reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-281 - Town; change of name; procedure.

23-281.
Town; change of name; procedure.
Whenever the county board shall create a new town or change the name of an existing town, the proceedings in giving a name to such new town or changing the name of an existing town, shall be as follows: The proposed name to be given to such new town, or existing town, shall be filed in the office of the Auditor of Public Accounts, there to be retained for at least one year; and the auditor, at any time after the filing of such proposed name, shall, upon application of the board, grant his certificate stating that such proposed name, from information appearing in his office, has not been adopted by any city, town, village or municipal corporation in this state. This certificate must be obtained by the board before any action whatever shall be taken by the board toward making such change of name; and all proceedings instituted in any court or other place, under a name changed, without complying with the provisions of this section, shall be held to be void and of no effect. If such name has been adopted elsewhere in this state, the Auditor of Public Accounts shall so notify the board, whereupon another name shall be filed in his office, which shall there remain in a like manner as hereinbefore provided, and the certificate shall be issued by the auditor immediately after such filing, stating that such name has not been elsewhere adopted; whereupon the board may proceed to make such change of name, and not before. All proceedings pending, and all rights and privileges acquired in the name of such town, by such town, or by any person residing therein, shall be secured to such town or person, and such proceedings continued to final consummation in such name, the same as though the same had not been changed.
Source
Laws 1879, § 72, p. 373;
R.S.1913, § 1073;
C.S.1922, § 975;
C.S.1929, § 26-289;
R.S.1943, § 23-281.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-292 - Township organization; how discontinued.

23-292.
Township organization; how discontinued.
Any county which has township organization shall discontinue the same whenever the majority of the registered voters of the county voting on the question of such discontinuance so decide in the manner provided in sections 23-293 to 23-295.
Source
Laws 1885, c. 43, § 1, p. 235;
R.S.1913, § 1056;
C.S.1922, § 958;
C.S.1929, § 26-272;
R.S.1943, § 23-292;
Laws 2008, LB269, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-293 - Township organization; discontinuance; procedure.

23-293.
Township organization; discontinuance; procedure.
(1) In counties under township organization, a registered voter may file a petition or petitions for submission of the question of the discontinuance of township organization to the registered voters of the county. The petition or petitions shall be signed by registered voters equal in number to five percent of the voters registered in the county at the preceding statewide general election. The petition or petitions shall be filed in the office of the election commissioner or county clerk by September 1 of the year of the general election at which the petitioners wish to have the question submitted for a vote. If such petition or petitions are filed in conformance with this subsection, the question shall be submitted to the registered voters at the next general election held after the filing of the petition or petitions.
(2) In counties under township organization, the county board may, by a resolution supported by a majority of the county board, submit the question of discontinuance of township organization to the registered voters of the county. If such resolution is filed in the office of the election commissioner or county clerk by September 1 of the year of the general election at which the board wishes to have the question submitted for a vote, the question shall be submitted to the registered voters at the next general election held after the filing of the resolution.
(3) A petition or county board resolution for discontinuance of township organization shall specify whether the county board of commissioners to be formed pursuant to section 23-151 will have five or seven members and that reorganization as a county board of commissioners will be effective at the expiration of the supervisors' terms of office in January of the third calendar year following the election to discontinue township organization.
Source
Laws 1885, c. 43, § 2, p. 236;
Laws 1895, c. 29, § 1, p. 154;
R.S.1913, § 1057;
C.S.1922, § 959;
C.S.1929, § 26-273;
R.S.1943, § 23-293;
Laws 1973, LB 75, § 18;
Laws 1985, LB 422, § 1;
Laws 2008, LB269, § 6;
Laws 2019, LB411, § 26.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-294 - Township organization; discontinuance; election; ballot; form.

