reglab/housing_qa huggingface dataset:
NE Code § 31-216 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-216 - Drains or ditches; appeal from assessment; how taken; bond.

31-216.  Drains or ditches; appeal from assessment; how taken; bond.When the objections have been heard and determined by the board, any interested party may appeal therefrom to the district court by filing with the county clerk a written notice of the appeal within ten days from the date of such decision; Provided, they shall give a bond to be approved by the county clerk, conditioned to pay all costs of the proceedings on appeal, should the decision of the county board be sustained, and shall within thirty days file a transcript of the proceedings had upon the objection, with the clerk of the district court, where the matter shall be tried and determined as in ordinary civil cases.Source   Laws 1911, c. 142, § 12, p. 472;   R.S.1913, § 1786;   C.S.1922, § 1733;   C.S.1929, § 31-316;   R.S.1943, § 31-216.
NE Code § 31-217 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-217 - Drains or ditches; assessment; entry on tax books; how collected.

31-217.  Drains or ditches; assessment; entry on tax books; how collected.If no objections are filed to the report of the appraisers within the time as provided in section 31-213, or no appeal has been perfected from the decision of the county board upon objections determined by it, the county board shall direct the county clerk to place the assessment roll upon the tax book of the county against the lands or lots affected thereby together with the costs of all proceedings relating thereto, and shall confirm in whole or in part the report of the appraisers as to voluntary releases. The assessments to be made and placed upon the tax books of the county shall be collected by the county treasurer in the same manner as is provided for the collection of ordinary taxes.Source   Laws 1911, c. 142, § 13, p. 472;   R.S.1913, § 1787;   C.S.1922, § 1734;   C.S.1929, § 31-317;   R.S.1943, § 31-217. Annotations Notice must be sent to mortgagees or organization of drainage district before special assessment can be levied. Board of Commissioners of Hamilton County v. Northwestern Mut. Life Ins. Co., 114 Neb. 596, 209 N.W. 256 (1926).
NE Code § 31-218 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-218 - Drains or ditches; assessment; payment before entry on tax books allowed.

31-218.  Drains or ditches; assessment; payment before entry on tax books allowed.Any person or persons against whose land any assessment shall have been levied shall in his discretion have the right to pay to the county treasurer the amount of such assessment before the same has been placed upon the tax books of the county clerk.Source   Laws 1911, c. 142, § 15, p. 473;   R.S.1913, § 1788;   C.S.1922, § 1735;   C.S.1929, § 31-318;   R.S.1943, § 31-218.
NE Code § 31-219 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-219 - Drains or ditches; appraisers; compensation; expenses.

31-219.  Drains or ditches; appraisers; compensation; expenses.The appraisers shall receive the sum of three dollars per day for the time necessarily employed, together with necessary traveling expenses, with reimbursement for mileage to be made at the rate provided in section 81-1176, to be taxed as costs and to be paid from the money received from said special assessments as provided in section 31-211.Source   Laws 1911, c. 142, § 14, p. 472;   R.S.1913, § 1789;   C.S.1922, § 1736;   C.S.1929, § 31-319;   R.S.1943, § 31-219;   Laws 1981, LB 204, § 46;   Laws 1996, LB 1011, § 19.
NE Code § 31-220 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-220 - Drains or ditches; appraisers, employees, and contractors; entry on land authorized.

31-220.  Drains or ditches; appraisers, employees, and contractors; entry on land authorized.The drainage supervisors, any time after receiving any petition as provided in section 31-204, may authorize any appraisers or employees to go upon the lands affected for the purpose of examining the same and making a survey thereof. After the matter has been fully determined by the board or by the court on appeal, and condemnation or purchase money paid, the supervisors may authorize all contractors with their servants, teams, tools, instruments or other equipment to go upon the lands or lots for the purpose of constructing any ditch or ditches, drain or drains, and for this purpose may designate some responsible person to supervise the work.Source   Laws 1911, c. 142, § 16, p. 473;   R.S.1913, § 1790;   C.S.1922, § 1737;   C.S.1929, § 31-320;   R.S.1943, § 31-220;   Laws 1961, c. 370, § 2, p. 1144.
NE Code § 31-221 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-221 - Injuring or obstructing watercourse, drain, or ditch; penalty; liability for costs of cleaning.

31-221.  Injuring or obstructing watercourse, drain, or ditch; penalty; liability for costs of cleaning.If any person or persons shall willfully fill up, injure or destroy any watercourse or any drain or ditch constructed as herein required, or willfully prevent or delay the construction or repair of any watercourse or any drain or ditch in the manner provided by sections 31-201 to 31-223, such person or persons shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars, or be confined in the county jail not to exceed thirty days, and in addition thereto may be liable for the cost of cleaning out any such watercourse, drain, or ditch as determined by the court.Source   Laws 1911, c. 142, § 17, p. 473;   R.S.1913, § 1791;   C.S.1922, § 1738;   C.S.1929, § 31-321;   R.S.1943, § 31-221;   Laws 1965, c. 156, § 5, p. 503.
NE Code § 31-222 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-222 - Drains or ditches; assessment; credit allowed for work done by persons assessed.

