reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-780 - Administrator; period of authority; termination.

31-780.
Administrator; period of authority; termination.
The administrator shall serve at the pleasure of the Auditor of Public Accounts or until the district court shall terminate the authority of the auditor and the administrator. A petition for review by the court of the original order may be filed by any person with an interest in the district. The court shall have the power to terminate the authority of the Auditor of Public Accounts and the administrator upon its determination that none of the conditions set forth in section 31-773 exist or it is in the best interest of the district that the authority of the administrator be terminated. A termination of the authority of the Auditor of Public Accounts and the administrator shall reinstate the authority of the board of trustees pursuant to sections 31-727 to 31-770.
Source
Laws 1982, LB 868, § 42.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-781 - Petition requesting annexation; meeting; vote.

31-781.
Petition requesting annexation; meeting; vote.
(1) Any sanitary and improvement district desiring to be annexed by a city of the metropolitan, primary, first, or second class or village may, subject to the requirements in subsection (2) of this section, by formal vote of a majority of the members of the board of trustees of the district, petition the city council of the city or board of trustees of the village for annexation. Such petition shall be filed on or before March 1 of the year in which annexation is sought by the district.
(2) Prior to taking the formal vote to petition the city or village for annexation, the board of trustees of the district shall schedule a meeting to discuss the filing of the petition with the residents and property owners of the district. At least thirty days prior to the date of such meeting, the board of trustees shall send notice of the meeting by first-class mail, postage prepaid, to each property owner and residence in the district. Such notice shall set out the date, time, and place of the meeting and shall indicate that the purpose of the meeting is to discuss the filing of a petition for annexation by a city or village and that those attending the meeting will be offered the opportunity to express their opinions. The board of trustees shall take no formal action on the petition for annexation until such meeting has taken place, and no petition shall be valid if such meeting has not occurred.
Source
Laws 1993, LB 210, § 1.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-782 - Petition; filed with clerk; response.

31-782.
Petition; filed with clerk; response.
The petition described in section 31-781 shall be filed with the city or village clerk and shall be deemed received by the city council of the city or board of trustees of the village on the date upon which it is presented to the clerk. Following the filing of the petition, the district shall respond promptly and fully to all requests by the city or village for information with regard to any matter relevant to annexation.
Source
Laws 1993, LB 210, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-783 - Petition; review; vote; when.

31-783.
Petition; review; vote; when.
The city council of the city or board of trustees of the village shall review all petitions filed under section 31-781 and by formal vote of the council or board either grant or deny the petition. The vote shall be taken not later than the date of the first regular meeting of the council or board in July of the year in which the petition was filed.
Source
Laws 1993, LB 210, § 3.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-784 - Petition denial; report.

31-784.
Petition denial; report.
If the city council of the city or board of trustees of the village votes to deny a petition filed under section 31-781, it shall approve and adopt by vote of the council or board a report specifying the reasons for denial. Such report shall recite the specific reasons, whether financial or otherwise, which led to the decision of the council or board. Special emphasis shall be placed upon conditions in the control of the sanitary and improvement district which might be remedied by action of the district in the future. The city or village may set out in the report the conditions which, if met, would permit the city or village to annex the district in the future.
Source
Laws 1993, LB 210, § 4.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-785 - Compliance; not required.

31-785.
Compliance; not required.
Compliance with sections 31-781 to 31-784 shall not be required for annexation of a sanitary and improvement district. Failure to comply with such sections shall not serve as the basis for the invalidation of an otherwise lawful annexation of a district by a city or village.
Source
Laws 1993, LB 210, § 5.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-786 - Terms, defined.

31-786.
Terms, defined.
For purposes of sections 31-786 to 31-793:
(1) Filing clerk means the election commissioner or county clerk of the county in which all or the largest portion of the land area comprising a sanitary and improvement district is located;
(2) Qualified property owning voter means a person entitled to vote as provided in section 31-735 for all trustees of a sanitary and improvement district other than those which may be elected only by qualified resident voters; and
(3) Qualified resident voter means a person entitled to vote as provided in section 31-735 for all trustees of a sanitary and improvement district.
Source
Laws 1997, LB 874, § 1;
Laws 2002, LB 176, § 4.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-788 - Secretary of State; petition papers; requirements.

