reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-137 - Drainage ditches; petition; hearing; notice.

31-137.
Drainage ditches; petition; hearing; notice.
Upon filing of the report and estimate of the surveyor in the office of the county clerk, it shall be the duty of the county board to set a day for hearing thereon, not more than forty days from the date of said filing, and to give notice by publication thereof for three weeks in some newspaper of general circulation in the county.
Source
Laws 1911, c. 141, § 3, p. 465;
R.S.1913, § 1754;
C.S.1922, § 1701;
C.S.1929, § 31-137;
R.S.1943, § 31-137.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-138 - Drainage ditches; petition; procedure; cost of improvement; how paid.

31-138.
Drainage ditches; petition; procedure; cost of improvement; how paid.
The proceedings in regard to the hearing by the county board on the petition and surveyor's report, orders of the county board, appeals, letting of contracts for cleaning ditches as provided for by sections 31-135 to 31-137, supervision thereof, assessment of cost and collection of the same shall be governed, so far as applicable, by the provisions of sections 31-101 to 31-134 relating to the original construction of ditches. Any expenses for clearing ditches and placing them in efficient condition shall be defrayed by a special tax on the lands benefited, apportioned as provided in sections 31-101 to 31-134, for the original cost of constructing the ditch or ditches.
Source
Laws 1911, c. 141, § 4, p. 465;
R.S.1913, § 1755;
C.S.1922, § 1702;
C.S.1929, § 31-138;
R.S.1943, § 31-138;
Laws 1961, c. 138, § 1, p. 396.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-139 - Drainage ditch; transfer to drainage district; petition.

31-139.
Drainage ditch; transfer to drainage district; petition.
In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134, or by any drainage district which shall have been dissolved, which benefits an area in part within or adjacent to the boundaries of a drainage district organized under Chapter 31, article 3 or 4, a petition may be filed with the county clerk, signed by at least three of the land owners within the district or the proposed district, praying that the county board cause such ditch to be transferred so as to become a part of and operated and maintained in the same manner as the ditch or ditches of a drainage district created under the provisions of Chapter 31, article 3 or 4. Such petition must bear the approval of a majority of the board of directors of such drainage district to which it is to be attached.
Source
Laws 1965, c. 155, § 1, p. 500.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-140 - Drainage ditch; transfer; hearing; notice.

31-140.
Drainage ditch; transfer; hearing; notice.
Upon the filing of such petition it shall be the duty of the county board to set a day for hearing thereon, not more than fifty days from the date of such filing and to give notice by publication thereof for one week in some newspaper of general circulation in the county and the county clerk shall mail a copy of such notice to each of the landowners benefited by such ditch, as shown by the records of the office of the county treasurer, not less than ten days before such hearing.
Source
Laws 1965, c. 155, § 2, p. 501.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-141 - Drainage ditch; transfer; hearing; findings.

31-141.
Drainage ditch; transfer; hearing; findings.
The county board may, after public hearing on the petition, thereupon change the boundaries of the original drainage district organized under the provisions of Chapter 31, article 3 or 4, so as to include the area benefited by the drainage ditch constructed under the provisions of sections 31-101 to 31-134, or by the drainage district which has been dissolved;
Provided,
that the county board shall first find and determine that such change of boundaries is just and will be conducive to the public health, convenience or welfare.
Source
Laws 1965, c. 155, § 3, p. 501.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-142 - Drainage ditch; transfer; powers of drainage district.

31-142.
Drainage ditch; transfer; powers of drainage district.
Upon the inclusion of any drainage ditch constructed under the provisions of sections 31-101 to 31-134, or of any drainage district which shall have been dissolved, which benefits an area in part within or adjacent to the boundaries of a drainage district organized under the provisions of Chapter 31, article 3 or 4, the board of directors of the district to which such transfer shall have been made shall operate and maintain the ditch so transferred in the same manner as the ditches originally constructed by such district and shall have the power to levy taxes upon the lands benefited thereby in the same manner as in the case of the ditch or ditches constructed by such district.
Source
Laws 1965, c. 155, § 4, p. 501.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-202.01 - Watercourses; obstructions; power of county board.