23-294.
Township organization; discontinuance; election; ballot; form.
(1) If the petition or county board resolution to discontinue township organization specifies a five-member county board of commissioners pursuant to section 23-293, the questions on the ballot shall be respectively: For discontinuance of township organization and creation of a five-member county board of commissioners; or Against changing to a commissioner form of county government.
(2) If the petition or county board resolution to discontinue township organization specifies a seven-member county board of commissioners pursuant to section 23-293, the questions on the ballot shall be respectively: For discontinuance of township organization and creation of a seven-member county board of commissioners; or Against changing to a commissioner form of county government.
(3) Elections shall be conducted regarding discontinuance of township organization as provided in the Election Act.
Source
Laws 1885, c. 43, § 3, p. 236;
R.S.1913, § 1058;
C.S.1922, § 960;
C.S.1929, § 26-274;
R.S.1943, § 23-294;
Laws 2008, LB269, § 7;
Laws 2009, LB434, § 2.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-295 - Township organization; discontinuance; when effective.

23-295.
Township organization; discontinuance; when effective.
If a majority of the votes cast on the question are for the discontinuance of township organization, then such organization shall cease to exist effective at the expiration of the supervisors' terms of office in January of the third calendar year following such election.
Source
Laws 1885, c. 43, § 4, p. 236;
R.S.1913, § 1059;
C.S.1922, § 961;
C.S.1929, § 26-275;
R.S.1943, § 23-295;
Laws 2008, LB269, § 8;
Laws 2009, LB434, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-296 - Township organization; cessation; establishment of commissioner system.

23-296.
Township organization; cessation; establishment of commissioner system.
When township organization ceases in any county as provided by sections 23-292 to 23-295, a commissioner system shall be established. The county board of commissioners shall have five or seven members as specified in the petition or county board resolution pursuant to section 23-293.
Source
Laws 1885, c. 43, § 5, p. 236;
R.S.1913, § 1060;
C.S.1922, § 962;
C.S.1929, § 26-276;
R.S.1943, § 23-296;
Laws 1945, c. 42, § 2, p. 203;
Laws 2008, LB269, § 9.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-297 - Commissioner system creation; districts; elected members; how treated.

23-297.
Commissioner system creation; districts; elected members; how treated.
(1) If the voters vote for creation of a seven-member county board of commissioners, the commissioner districts shall be the same districts as the former supervisor districts unless changed at a later date as provided by section 23-149 and the supervisors whose terms have not expired on the effective date of the reorganization prescribed in section 23-293 shall continue in office as commissioners for the remainder of their unexpired terms.
(2)(a) If the voters vote for creation of a five-member county board of commissioners, the county clerk, county treasurer, and county attorney shall meet on the first Saturday after the first Tuesday of January following such election and redistrict the county into five commissioner districts with substantially equal population. Such redistricting shall be completed within thirty days after such initial meeting and shall specify where necessary the newly established districts which the members will serve for the balance of the unexpired terms as designated in subdivision (b) of this subsection. The newly established districts will not be effective until the effective date of the reorganization prescribed in section 23-293 except for purposes of being nominated and elected for office from such districts.
(b)(i) If three members of the county board of supervisors were elected for four-year terms at the election to create a five-member county board of commissioners, each such supervisor shall serve two of such years as a supervisor and two of such years as a commissioner representing the newly established districts as designated under subdivision (a) of this subsection and two commissioners shall be elected for four-year terms from the newly established districts at the next general election.
(ii) If four members of the county board of supervisors were elected for four-year terms at the election to create a five-member county board of commissioners, the three of such supervisors receiving the most votes at such election shall serve two of such years as a supervisor and two of such years as a commissioner representing the newly established districts as designated under subdivision (a) of this subsection, the fourth of such supervisors shall serve a term of two years as a supervisor, and two commissioners shall be elected for four-year terms from the newly established districts at the next general election.
Source
Laws 1885, c. 43, § 6, p. 237;
R.S.1913, § 1061;
C.S.1922, § 963;
C.S.1929, § 26-277;
R.S.1943, § 23-297;
Laws 1945, c. 42, § 3, p. 203;
Laws 1979, LB 331, § 7;
Laws 2008, LB269, § 10.
Annotations
Appointments will not be enjoined on account of irregularities in election, as quo warranto is the proper remedy. Fort v. Thompson, 49 Neb. 772, 69 N.W. 110 (1896).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-298 - Township organization; cessation; commissioners; succeed supervisors.