31-222.  Drains or ditches; assessment; credit allowed for work done by persons assessed.In case any person assessed for benefits shall contract to do any work on the ditch or drain, and the work is done according to contract, the drainage supervisors shall give said person or persons a receipt thereof to the amount earned by such work, and such receipt shall be received by the county treasurer as payment of so much of such assessment.Source   Laws 1911, c. 142, § 18, p. 473;   R.S.1913, § 1792;   C.S.1922, § 1739;   C.S.1929, § 31-322;   R.S.1943, § 31-222.
NE Code § 31-223 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-223 - Drains or ditches; additional assessments; levy; collection.

31-223.  Drains or ditches; additional assessments; levy; collection.When the assessments as provided for in sections 31-201 to 31-222 shall be inadequate to complete the work proposed, or when assessments shall be necessary for the maintenance and repair of such ditches or drains, each tract of land shall be assessed by the county board such proportion of the additional costs as its original assessment bore to the total original assessment, and the said additional assessment shall be made and collected in the same manner as nearly as may be as the original assessment was made. In all subsequent matters in relation thereto, the same proceedings shall be had as hereinbefore required in regard to the original assessment.Source   Laws 1911, c. 142, § 19, p. 474;   R.S.1913, § 1793;   C.S.1922, § 1740;   C.S.1929, § 31-323;   R.S.1943, § 31-223.
NE Code § 31-224 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-224 - Watercourses, drains, or ditches; annual removal of rubbish by landowners or tenants; exceptions.

31-224.  Watercourses, drains, or ditches; annual removal of rubbish by landowners or tenants; exceptions.It shall be the duty of landowners in this state, or tenants of such landowners when in possession, owning or occupying lands through which a watercourse, slough, drainage ditch or drainage course lies, runs or has its course, to clean such watercourse, slough, drainage ditch or drainage course at least once a year, between March 1 and April 15, of all rubbish, weeds or other substance blocking or otherwise obstructing the flow of the water in such watercourse, slough, drainage ditch or drainage course, whenever such obstruction is caused by any of the acts of said owner or tenant, or with his knowledge or consent; Provided, however, this and sections 31-225 and 31-226 shall not apply to drainage ditches under control of any drainage company or corporation.Source   Laws 1911, c. 143, § 1, p. 474;   R.S.1913, § 1794;   C.S.1922, § 1741;   C.S.1929, § 31-324;   R.S.1943, § 31-224. Annotations  Owner of adjoining lands is required to maintain river in course to which diverted by authorized nonnegligent construction and is not entitled to recover for negligent maintenance. Idlewild Farm Co. v. Elkhorn River Drainage District, 116 Neb. 300, 216 N.W. 817 (1927). In this section, the phrase "at least" prior to "once a year" indicates that a landowner may have a duty to clear the ditch more than once during the specified period of March 1 to April 15, if the flow of water again becomes obstructed during this period. Barthel v. Liermann, 21 Neb. App. 730, 842 N.W.2d 624 (2014). There is nothing in this section that can be interpreted to require a landowner to clean a drainage ditch outside the March 1 to April 15 period if the flow of water becomes obstructed at any other time during the year. Barthel v. Liermann, 21 Neb. App. 730, 842 N.W.2d 624 (2014). This section imposes a duty upon a landowner to clean a drainage ditch once a year, between March 1 and April 15. Barthel v. Liermann, 21 Neb. App. 730, 842 N.W.2d 624 (2014). Landowners do not have to cause the obstruction in a waterway before this section requires them to clear it; the obstruction need only have occurred with their knowledge or consent. Landowners who were aware of weeds and cattle obstructing the ditch had a duty to clean the ditch out under this section despite the fact that they did not affirmatively obstruct the ditch. Barthel v. Liermann, 2 Neb. App. 347, 509 N.W.2d 660 (1993).
NE Code § 31-225 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-225 - Watercourses, drains, or ditches; annual clearing and deepening by landowner or tenant.

31-225.  Watercourses, drains, or ditches; annual clearing and deepening by landowner or tenant.It shall be the duty of any landowner or tenant who shall occupy or use land through which a watercourse, slough, drainage ditch or drainage course shall run or have its course, and who shall plow over or plant crops in the bed of such watercourse, slough, drainage ditch or drainage course, to dig out or by other means deepen, at least once a year, between March 1 and April 15, to a depth at least equal to that of such watercourse, drainage ditch, slough or drainage course, before same was plowed or seeded to crop, if plowing and planting as aforesaid causes an overflow or flooding of other lands along the course of said drainage ditch, slough or drainage course.Source   Laws 1911, c. 143, § 2, p. 475;   R.S.1913, § 1795;   C.S.1922, § 1742;   C.S.1929, § 31-325;   R.S.1943, § 31-225.
NE Code § 31-226 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-226 - Watercourses, drains, or ditches; failure to clear after notice; penalty.