31-202.01.
Watercourses; obstructions; power of county board.
In all counties the county board shall have the power to cause all natural watercourses to be kept clean and free of obstructions.
Source
Laws 1951, c. 95, § 1, p. 263;
Laws 1969, c. 246, § 1, p. 904.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-202.02 - Watercourses; obstructions; petition by landowners.

31-202.02.
Watercourses; obstructions; petition by landowners.
Whenever any natural watercourse in a county 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 such county abutting on the natural watercourse may, by petition, request the county board to cause same to be cleaned out and rendered free of obstructions.
Source
Laws 1951, c. 95, § 2, p. 263;
Laws 1972, LB 1053, § 1.
Annotations
Under the facts in this case, the depression or draw involved does not qualify as a watercourse as defined in this section. Peters v. Langrehr, 188 Neb. 480, 197 N.W.2d 698 (1972).
Where springs are source of definite watercourse, owner of land does not have exclusive right to control and use. Brummund v. Vogel, 184 Neb. 415, 168 N.W.2d 24 (1969).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-202.03 - Watercourses; obstructions; cost; special assessment.

31-202.03.
Watercourses; obstructions; cost; special assessment.
The county board, upon receipt of a request pursuant to section 31-202.02, may, if the board finds natural flow is being obstructed, cause the natural watercourse to be cleaned out. The cost thereof shall 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 for drainage improvements under sections 31-121 to 31-124.
Source
Laws 1951, c. 95, § 3, p. 264;
Laws 1972, LB 1053, § 2;
Laws 2015, LB361, § 49.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-203 - Drainage supervisors, county board act as; powers.

31-203.
Drainage supervisors, county board act as; powers.
The members of the county board shall be the drainage supervisors in and for their respective counties, and as such shall be a body politic and corporate, and shall be the corporate authorities of all the drainage districts within their respective counties.
Source
Laws 1911, c. 142, § 3, p. 467;
R.S.1913, § 1773;
C.S.1922, § 1720;
C.S.1929, § 31-303;
R.S.1943, § 31-203.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-204 - Drains or ditches; petition for construction or maintenance; bond for costs and expenses.

31-204.
Drains or ditches; petition for construction or maintenance; bond for costs and expenses.
Any person or persons desiring the construction of any drain or drains, ditch or ditches, or the repair and maintenance of the same, may file a petition with the county board, accompanied with a good and sufficient bond, to be approved by such board, conditioned to pay all costs and expenses of a surveyor or engineer in surveying the proposed ditch or drain and the land affected thereby as hereinafter provided, in case such ditch or drain shall not be deemed necessary for the public welfare, or for agricultural or sanitary purposes, by said board of drainage supervisors.
Source
Laws 1911, c. 142, § 4, p. 467;
R.S.1913, § 1774;
C.S.1922, § 1721;
C.S.1929, § 31-304;
R.S.1943, § 31-204.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-205 - Drains or ditches; petition; contents.

31-205.
Drains or ditches; petition; contents.
The petition shall set forth a description of the ditch or ditches, drain or drains, stating the boundaries of the ditch or drain, giving the number of sections or fractional parts thereof, and stating that the proposed drain or ditch shall empty into a watercourse or depression or draw whereby the water flowing therein will be carried into a natural watercourse; and that such drain or ditch is necessary for agricultural or sanitary purposes, and that it will be conducive to the public welfare.
Source
Laws 1911, c. 142, § 5, p. 467;
R.S.1913, § 1775;
C.S.1922, § 1722;
C.S.1929, § 31-305;
R.S.1943, § 31-205.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-206 - Drains or ditches; survey; estimates.

31-206.
Drains or ditches; survey; estimates.
Whenever the petition and bond as provided for in sections 31-204 and 31-205 have been filed with the county board and the bond approved by it, the board shall cause said ditch or ditches, drain or drains, and the lands or lots affected thereby to be surveyed, and may for this purpose, in its discretion, employ a civil engineer or surveyor, other than the county surveyor. Such surveyor or civil engineer shall proceed to make such survey and estimates as the board may direct, and shall make and return to the board a map or plat of his or their survey and a full report of all estimates so required of him or them by the board.
Source
Laws 1911, c. 142, § 6, p. 467;
R.S.1913, § 1776;
C.S.1922, § 1723;
C.S.1929, § 31-306;
R.S.1943, § 31-206.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-207 - Drains or ditches; notice of hearing on petition; contents; service.