31-788.
Secretary of State; petition papers; requirements.
(1) The Secretary of State shall design the uniform petition papers to be distributed by all filing clerks for use in the recall of trustees of sanitary and improvement districts and shall keep a sufficient number of such blank petition papers on file for distribution to any filing clerk requesting recall petitions.
(2) Each petition paper presented to a qualified voter for his or her signature shall clearly indicate at the top (a) whether the trustee whose recall is being sought was elected solely by qualified resident voters, (b) whether the signatories must be qualified resident voters or may include qualified property owning voters, (c) that the signatories must support the holding of a recall election for the trustee, (d) the name of the individual sought to be recalled, and (e) a general statement of the reason or reasons for which recall is sought.
(3) Each petition paper shall contain a statement entitled Instructions to Petition Circulators prepared by the Secretary of State to assist circulators in understanding the provisions governing the petition process established by sections 31-786 to 31-793. The instructions shall include the following statement: No one circulating this petition paper in an attempt to gather signatures shall sign the circulator's affidavit unless each person who signed the petition paper did so in the presence of the circulator.
Source
Laws 1997, LB 874, § 3;
Laws 2002, LB 176, § 6;
Laws 2003, LB 444, § 3.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-789 - Signature verification; effect.

31-789.
Signature verification; effect.
(1) The principal circulator or circulators shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the filing clerk within thirty days after the filing clerk issues the initial petition papers to the principal circulator or circulators as provided in section 31-787.
(2) Within fifteen days after the filing of the petition, the filing clerk shall ascertain whether or not the petition is signed by sufficient qualified resident voters and qualified property owning voters as provided in section 31-787. No new signatures may be added after the initial filing of the petition papers. No signatures may be removed unless the filing clerk receives an affidavit signed by the person requesting that his or her signature be removed before the petitions are filed with the filing clerk for signature verification.
(3) If the petition is found to be sufficient, the filing clerk shall attach to the petition a certificate showing the result of such examination. If the petition is found not to be sufficient, the filing clerk shall file the petition in his or her office without prejudice to the filing of a new petition for the same purpose.
Source
Laws 1997, LB 874, § 4;
Laws 2002, LB 176, § 7;
Laws 2012, LB1121, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-790 - Notification to trustee; resignation; recall election; how conducted.

31-790.
Notification to trustee; resignation; recall election; how conducted.
(1) If the recall petition is found to be sufficient, the filing clerk shall notify the trustee whose removal is sought and the board of trustees of the sanitary and improvement district that sufficient signatures have been gathered.
(2) If the trustee does not resign within five days after receiving the notice, the filing clerk shall order an election to be held not less than forty-five days nor more than sixty days after the expiration of the five-day period, except that if an election for the board of trustees of the district is to be held within one hundred twenty days after the expiration of the five-day period, the filing clerk shall provide for the holding of the removal election at the time of such regular election. The recall election shall be conducted in the same manner as an election for members of the board of trustees as provided in section 31-735. After the filing clerk sets the date for the recall election, the recall election shall be held regardless of whether the trustee whose removal is sought resigns before the recall election is held.
Source
Laws 1997, LB 874, § 5.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-791 - Official ballot; form.

31-791.
Official ballot; form.
The form of the official ballot at a recall election conducted pursuant to section 31-790 shall conform to the requirements of this section. With respect to each trustee whose removal is sought, the question shall be submitted: Shall (name of trustee) be removed from the office of trustee? Immediately following each such question there shall be printed on the ballot the two responses: Yes and No. Immediately to the left of each response shall be placed a square or oval in which the voters qualified to vote for the trustee in a regular election may vote for one of the responses by making a cross or other clear, identifiable mark. The name of the trustee which shall appear on the ballot shall be the name of the trustee that appeared on the ballot of the previous election that included his or her name.
Source
Laws 1997, LB 874, § 6;
Laws 2002, LB 176, § 8.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-792 - Election results; effect; vacancy; special election.

31-792.
Election results; effect; vacancy; special election.
(1) If a majority of the votes cast at a recall election are against the removal of the trustee named on the ballot or the election results in a tie, the trustee shall continue in office for the remainder of his or her term.
(2) If a majority of the votes cast at a recall election are for the removal of the trustee named on the ballot, he or she shall, regardless of any technical defects in the recall petition, be deemed removed from office unless a recount is ordered. If the trustee is deemed removed, the removal shall result in an immediate vacancy in the office from the date of the election. The vacancy shall be filled as provided in subsection (2) of section 31-735.
(3) If there are vacancies in the offices of a majority or more of the members of the board of trustees at one time due to the recall of such members, a special election to fill such vacancies shall be conducted as expeditiously as possible by the filing clerk in the manner specified in section 31-735.
(4) No trustee who is removed at a recall election or who resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the same board of trustees during the remainder of his or her term of office.
Source
Laws 1997, LB 874, § 7.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-793 - Recall petition filing form; filing limitation.