23-298.
Township organization; cessation; commissioners; succeed supervisors.
The board of county commissioners, as herein provided, shall be the legal successor of the board of supervisors in said county. Such board shall thereafter be governed by the laws that shall govern counties not under township organization, and in the same manner that said county would have been governed had not such organization been adopted.
Source
Laws 1885, c. 43, § 7, p. 237;
R.S.1913, § 1062;
C.S.1922, § 964;
C.S.1929, § 26-278;
R.S.1943, § 23-298;
Laws 1945, c. 42, § 4, p. 204.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-299 - Township organization; cessation; town records; indebtedness and unexpended balances; how discharged; township library; disposition.

23-299.
Township organization; cessation; town records; indebtedness and unexpended balances; how discharged; township library; disposition.
(1) If township organization is discontinued in any county, the town clerk in each town in such county, as soon as the county board is qualified pursuant to section 23-297, shall deposit with the county clerk of the county all town records, papers, and documents pertaining to the affairs of such town and certify to the county clerk the amount of indebtedness of such town outstanding at the time of such discontinuance. The county board shall have full and complete power to settle all the unfinished business of the town as fully as might have been done by the town itself and to dispose of any and all property belonging to such town, the proceeds of which, after paying all indebtedness, shall be disposed of by the county board for the benefit of the taxable inhabitants thereof by such board crediting all unexpended balances of the town to the district road fund and in no other manner. The county board, at such time as provided by law, shall levy a tax upon the taxable property of such town to pay any unliquidated indebtedness it may have outstanding.
(2) If township organization is discontinued in any county with a township library, the county board shall hold a public hearing to determine if the township library shall (a) be disposed of, (b) merge with a city, village, or county library, or (c) continue operation. Such public hearing shall occur within one year after voters have approved the discontinuance of township organization. Notice of such hearing shall be published for two consecutive weeks in a newspaper of general circulation in the county. At the same time notice is first published, the county board shall provide notice of such hearing to the Nebraska Library Commission and the regional library system for the region in which the township library is located. No later than sixty days following such hearing, the county board shall adopt a resolution stating the disposition of the library and the effective date of such disposition prior to the discontinuance of township operation.
Source
Laws 1885, c. 43, § 8, p. 237;
R.S.1913, § 1063;
C.S.1922, § 965;
C.S.1929, § 26-279;
R.S.1943, § 23-299;
Laws 1945, c. 42, § 5, p. 204;
Laws 2008, LB269, § 11;
Laws 2022, LB75, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-301 - County resurvey; petition; contents; election.

23-301.
County resurvey; petition; contents; election.
Upon petition filed with the county clerk of any county, signed by twenty percent of the qualified voters of said county as shown by the last preceding election and praying the county board to submit the proposition of ordering a resurvey, in whole or in part, of said county for the purpose of reestablishing the original corners of the United States survey, it shall be the duty of the county board to submit to the voters of the county at the next general election, or a special election, the question whether such resurvey shall be ordered;
Provided,
upon a like petition signed by twenty percent of the voters of any township or townships in said county, according to the government survey thereof, praying for the submission of a like proposition to the voters of said township or townships, it shall be the duty of the county board in like manner to submit the question at the next general election, or a special election, whether a resurvey shall be ordered in said township or townships. In every case the petition shall set forth in brief form the extent of the resurvey desired and whether it shall be of the township and county lines, or of the county, township and sectional lines, and an estimate as near as may be by the county surveyor of the probable expense of said resurvey. This statement and estimate shall be placed upon the official ballot with the following words thereafter: For resurvey proposition, and Against resurvey proposition.
Source
Laws 1909, c. 36, § 1, p. 219;
Laws 1913, c. 153, § 1, p. 392;
R.S.1913, § 1108;
C.S.1922, § 1042;
C.S.1929, § 26-736;
R.S.1943, § 23-301.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-302 - County resurvey; election; canvass of votes.