31-207.
Drains or ditches; notice of hearing on petition; contents; service.
Upon the filing and examination of the report of the surveyor or civil engineer as provided in section 31-206, the county board shall examine the same and, if it finds that the ditch or ditches, drain or drains, is or are necessary for agricultural or sanitary purposes, that they will be conducive to the public welfare, and that the benefits to be derived therefrom will equal or exceed the cost of procuring the right-of-way therefor and the expense of constructing the same, the board shall cause the county clerk to notify all landowners whose lands or lots may be damaged, taken, affected or crossed by such ditch or drain at least five days prior to the day set for hearing said matter. Such notice shall be given in writing by personal service, or by a copy thereof being left at the usual place of residence of the owner or owners of said lands or lots, if the owner or owners of the lands or lots are residents of the county, the notice to be served by the sheriff of the county, unless the owner or owners of the lands or lots shall in writing accept service thereof. If the owner or owners of such lands or lots are nonresidents of the county, then the notice shall be published once each week for three successive weeks in some newspaper published and of general circulation in the county, and if no newspaper is published in the county, such notice shall be published in some newspaper having a general circulation therein. The board shall also cause a notice to be served upon the occupant or occupants or agents, if any, of the lands or lots belonging to any nonresident owner or owners. The notice shall state the time and place when all matters relating to such ditch or drain will be heard, the land affected thereby, and the time of the appointment of the appraisers as hereinafter provided.
Source
Laws 1911, c. 142, § 7, p. 468;
R.S.1913, § 1777;
C.S.1922, § 1724;
C.S.1929, § 31-307;
R.S.1943, § 31-207.
Annotations
Word landowner embraces mortgagees of record and notice must be given to them of proposed organization of drainage district under this article before special assessments levied against land can become liens superior to their liens. Board of Commissioners of Hamilton County v. Northwestern Mut. Life Ins. Co., 114 Neb. 596, 209 N.W. 256 (1926).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-208 - Drains or ditches; appraisers; appointment.

31-208.
Drains or ditches; appraisers; appointment.
At the time and place fixed in the notice as provided in section 31-207, the county board may again consider the question of public utility, if requested so to do by any interested party, and may also consider the advisability of such improvements, although it be found to be of public utility, and if no reconsideration is had on the question of public utility, and upon such hearing the construction of such improvements is deemed advisable, the board shall proceed to appoint three disinterested freeholders, residents of the county, who shall act as appraisers for that particular case.
Source
Laws 1911, c. 142, § 8, p. 469;
R.S.1913, § 1778;
C.S.1922, § 1725;
C.S.1929, § 31-308;
R.S.1943, § 31-208.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-209 - Drains or ditches; appraisers; oath; procuring right-of-way.

31-209.
Drains or ditches; appraisers; oath; procuring right-of-way.
The appraisers shall first take and subscribe to an oath to well and truly perform the duties required of them as such appraisers, and they shall then proceed to procure the right-of-way for the ditch or ditches, drain or drains, from the owner or owners of the lands or lots which may be crossed by such ditch or drain so far as they may be able so to do by agreement with the owners, which release or releases of the right-of-way shall be in writing and duly acknowledged by the grantor or grantors, and shall upon consideration thereof and upon confirmation of the acts of the appraisers by the county board, be a perpetual bar to all claims for damages by the grantor or grantors, or their assigns, on account of the construction of such ditch or ditches, drain or drains. Such release or releases shall be filed and recorded in the office of the county clerk or register of deeds in and for the county in which said lands or lots are situated.
Source
Laws 1911, c. 142, § 8, p. 469;
R.S.1913, § 1779;
C.S.1922, § 1726;
C.S.1929, § 31-309;
R.S.1943, § 31-209.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-210 - Drains or ditches; failure of mutual agreement; right of eminent domain; procedure.