31-793.
Recall petition filing form; filing limitation.
No recall petition filing form shall be filed against a trustee under section 31-787 within twelve months after a recall election has failed to remove him or her from office or within six months after the beginning of his or her term of office or within six months prior to the incumbent filing deadline for the office.
Source
Laws 1997, LB 874, § 8;
Laws 2019, LB411, § 28.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-901 - Declaration of policy.

31-901.
Declaration of policy.
(1) The maintenance of adequate drainage within the confines of certain counties of the state is hereby declared to be a matter of public health, convenience and welfare.
(2) The use of road ditches, the use of public and private ditches and natural watercourses for drainage requires some coordinated system of control and maintenance.
(3) Where portions of the drainage system of any county are not included within the boundaries of any drainage district organized under Chapter 31, article 3 or 4, or within the boundaries of any sanitary drainage district organized under Chapter 31, article 5 or 7, the county board may assist in the control and maintenance of the drainage of any area within said county, under the provisions of sections 31-901 to 31-933.
Source
Laws 1959, c. 132, § 1, p. 483.
Annotations
Proceedings involved the cleaning, widening, and changing of a drainage ditch. Harms v. County Board of Supervisors, 173 Neb. 687, 114 N.W.2d 713 (1962).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-902 - Terms, defined.

31-902.
Terms, defined.
For purposes of the County Drainage Act, unless the context otherwise requires:
(1) County board shall mean either the board of supervisors when the county is organized under the township form or county commissioners when the county is organized under the commissioner system;
(2) Ditch shall include all road ditches and any ditch whether constructed privately or by a public agency, the water from which drains into road ditches, drainage ditches, or watercourses;
(3) Lots and lands shall include all real estate and any interest therein whether owned by individuals, partnerships, limited liability companies, or corporations, whether federal, state, county, school or municipal, all public roads, and all railroad right-of-way;
(4) Watercourse shall mean any stream, creek, draw, or natural depression through which normal drainage or storm water is accustomed to flow;
(5) Owner shall mean the person, persons, or organization shown by the records of the register of deeds or county clerk of any county to be the record titleholder to any lot or land; and
(6) Cleaning shall mean removing of trees, brush, obstructions, and sediment or the widening, deepening, straightening, or altering the channel of any ditch or watercourse.
Source
Laws 1959, c. 132, § 2, p. 484;
Laws 1993, LB 121, § 196.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-903 - Drainage assistance; petition by landowners; contents; county board; investigation.

31-903.
Drainage assistance; petition by landowners; contents; county board; investigation.
At such time as a petition by one or more owners of any lots or lands within the county is filed with the county board of any county stating: (1) That there are areas within said county which are not within the boundaries of any drainage district organized under Chapter 31, article 3 or 4, or any sanitary drainage district organized under Chapter 31, article 5 or 7, as the same now exist or may hereafter be amended; (2) that said lands are subject to overflow or lack of adequate drainage; (3) that public health, convenience and welfare would be served by the assistance in the control and maintenance of drainage in said areas by the county board; and (4) that the county board should assist and regulate the drainage in said areas under the provisions of sections 31-901 to 31-933, the county board shall investigate the facts set out therein and make determination thereon within thirty days from date of filing.
Source
Laws 1959, c. 132, § 3, p. 484.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-904 - Drainage assistance; petition; denial; approval; county board; assist in drainage.

31-904.
Drainage assistance; petition; denial; approval; county board; assist in drainage.
If the county board determines that the allegations of said petition are not true, it shall deny the request. If it determines that the allegations of said petition are true, it shall, by resolution, declare that the county intends to assist in drainage under the provisions of sections 31-901 to 31-933. The determination and finding of the board shall be conclusive. If a county board has by resolution determined to assist and regulate drainage, it may at any time after one year has elapsed, by resolution, rescind such action and determine that the county assistance is not necessary. If the county board makes the determination to assist in drainage it shall have the authority provided for in sections 31-905 to 31-932.
Source
Laws 1959, c. 132, § 4, p. 485.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-905 - Drainage fund; tax; levy; purpose.