23-302.
County resurvey; election; canvass of votes.
The vote on the proposition shall be canvassed in the same manner as the vote on county officers. If a majority of the votes upon said proposition shall be in favor of the same, the county board shall within thirty days notify the Board of Educational Lands and Funds who shall require such resurvey to be made under its instructions by such competent deputy state surveyor as it shall appoint, assisted by the county surveyor of the county wherein the work is to be done, and according to the laws governing surveys by the State Surveyor and deputy state surveyors. Such surveys shall be made in accordance with the laws of the United States and the rules and regulations of the United States Department of Interior, Bureau of Land Management, governing the restoration of lost and obliterated corners and the specifications and instructions of the Board of Educational Lands and Funds. The field notes and plats of said resurvey shall be made in the manner and form prescribed by the Bureau of Land Management for the return of field notes and maps of United States surveys, and shall be filed in the office of the county clerk of the county where the work is done and duplicate copies filed in the office of the Board of Educational Lands and Funds at Lincoln, Nebraska, before being paid for;
Provided,
when any integral part of said resurvey is completed upon filing proof of its completion together with plats and field notes for the same approved as provided by law, the county board may allow payment for the part so completed.
Source
Laws 1909, c. 36, § 2, p. 220;
R.S.1913, § 1109;
Laws 1921, c. 84, § 1, p. 301;
C.S.1922, § 1043;
C.S.1929, § 26-737;
R.S.1943, § 23-302;
Laws 1982, LB 127, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-303 - County resurvey; cost; tax; bonds; submission to voters.

23-303.
County resurvey; cost; tax; bonds; submission to voters.
In case the question of said resurvey has been submitted to the voters of the entire county, the cost of said resurvey may be paid out of the county general fund in case there is money there available for that purpose. If not, the cost may be provided for by an issue of bonds or special tax levy, in which case the proposition for bonds or special tax levy shall be submitted to the voters as a part of the resurvey proposition;
Provided,
when a proposition for resurvey has already been submitted to the voters of a county, and a majority have voted in favor of such proposition, it shall be legal for the county board to proceed to make contract for such resurvey in accordance with the provisions of sections 23-301 to 23-303 providing for such contract;
provided further,
in case the question has been submitted to the voters of any one or more governmental townships of any county under the provisions of section 23-301, and a majority have voted in favor of such proposition, the cost of said resurvey may be paid out of the general fund and said fund may be reimbursed the amount of such expenditure by the assessment of a special tax by the county board of such county equally apportioning the cost of such resurvey upon the area of all real estate in such governmental township or townships according to the acreage in each tract as shown by the original United States survey thereof, and including in addition thereto any accreted lands to such original United States survey as may be shown by the resurvey herein provided.
Source
Laws 1909, c. 36, § 3, p. 221;
Laws 1913, c. 153, § 1, p. 392;
R.S.1913, § 1110;
C.S.1922, § 1044;
C.S.1929, § 26-738;
R.S.1943, § 23-303.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-304 - Irregular tracts of land; survey.

23-304.
Irregular tracts of land; survey.
It shall be the duty of the county board of each organized county in the State of Nebraska to cause to be surveyed, by a competent surveyor, all irregular subdivided tracts or lots of land, other than regular government subdivisions, and cause the same to be platted on a scale of not less than ten inches to the mile;
Provided, however,
where any county has in its possession the correct field notes of any such tract or lot of land, a new survey shall not be necessary, but such tracts may be mapped from such field notes.
Source
Laws 1879, § 142, p. 390;
R.S.1913, § 1084;
C.S.1922, § 1009;
C.S.1929, § 26-701;
R.S.1943, § 23-304.
Annotations
Designation of an irregular tract as a certain numbered tax lot meets all requirements for describing irregular tracts, where plat is prepared and filed hereunder showing descriptions corresponding to the tax lot. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-305 - Irregular tracts of land; survey; maps.

23-305.
Irregular tracts of land; survey; maps.
The board shall cause duplicate maps to be made, on which said tracts or lots of land shall be accurately described by lines and numbered from one up to the highest number of such tracts in each section, which numbers together with the number of the section, town and range, shall be distinctly marked. One of said maps shall be conspicuously hung in the office of the county clerk and the other in the office of the county treasurer.
Source
Laws 1879, § 143, p. 390;
R.S.1913, § 1085;
C.S.1922, § 1010;
C.S.1929, § 26-702;
R.S.1943, § 23-305.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-306 - Irregular tracts of land; survey; field notes; record.