31-210.
Drains or ditches; failure of mutual agreement; right of eminent domain; procedure.
If the appraisers shall for any reason fail to procure the right-of-way for the proposed ditch or ditches, drain or drains, from any of the owners of the land crossed thereby, by a mutual agreement with such owners, the county board may acquire same by the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1911, c. 142, § 9, p. 469;
R.S.1913, § 1780;
C.S.1922, § 1727;
C.S.1929, § 31-310;
R.S.1943, § 31-210;
Laws 1951, c. 101, § 71, p. 479;
Laws 1961, c. 138, § 2, p. 396.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-211 - Drains or ditches; appraisal; costs; damages; assessments.

31-211.
Drains or ditches; appraisal; costs; damages; assessments.
The appraisers shall ascertain as nearly as may be the actual cost of construction of the ditch or ditches, drain or drains, together with all costs relating thereto, including the costs of the surveyor and engineer and the costs of appraisement and advertising, and shall ascertain to the best of their judgment the amount of the benefits which will accrue to each tract of land to be benefited thereby, and shall appraise and determine the amount of damage sustained by each landowner whose premises may be crossed by the proposed ditch or drain and award the same, and shall assess to each tract of land benefited by the construction of such improvements, its proportionate share of the costs of the right-of-way thereof, the costs of construction and other expenses above mentioned. They shall thereupon make and file with the county clerk a full and complete report of their acts and doings in the premises, together with the releases obtained from the property owners along the right-of-way of the proposed ditch or drain, and a statement of the amount or amounts to be paid for such release or releases. They shall also file an assessment roll therewith in which shall appear in proper columns the names of the owners, if known, and if unknown so stated, a description of the premises affected, the number of acres in each tract of land so affected and the value thereof, and if damages are allowed, the amount of the same, and if benefits are assessed the amount thereof.
Source
Laws 1911, c. 142, § 10, p. 470;
R.S.1913, § 1781;
C.S.1922, § 1728;
C.S.1929, § 31-311;
R.S.1943, § 31-211.
Annotations
Where notice to mortgagee was not given, lien of special assessments was subject to lien of the mortgage. Board of Commissioners of Hamilton County v. Northwestern Mut. Life Ins. Co., 114 Neb. 596, 209 N.W. 256 (1926).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-212 - Drains or ditches; highway benefits; assessment to county or township.

31-212.
Drains or ditches; highway benefits; assessment to county or township.
In case the public highways shall be benefited by the construction of such proposed ditch or ditches, drain or drains, the appraisers shall determine as nearly as may be the amount of such benefits so accruing to the township or county, as the case may be, and said township or county shall pay such pro rata share of the costs and expenses of the construction of the ditch or ditches, drain or drains.
Source
Laws 1911, c. 142, § 11, p. 471;
R.S.1913, § 1782;
C.S.1922, § 1729;
C.S.1929, § 31-312;
R.S.1943, § 31-212.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-213 - Drains or ditches; appraisers; report; assessment roll; when filed; confirmation.

31-213.
Drains or ditches; appraisers; report; assessment roll; when filed; confirmation.
The appraisers shall within twenty days from the date of their appointment file their report and assessment roll with the county clerk, and any person or persons or corporation owning land affected by the proceedings may, within thirty days from the date of the appointment of the appraisers, file with the county clerk objections to the report or assessment roll, or settlement made by the appraisers on any point, including the amount or amounts proposed to be paid for voluntary releases. If no objections are filed to the report and assessment roll, the county board at its next regular or adjourned session after the expiration of the time for filing objections, shall, if deemed advisable, confirm such report and assessment roll.
Source
Laws 1911, c. 142, § 12, p. 471;
R.S.1913, § 1783;
C.S.1922, § 1730;
C.S.1929, § 31-313;
R.S.1943, § 31-213.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-214 - Drains or ditches; report; assessment roll; notice of objections.

31-214.
Drains or ditches; report; assessment roll; notice of objections.
If objections are filed to any matter contained in the report or assessment roll, the county clerk shall thereupon issue a notice to all interested parties concerned therein, which notice shall be served upon such parties, if residents of the county, at least three days prior to the consideration of the matter by the county board, and if the interested parties are nonresidents, notice shall be published, in one issue of the official newspaper published and of general circulation in the county, at least ten days prior to the day when the matter will be heard by the county board.
Source
Laws 1911, c. 142, § 12, p. 471;
R.S.1913, § 1784;
C.S.1922, § 1731;
C.S.1929, § 31-314;
R.S.1943, § 31-214.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-215 - Drains or ditches; report; assessment roll; hearing on objections; procedure.