31-905.
Drainage fund; tax; levy; purpose.
The county board may, at the time the next levy for the county is set up, levy not to exceed eight-tenths of one cent on each one hundred dollars upon the taxable value of all the taxable property of the county for the establishment of a drainage fund. No other general levy of any kind shall be made either for operation under the County Drainage Act, for maintenance, for construction, or for any other reason connected with or incidental to the drainage by the county board. Except as provided for in sections 31-920 and 31-922, the money raised from this levy shall be used for the expenses of administering the act, including supervisory and technical expenses, and shall not be used to pay costs and expenses which can be allocated to specific drainage projects.
Source
Laws 1959, c. 132, § 5, p. 485;
Laws 1979, LB 187, § 146;
Laws 1992, LB 719A, § 128.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-906 - Drainage fund; levy; special fund.

31-906.
Drainage fund; levy; special fund.
The money raised from the levy provided in section 31-905 shall be used for the expenses of the county board in operating under the provisions of sections 31-901 to 31-933 and shall be kept by the county treasurer in a special fund for that purpose.
Source
Laws 1959, c. 132, § 6, p. 486.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-907 - Drainage improvement; petition; county board; order.

31-907.
Drainage improvement; petition; county board; order.
After a determination has been made as provided in section 31-904, if at any time a petition signed by one or more owners of lots and lands affected is filed with the board requesting: (1) The cleaning of a road ditch; (2) the cleaning of a public or private ditch which is used for drainage by more than one landowner; (3) the cleaning of a watercourse; (4) the construction of any dike, revetment or bank protection; or (5) the installation of a culvert or drain, the board shall make a determination as to whether said improvement would be conducive to public health, convenience or welfare.
Source
Laws 1959, c. 132, § 7, p. 486.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-908 - Drainage improvement; proposed plan; contents.

31-908.
Drainage improvement; proposed plan; contents.
If the board determines that said requested drainage improvement should be undertaken, it shall within ninety days develop a proposed plan for said improvement. This plan shall include:
(1) An estimate of the cost of said improvement;
(2) If the estimate indicates the cost will exceed one thousand dollars, a profile showing elevations of the drainageway before, and the proposed elevations after the completion thereof;
(3) A plat showing the lots and lands that will be benefited by said improvement and the proposed assessment of benefits and award of damages in connection therewith for each owner;
(4) A brief statement showing the nature of said improvement and the place of starting and ending thereof;
(5) A list of the owners of the lands and lots included in said plat together with the addresses as shown in the office of the county treasurer of said county; and
(6) A map showing the location and route of said improvement.
Source
Laws 1959, c. 132, § 8, p. 486.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-909 - Proposed drainage improvement plan; file with county clerk; hearing; notice; contents.

31-909.
Proposed drainage improvement plan; file with county clerk; hearing; notice; contents.
The proposal shall be filed with the county clerk of the county who shall set a hearing date not less than thirty nor more than ninety days from date of filing. Notice of the hearing shall be given by certified mail addressed to the address of each land or lot owner as shown on the plat. The notice shall give the date of hearing, the amount of benefits assessed against or damages awarded to the owner so notified, and a recital that the plan for the improvement is on file and subject to inspection in the office of the clerk. If no address of a landowner is ascertainable, the county clerk shall publish a notice of the hearing as to such owner by one publication in a legal newspaper published or of general circulation in such county.
Source
Laws 1959, c. 132, § 9, p. 487;
Laws 1986, LB 960, § 24.
Annotations
Notice was properly given to landowners in district. Harms v. County Board of Supervisors, 173 Neb. 687, 114 N.W.2d 713 (1962).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-910 - Proposed drainage improvement plan; hearing; objections.

31-910.
Proposed drainage improvement plan; hearing; objections.
At the hearing the county board shall hear objections from any land or lot owner as to the following:
(1) Whether the project will be conducive to the public health, convenience or welfare;
(2) Assessment of benefits;
(3) Compensation for land appropriated; and
(4) Damage claimed to property affected by the improvement. Within thirty days from the date of the hearing, the county board shall make final determination of the amount of benefits to be assessed and damages to be awarded and shall decide any other objections raised at said hearing. Notice of such determination shall be given by certified mail to all parties who filed objections thereto.
Source
Laws 1959, c. 132, § 10, p. 487.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-911 - Proposed drainage improvement plan; order; appeal; procedure.