31-226.  Watercourses, drains, or ditches; failure to clear after notice; penalty.Any person or individual violating any provisions of sections 31-224 and 31-225, and who shall have been notified by an owner or tenant having the same watercourse, slough, drainage ditch or drainage course running through the land owned or occupied by such person or individual, at least ten days before the filing of a complaint, to remove an obstruction in such watercourse, slough, drainage ditch or drainage course, and who shall fail to comply with such notice, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not more than ten dollars and be liable for all damages caused by reason of such obstruction.Source   Laws 1911, c. 143, § 3, p. 475;   R.S.1913, § 1796;   C.S.1922, § 1743;   C.S.1929, § 31-326;   R.S.1943, § 31-226.
NE Code § 31-227 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-227 - Cities of the metropolitan class; county boards; concurrent jurisdiction over watercourses.

31-227.  Cities of the metropolitan class; county boards; concurrent jurisdiction over watercourses.The city council of any city of the metropolitan class shall have concurrent jurisdiction with the county board of any county having a population of two hundred thousand inhabitants or more, and the power to cause all natural watercourses, as defined in section 31-228, which are within its corporate limits or within three miles thereof, to be kept clean and free of obstructions in such manner as to permit the natural flow thereof.Source  Laws 1965, c. 156, § 1, p. 502.
NE Code § 31-228 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-228 - Concurrent jurisdiction; watercourse, defined.

31-228.  Concurrent jurisdiction; watercourse, defined.Any depression or draw two feet or more below the surrounding lands and having a continuous outlet to a stream of water, or river or brook shall be deemed a watercourse.Source  Laws 1965, c. 156, § 2, p. 502.
NE Code § 31-229 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-229 - Cities of the metropolitan class; obstructions; petition for removal.

31-229.  Cities of the metropolitan class; obstructions; petition for removal.Whenever any natural watercourse, as defined in section 31-228, within the corporate limits of a city of the metropolitan class, or within three miles thereof, is filled with trees, silt, or debris in such a manner as to obstruct the natural flow thereof and cause damage by flooding of adjacent lands, any five landowners owning land in the corporate limits of such city or within three miles thereof abutting on the natural watercourse may, by petition, request the city council to cause the same to be cleaned out and rendered free of obstructions.Source  Laws 1965, c. 156, § 3, p. 503.
NE Code § 31-230 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-230 - Cities of the metropolitan class; drainage; cleaning out watercourse; special assessments.

31-230.  Cities of the metropolitan class; drainage; cleaning out watercourse; special assessments.The city council of a city of the metropolitan class upon receipt of a request pursuant to section 31-229, may, if it finds that natural flow is being obstructed, cause the natural watercourse to be cleaned out. Except as provided in section 31-221, the cost thereof may be levied as a special assessment and apportioned among the property owners specially benefited thereby and collected in the same manner as special assessments are levied and collected.Source   Laws 1965, c. 156, § 4, p. 503;  Laws 2015, LB361, § 50.
NE Code § 31-301.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-301.01 - Drainage districts; formation prohibited after June 30, 1972; exceptions.

31-301.01.  Drainage districts; formation prohibited after June 30, 1972; exceptions.After June 30, 1972, no new drainage districts shall be organized under the provisions of sections 31-301 to 31-377. Attempted formations of drainage districts under sections 31-301 to 31-377 which have not been completed before July 1, 1972, shall be null, void and of no effect for the purpose of organizing such district. All drainage districts having valid corporate existence before July 1, 1972, shall enjoy all rights, duties, powers and authorities conferred by sections 31-301 to 31-377 and shall not be affected by this section, nor shall the legality of formation, organization, or operation of any such district be subject to any legal action based on this section.Source   Laws 1969, c. 9, § 61, p. 134;   Laws 1971, LB 544, § 7.
NE Code § 31-302 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-302 - Formation; articles; where filed.

31-302.  Formation; articles; where filed.After the articles of association shall be signed, the same shall be filed in the office of the clerk of the district court of the county in which such drainage district is located, or if such drainage district is composed of tracts, or parcels of land in two or more counties, then in the office of the clerk of the district court of the county in which the greater portion of such proposed drainage district may be situated.Source   Laws 1905, c. 161, § 1, p. 611;   Laws 1909, c. 147, § 1, p. 508;   R.S.1913, § 1797;   C.S.1922, § 1744;   C.S.1929, § 31-401;   R.S.1943, § 31-302. Annotations Articles should be filed in county having larger portion of lands. Petersen v. Thurston, 157 Neb. 833, 62 N.W.2d 68 (1954).
NE Code § 31-303 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-303 - Formation; notice to landowners affected; summons; service by publication.