31-215.
Drains or ditches; report; assessment roll; hearing on objections; procedure.
At the time fixed in the notice, or on any adjourned day thereafter, the board shall proceed to hear and determine all matters in relation to the objections, and for that purpose may take the sworn testimony of witnesses produced by interested parties to the controversy and may in its discretion change the amount of the assessment made, and the damages awarded by the appraisers.
Source
Laws 1911, c. 142, § 12, p. 471;
R.S.1913, § 1785;
C.S.1922, § 1732;
C.S.1929, § 31-315;
R.S.1943, § 31-215.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-306 - First board of supervisors; election; number; basis of representation; succeeding boards, how chosen.

31-306.
First board of supervisors; election; number; basis of representation; succeeding boards, how chosen.
Within thirty days after the district court shall have declared any drainage district organized, the clerk of the court shall, upon fifteen days' notice, call a meeting of the owners of the real estate situated in the district, at the day and hour specified, in some public place in the county in which the district was organized, for the purpose of electing a board of five supervisors to be composed of owners of real estate in the district and a majority of whom shall be residents of the county or counties in which such district is situated. At such election every acre of land shall represent one share and each owner shall be entitled to one vote for every acre of land owned by him in such district. The five persons receiving the highest number of votes shall be declared elected as supervisors, and they shall immediately, by lot, determine their terms of office, which shall be respectively, one, two, three, four and five years, and until their successors are elected and qualified;
Provided, however,
at any time thereafter not more often than once in twelve months, upon the petition of the owners of at least twenty percent of the land acreage within the drainage district, an election shall be called for the selection of a new board, and upon the filing of such petitions with the secretary of the board, notice of such election shall be given by the secretary in the same manner and for the same time as is provided for at the original election under the notice given by the clerk of the district court. Special elections shall in all respects be governed by the provisions applicable to the regular election herein provided for.
Source
Laws 1905, c. 161, § 5, p. 613;
Laws 1907, c. 152, § 1, p. 466;
Laws 1911, c. 144, § 1, p. 476;
R.S.1913, § 1801;
C.S.1922, § 1748;
C.S.1929, § 31-405;
R.S.1943, § 31-306.
Annotations
Objections that subject of amendment was not referred to in original act, and not germane thereto, were not valid after inclusion in statutory revisions. Lost Creek Drainage Dist. v. Kring, 193 Neb. 450, 227 N.W.2d 421 (1975).
Where no resident owner signed the petition, court is justified in denying organization. Catron v. Dailey, 84 Neb. 487, 121 N.W. 462 (1909).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-307 - Supervisors; annual elections; notice.

31-307.
Supervisors; annual elections; notice.
Every year after the election of the first board of supervisors, at such time and place in the county in which the district was organized as the board of supervisors may designate, and upon not less than fifteen days' notice, unless waived in writing, such owners shall meet and elect one supervisor in the same manner as provided in section 31-306, who shall hold his office for five years and until his successor is elected and qualified. Notice may be given by personal service or by publication for two weeks in a newspaper in each county in the district and of general circulation therein, which notice shall be sufficient if it notifies the landowners of the district without naming them individually, of the time, place, and purpose of the meeting. The secretary of the board shall mail to the last-known post office address of each owner of land in the district a copy of a published notice. In case of a vacancy in any office of supervisor, the remaining supervisors may fill such vacancy until the next annual election when a successor shall be elected for the unexpired term.
Source
Laws 1905, c. 161, § 6, p. 613;
Laws 1907, c. 152, § 2, p. 467;
R.S.1913, § 1802;
C.S.1922, § 1749;
C.S.1929, § 31-406;
R.S.1943, § 31-307.
Annotations
Objections that subject of amendment was not referred to in title to original act, and not germane thereto, were not valid after inclusion in statutory revisions. Lost Creek Drainage Dist. v. Kring, 193 Neb. 450, 227 N.W.2d 421 (1975).