31-911.
Proposed drainage improvement plan; order; appeal; procedure.
Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the items set forth in section 31-910. Such appeal shall be by complaint filed with the county clerk within twenty days after receipt of the notice provided for in section 31-910. The complainant shall furnish a bond running to the county to be approved by the county clerk conditioned to pay all costs that may be adjudged against the complainant if the appeal be not sustained. The county clerk shall thereupon make a transcript of the objections and the determination and such complainant shall, within ten days after receipt of such transcript, file such transcript in the district court and such court shall hear and determine such appeal in a summary manner as in a case in equity and shall increase or reduce the assessments of benefits or may increase or reduce the award of damages upon any tract where the same may be required to make the apportionment equitable. All appeals that may be filed shall be heard and determined by the court in one proceeding and only one transcript of the determination shall be required.
Source
Laws 1959, c. 132, § 11, p. 488;
Laws 1961, c. 138, § 10, p. 402;
Laws 1961, c. 144, § 1, p. 421.
Annotations
Under former law, failure to provide any procedural method for lodging jurisdiction in district court defeated right of appeal. Harms v. County Board of Supervisors, 173 Neb. 687, 114 N.W.2d 713 (1962).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-912 - Proposed drainage improvement plan; county board; proceed with plan.

31-912.
Proposed drainage improvement plan; county board; proceed with plan.
In the event no appeal is perfected as provided in section 31-911, or upon final determination of said appeal, unless the court should hold that the improvement is not conducive to public health, convenience and welfare, the board shall proceed as follows:
(1) If the estimated cost of the improvement is two thousand dollars, or less, the board may, through rental of equipment or private contract, make said improvements without public letting;
(2) If the estimated cost of the improvement is more than two thousand dollars, plans and specifications therefor shall be drawn by an engineer employed by said board. At such time as the plans and specifications are complete, the board shall fix a time for the opening of bids on said improvement and publish notice thereof for three weeks prior to such letting;
(3) No project shall be divided into small sections in order to avoid the requirement for public letting set forth in this section; and
(4) No bid shall be accepted which is more than the estimated cost of said improvement. The board shall let the contract to the lowest responsible bidder and shall take from said bidder a sufficient bond as security for performance of the contract pursuant to and within the time fixed by said plans and specifications.
Source
Laws 1959, c. 132, § 12, p. 488.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-913 - Drainage improvements; work completed; payment.

31-913.
Drainage improvements; work completed; payment.
Payment for the work done under the provisions of section 31-912 shall be made monthly upon progress certificate of the engineer with ten percent of each estimate to be withheld until final completion and acceptance of said improvement.
Source
Laws 1959, c. 132, § 13, p. 489.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-914 - Drainage improvements; cost; payment; warrant.

31-914.
Drainage improvements; cost; payment; warrant.
The cost of each improvement shall be paid by warrant signed by the county clerk drawn upon the county treasurer, which warrant shall designate the particular improvement project upon which it is drawn and shall be paid from money received from assessments on lots and lands in the particular improvement project.
Source
Laws 1959, c. 132, § 14, p. 489.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-915 - Drainage improvements; borrowing from county general fund permitted.

31-915.
Drainage improvements; borrowing from county general fund permitted.
Pending the collection of assessments on any particular projects, the county treasurer may, with approval from the county board, transfer money from the general fund, which money shall be returned when collections are made of assessments of benefits as provided for by sections 31-901 to 31-933.
Source
Laws 1959, c. 132, § 15, p. 489.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-916 - Drainage improvements; assessments; interest; due date; lien; public lands; collection.

31-916.
Drainage improvements; assessments; interest; due date; lien; public lands; collection.
At such time as the contract for said improvement is let, or in the event no contract is let, at such time as the improvement is completed, the county board shall determine the exact amount of each assessment and direct the county clerk to certify the same to the county treasurer. This certificate shall establish the due date for payment for said assessments. Said assessments shall bear interest after the due date at the rate of seven percent per annum and shall be a lien upon the real estate assessed against to the same extent as general taxes, prior to all other liens, and may be collected by sale of the same as for delinquent general taxes. Where the lot or land assessed belongs to any public or governmental corporation, no interest shall be charged until after a claim has been filed by the county treasurer with the appropriate payment agency of such public or governmental corporation. Where title to lands assessed is in the State of Nebraska, payment shall be made under provisions of Chapter 31, article 6.
Source
Laws 1959, c. 132, § 16, p. 489.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-917 - Drainage improvements; assessments; installments; limitation.

31-917.
Drainage improvements; assessments; installments; limitation.
The county board, in its sole discretion, may provide for the payment of the assessments in five equal annual installments, the unpaid balances of which shall bear interest at not to exceed the legal rate of interest or the interest which is borne by the warrants issued in payments of said project. In the event that the board elects to defer payments as provided in this section, warrants shall be given in payment of the costs of said project, which warrants shall be payable from collection of such assessments.
Source
Laws 1959, c. 132, § 17, p. 489.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-918 - Drainage improvements; damages; county board; claim; limitation; hearing.