31-303.  Formation; notice to landowners affected; summons; service by publication.Immediately after such articles of association shall have been filed, the clerk of the district court of the county in which the proposed district is located, and in case the drainage district be composed of territory situated in different counties, the clerk of the district court of the county in which the greater portion of the land and of the proposed district shall be situated, shall issue a summons, as provided by law, returnable at the next term of the district court, directed to the several owners of real estate in the proposed district who may be averred to be benefited thereby but have not signed the articles of association, which shall be served as summons in civil cases. In case any owner or owners of real estate in the proposed district are unknown, or are nonresidents, they shall be notified in the same manner as nonresident defendants are by law notified in actions in the district courts of this state, setting forth in such notice that the articles of association have been filed, the purpose thereof, that the real estate of such owner or owners situated in the district, fully describing the same, will be affected thereby and rendered liable to taxation or assessment for the purposes of draining such district, and that application will be made to have the district declared a drainage district for the purposes of draining and reclaiming the same.Source   Laws 1905, c. 161, § 2, p. 611;   R.S.1913, § 1798;   C.S.1922, § 1745;   C.S.1929, § 31-402;   R.S.1943, § 31-303. Annotations  Notice must be given to owners of land who have not signed the articles of association. Latham v. Chicago, B. & Q. R. Co., 100 Neb. 173, 158 N.W. 923 (1916). Nonresident means not a resident of the state. Catron v. Dailey, 84 Neb. 487, 121 N.W. 462 (1909).
NE Code § 31-304 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-304 - Formation; objections; hearing; judgment.

31-304.  Formation; objections; hearing; judgment.All owners of real estate situated in the proposed district who have not signed the articles of association and who may object to the organization of the drainage district, after having been duly summoned shall, on or before the second day of the term of court to which they have been summoned to appear, file their objection or objections in writing, if any they may have, why such drainage district should not be organized and declared a public corporation of this state, and why their land will not be benefited by drainage, and should not be embraced in the drainage district and liable to taxation for draining the same. All such objections shall be heard by the court in a summary manner, without any unnecessary delay, and in case such objections are overruled, the district court shall, by its order duly entered of record, declare the drainage district a public corporation of this state. The fact that the district contains one hundred and sixty acres or more of wet, overflowed, or submerged lands shall be sufficient cause for declaring the public utility of such improvements, and shall be sufficient grounds for declaring the organization of a public corporation of this state. In case any owner of such real estate shall satisfy the court that his real estate, or a part thereof, has been wrongfully included in the district, and will not be benefited thereby, then the court may exclude such real estate as will not be benefited, and declare the remainder a district as prayed for.Source   Laws 1905, c. 161, § 3, p. 612;   R.S.1913, § 1799;   C.S.1922, § 1746;   C.S.1929, § 31-403;   R.S.1943, § 31-304. Annotations  District was organized properly. County of Johnson v. Weber, 160 Neb. 432, 70 N.W.2d 440 (1955). Where portion of land will not be benefited, it may be excluded. Petersen v. Thurston, 157 Neb. 833, 62 N.W.2d 68 (1954). Judgment sustaining objections to including lands in drainage district without prejudice to subsequent inclusion does not bar subsequent inquiry. Shepherdson v. Fagin, 116 Neb. 806, 219 N.W. 187 (1928). After jurisdiction is acquired, the court may permit additional landowners in district to join in articles of association. Henderson v. Holliman, 108 Neb. 67, 187 N.W. 128 (1922). This act does not contemplate that the question of damages by third persons shall be decided at the hearing upon the application for formation of district, and statute permitting intervention is not applicable. Latham v. Chicago, B. & Q. R. Co., 100 Neb. 173, 158 N.W. 923 (1916). Facts which court must find to enter order are properly raised by filing of articles. Drainage Dist. No. 1 of Otoe and Johnson Counties v. Wilkins, 93 Neb. 567, 141 N.W. 151 (1913).
NE Code § 31-305 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-305 - Formation; articles; filing and recording.

31-305.  Formation; articles; filing and recording.Within twenty days after the district has been declared a corporation by the court, the clerk thereof shall transmit to the Secretary of State a certified copy of the record relating thereto, and the same shall be filed in his office in the same manner as articles of incorporation are required to be filed under the general law concerning corporations. A copy of such record, together with a plat of the district, shall also be filed in the office of the county clerk of the county or counties in which the district, or any part thereof, is situated.Source   Laws 1905, c. 161, § 4, p. 613;   R.S.1913, § 1800;   C.S.1922, § 1747;   C.S.1929, § 31-404;   R.S.1943, § 31-305.