31-918.
Drainage improvements; damages; county board; claim; limitation; hearing.
Should a lot or land owner suffer damage resulting from said drainage improvement and such party not have been notified thereof as provided for in section 31-909, such lot or land owner may, within thirty days from the date that said damage occurred, file a claim with the county board setting forth the nature of such damage and requesting a hearing thereon. A hearing shall then be had as provided for in section 31-910, with right of appeal as set out in section 31-911. Should assessment of benefits be made and a lot or land owner not have been notified as provided for in section 31-909, such lot or land owner shall have thirty days from the time of discovery of assessment or within one year from the date that said assessment is filed in the office of the county treasurer, whichever date occurs first, to request a hearing on the validity of his assessment and he shall have the right of appeal as set out in section 31-911;
Provided,
neither the failure to notify any lot or land owner nor the outcome of such appeal shall invalidate the proceedings as to other lot or land owners.
Source
Laws 1959, c. 132, § 18, p. 490.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-919 - Drainage improvements; assessment of benefits; award of damages, when final; appeal.

31-919.
Drainage improvements; assessment of benefits; award of damages, when final; appeal.
The assessment of benefits against, and award of damages to, every lot or land owner who has been notified as provided in section 31-909 and who fails to file objections or having filed objections fails to prosecute appeal from ruling thereon, shall be final. The collection of any assessment levied shall not be enjoined, nor shall it be set aside or be held void because of any irregularity or error committed in any of the proceedings had under sections 31-901 to 31-933. The award of damages to any such lot or land owner shall likewise be final and no claim shall be made against the county or the area benefited because of any claimed subsequent or consequential damages arising because of said improvement.
Source
Laws 1959, c. 132, § 19, p. 490.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-920 - Drainage improvements; damages; additional assessments of benefits; payment.

31-920.
Drainage improvements; damages; additional assessments of benefits; payment.
Should the board allow damage, or should the court on appeal allow damage to the claimant as provided for in section 31-919, additional assessments of benefits shall be made against the lot and land owners by supplemental assessments upon the proportion fixed by the original assessment upon the lots and lands benefited to pay such claim, to be certified and collected as original assessments. Should this additional amount to be so assessed be less than five hundred dollars the board in its discretion may pay the same from the drainage fund created by section 31-905.
Source
Laws 1959, c. 132, § 20, p. 491.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-921 - Drainage improvements; additional assessments.

31-921.
Drainage improvements; additional assessments.
Should unexpected expenses or awards of damages require a supplemental assessment of benefits to pay for such improvements, the board shall have the authority to make such supplemental assessments in the manner provided in section 31-920. Should this additional amount to be so assessed be less than five hundred dollars, the board in its discretion may pay the same from the drainage fund created by section 31-905.
Source
Laws 1959, c. 132, § 21, p. 491.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-922 - County board; drainage assistance and regulation; general powers.

31-922.
County board; drainage assistance and regulation; general powers.
(1) The county board shall have authority to direct landowners to remove, from ditches and watercourses adjoining or within the boundaries of their premises, obstructions which the landowners have placed or permitted to be placed therein, including the removal of inadequate culverts, crossings and bridges.
(2) If an inadequate bridge, culvert or crossing has been in or over a ditch or watercourse for more than one year prior to September 28, 1959, the cost of removal or replacement shall be paid either from the county road fund, the county drainage fund or from the assessments under an improvement project conducted under sections 31-907 to 31-920.
(3) Where the removal of such obstruction is not to be payable out of special funds as provided for in subsection (2) of this section, the board, after thirty days' notice by certified mail, to the owner, may remove the obstruction and assess the costs thereof against such owner in the manner provided in section 31-916;
Provided,
the owner shall have the right to appeal from the order in the manner provided for in section 31-911.
Source
Laws 1959, c. 132, § 22, p. 491.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-922.01 - County board; rights-of-way; manner of acquisition.

31-922.01.
County board; rights-of-way; manner of acquisition.
The county board, in constructing a drainage improvement under the provisions of sections 31-901 to 31-933, may procure rights-of-way by purchase, gift, or by exercise of the right of eminent domain in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1961, c. 144, § 2, p. 421.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-923 - Cleaning project; county road; benefits; payment; county road fund.

31-923.
Cleaning project; county road; benefits; payment; county road fund.
Where any cleaning project benefits a county road, the county board may assess the appropriate share of the costs to the county road fund.
Source
Laws 1959, c. 132, § 23, p. 492.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-924 - Cleaning project; road ditch, ditch, or watercourse; installation and maintenance of bridge or culvert; payment; county road funds.

31-924.
Cleaning project; road ditch, ditch, or watercourse; installation and maintenance of bridge or culvert; payment; county road funds.
Where the cleaning involves a road ditch or a ditch or watercourse that is crossed by a county or township bridge or culvert, the board, in its discretion, may provide for the use of county road funds for installation and maintenance of such bridge or culvert or to assist therein.
Source
Laws 1959, c. 132, § 24, p. 492.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-925 - Cleaning project; ditch or watercourse; state highway; contract with Department of Transportation.

31-925.
Cleaning project; ditch or watercourse; state highway; contract with Department of Transportation.
Where the cleaning of a ditch or watercourse involves a state highway, the county board is authorized to make any contract with the Department of Transportation with reference to bridges or culverts or, if unable to agree therein, to bring any action necessary to force the state to participate in such improvement.
Source
Laws 1959, c. 132, § 25, p. 492;
Laws 2017, LB339, § 82.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-926 - County board; engineers; attorneys; employees; payment from drainage fund.

31-926.
County board; engineers; attorneys; employees; payment from drainage fund.
The county board may employ engineers, attorneys, and others to assist in the administration of sections 31-901 to 31-933. Payment for these services shall be made from the drainage fund except where a particular improvement project is set up, in which case the share of engineering, legal and other costs shall become part of the improvement project's costs and shall be paid therefrom.
Source
Laws 1959, c. 132, § 26, p. 492.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-927 - County board; limitation on powers; contract with other districts.

31-927.
County board; limitation on powers; contract with other districts.
The county board shall not set up any drainage improvement project within the boundaries of any drainage district organized under Chapter 31, article 3 or 4, or sanitary districts organized under Chapter 31, article 5 or 7, but may have authority to contract with any such district with reference to drainage within such district.
Source
Laws 1959, c. 132, § 27, p. 492.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-928 - Cities of first or second class or villages; included in improvement district.

31-928.
Cities of first or second class or villages; included in improvement district.
Lots and lands within the confines of any village or city of the second or first class may be included within the boundaries of an improvement project as provided for in sections 31-907 to 31-918.
Source
Laws 1959, c. 132, § 28, p. 493;
Laws 1961, c. 138, § 11, p. 403.
Cross References
Cities and villages, classification, see sections 16-101, 17-101, and 17-201.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-929 - Drainage improvements; damages; immunity.

31-929.
Drainage improvements; damages; immunity.
Neither the county, the county board, nor the individual members thereof shall be liable for damages to or loss sustained by any lot or land owner by reason of their actions in the administration of sections 31-901 to 31-933 or for failure to function hereunder.
Source
Laws 1959, c. 132, § 29, p. 493.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-930 - County board; enjoin or restrain; when.

31-930.
County board; enjoin or restrain; when.
Sections 31-901 to 31-933 shall not prevent any lot or land owner from enjoining or restraining the board from cleaning or other actions under section 31-922 when it can be proven that such action by the board will damage such owner and no provision for reimbursement therefor has been provided, either by making said owner party to said project in the manner provided in section 31-909 or otherwise.
Source
Laws 1959, c. 132, § 30, p. 493.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-931 - Sections; supplemental effect.

31-931.
Sections; supplemental effect.
Sections 31-901 to 31-933 shall in no way interfere with or prevent the operation of any drainage district organized under the laws of this state or the construction of roads, road ditches, culverts, drains, or bridges in connection therewith but shall be supplemental and independent legislation.
Source
Laws 1959, c. 132, § 31, p. 493.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-932 - Drainage district; dissolution; right-of-way interest becomes property of county.

31-932.
Drainage district; dissolution; right-of-way interest becomes property of county.
Upon dissolution of any drainage district, the right-of-way interest of such drainage district shall pass to and become the property of the county where located. Nothing in this section shall apply to any irrigation ditch or ditches.
Source
Laws 1959, c. 132, § 32, p. 493.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1001 - Legislative findings; purpose of sections.

31-1001.
Legislative findings; purpose of sections.
(1) The Legislature finds that recurrent flooding in various areas of the state presents serious hazards to the health, safety, welfare, and property of the people of the state, both within and outside such areas. The hazards include loss of life, loss of and damage to private and public property, disruption of lives and of livelihoods, interruption of commerce, transportation, communication, and governmental services, and unsanitary and unhealthy living and environmental conditions. The wise use of land subject to flooding is a matter of state concern. The Legislature further finds that the establishment of improved flood plain management practices and the availability of financial assistance to citizens of the state whose property is damaged during times of flooding are essential to the health, safety, and general welfare of the people of Nebraska.
(2) The purposes of sections 31-1001 to 31-1023 shall be to:
(a) Accelerate the mapping of flood-prone areas;
(b) Assist local governments in the promulgation and implementation of effective flood plain management regulations and other flood plain management practices;
(c) Assure that when state lands are used and state-owned and state-financed facilities are located and constructed, flood hazards are prevented, flood losses are minimized, and the state's eligibility for flood insurance is maintained; and
(d) Encourage local governments with flood-prone areas to qualify for participation in the national flood insurance program.
Source
Laws 1983, LB 35, § 1;
Laws 1993, LB 626, § 1.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1002 - Definitions, where found.

31-1002.
Definitions, where found.
For purposes of sections 31-1001 to 31-1023, unless the context otherwise requires, the definitions in sections 31-1003 to 31-1016 shall apply.
Source
Laws 1983, LB 35, § 2;
Laws 1993, LB 626, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1006 - Drainway, defined.

31-1006.
Drainway, defined.
Drainway shall mean any depression two feet or more below the land which serves to give direction to a current of water less than nine months of the year, and which has a bed and well-defined banks.
Source
Laws 1983, LB 35, § 6.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1008 - Floodway, defined.

31-1008.
Floodway, defined.
Floodway shall mean the channel of a watercourse or drainway and the adjacent land areas that are necessary to be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a reasonable height, as designated by the department.
Source
Laws 1983, LB 35, § 8;
Laws 2000, LB 900, § 76.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1011 - Flood plain management, defined.

31-1011.
Flood plain management, defined.
Flood plain management shall mean the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, flood control works and flood plain management regulations.
Source
Laws 1983, LB 35, § 11.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1012 - Flood plain management regulations, defined.

31-1012.
Flood plain management regulations, defined.
Flood plain management regulations shall mean and include zoning ordinances, subdivision regulations, building codes, and other applications of the police power which are authorized by law to secure safety from floods and provide for the reasonable and prudent use of flood plains.
Source
Laws 1983, LB 35, § 12.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1014 - National flood insurance program, defined.

31-1014.
National flood insurance program, defined.
National flood insurance program shall mean the program authorized by the United States Congress under the National Flood Insurance Act of 1968, as amended, 42 U.S.C., 4001 to 4128.
Source
Laws 1983, LB 35, § 14.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1015 - Obstruction, defined.

31-1015.
Obstruction, defined.
Obstruction shall mean any wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, or other analogous structure or matter which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the natural flow of the water would carry such structure or matter downstream to the damage or detriment of either life or property. Obstruction shall not include a dam designed to store or divert water for which permission for construction has been obtained from the Department of Natural Resources pursuant to the Safety of Dams and Reservoirs Act.
Source
Laws 1983, LB 35, § 15;
Laws 1993, LB 626, § 3;
Laws 2000, LB 900, § 77;
Laws 2005, LB 335, § 72.
Cross References
Safety of Dams and Reservoirs Act, see section 46-1601.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1016 - Watercourse, defined.

31-1016.
Watercourse, defined.
Watercourse shall mean any depression two feet or more below the surrounding land which serves to give direction to a current of water at least nine months of the year and which has a bed and well-defined banks.
Source
Laws 1983, LB 35, § 16.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-1018 - Preparation of flood hazard data and maps; department; duties; considerations.

31-1018.
Preparation of flood hazard data and maps; department; duties; considerations.
In determining areas of the state for which state-prepared flood hazard data and maps are needed by local governments or by state or federal agencies and the order in which such data and maps are to be prepared, the department shall consider the following factors in such areas:
(1) Potential for future development;
(2) Potential for flood damage or loss of life;
(3) Probability that adequate data and maps will be prepared within a reasonable time by other sources;
(4) Availability and adequacy of any existing maps;
(5) Availability of flood data and other information necessary to produce adequate maps; and
(6) Degree of interest shown by the local governments in the area in utilizing flood data and maps in an effective flood plain management program.
Flood area data and maps produced by the department may be provided either directly to the local government which has jurisdiction over such area or indirectly through the national flood insurance program if the department and the federal agency responsible for administering the national flood insurance program agree to such an arrangement. Such maps shall delineate the flood plain of the base flood and, when information is available, the floodway and flood fringe of such flood plain. Such maps shall also contain or be accompanied by such other information as the department deems appropriate.
Source
Laws 1983, LB 35, § 18;
Laws 1993, LB 626, § 5;
Laws 2000, LB 900, § 79.