23-306.
Irregular tracts of land; survey; field notes; record.
The board shall also cause to be entered in duplicate, in suitable books to be provided for that purpose, the field notes of all such tracts of land within their respective counties, wherein shall be described each tract according to survey, and each tract shall be therein numbered to correspond with its number on the maps. One of such books of field notes shall be filed in the office of the county clerk, and the other in the office of the county treasurer.
Source
Laws 1879, § 144, p. 390;
R.S.1913, § 1086;
C.S.1922, § 1011;
C.S.1929, § 26-703;
R.S.1943, § 23-306.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-307 - Irregular tracts of land; legal description.

23-307.
Irregular tracts of land; legal description.
When the maps and books of field notes shall be filed as hereinbefore provided, the description of any tract or lot of land described in said maps, by number, section, town and range, shall be a sufficient and legal description thereof for revenue and all other purposes.
Source
Laws 1879, § 145, p. 391;
R.S.1913, § 1087;
C.S.1922, § 1012;
C.S.1929, § 26-704;
R.S.1943, § 23-307.
Annotations
To prove title to lots numbered for taxation purposes because they are irregular, an owner must present evidence of the survey maps and books of field notes. Vogel v. Bartels, 1 Neb. App. 1113, 510 N.W.2d 529 (1993).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-308 - Watercourses; diversion of channel; dams and dikes; when authorized.

23-308.
Watercourses; diversion of channel; dams and dikes; when authorized.
Whenever any portion of a county exceeding three hundred and twenty acres in amount is put in peril of destruction by reason of the probable diversion of the channel of any river or watercourse, and whenever a petition stating such fact, signed by twenty freeholders in the precinct, is filed with the county board of such county, it shall be the duty of the county board to view said premises within the succeeding thirty days, and if upon actual view it shall appear that a portion of the county exceeding three hundred and twenty acres is in actual peril of destruction, it may cause to be built any dam, embankment or dike, or aid to such an extent as it may deem proper in the building of any dam, embankment or dike that it may deem necessary for the protection of said land. The amount expended toward such improvements shall be paid out of the general fund of the county.
Source
Laws 1885, c. 38, § 1, p. 213;
R.S.1913, § 1103;
C.S.1922, § 1025;
C.S.1929, § 26-719;
R.S.1943, § 23-308.
Cross References
For safety regulations relating to dams and reservoirs, see the Safety of Dams and Reservoirs Act, section 46-1601.
Annotations
Where middle of stream is boundary, the line follows any gradual change in course of stream unless change is sudden. Nebraska v. Iowa, 145 U.S. 519 (1892).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-309 - Levees; dikes; construction; when authorized.

23-309.
Levees; dikes; construction; when authorized.
The supervisors or board of county commissioners of any county in this state shall have the power, as hereinafter provided, to construct, establish or cause to be constructed and established any levee, dike, bank protection or current control in any river or stream wholly within or bordering on the respective counties, and to provide for the maintenance of the same, whenever such project shall be conducive to the public health, convenience, welfare or safety, which purpose shall or may include the protection of lands or property from overflow, wash or bank erosion.
Source
Laws 1921, c. 269, § 1, p. 893;
C.S.1922, § 1026;
C.S.1929, § 26-720;
R.S.1943, § 23-309.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-310 - Levees; dikes; petition of landowners; contents; filing.

23-310.
Levees; dikes; petition of landowners; contents; filing.
Such board of supervisors or county commissioners shall act only upon a written petition signed by the owners of the majority of the land likely to be affected by the proposed levee, dike, bank protection or current control. The petition shall set forth the necessity for the levee, dike, bank protection or current control, a description of its proposed location, and a general statement of the territory likely to be benefited or affected thereby. The petition shall be accompanied by a bond with sufficient surety or sureties to be approved by the county clerk of said county, conditioned to pay all expenses incurred in case the board does not grant the petition. Such petition may be presented at any regular or special meeting of the board and if sufficient in form the board shall order the same to be filed with the county clerk of said county.
Source
Laws 1921, c. 269, § 2, p. 893;
C.S.1922, § 1027;
C.S.1929, § 26-721;
R.S.1943, § 23-310.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-311 - Levees; dikes; site; surveys and reports; duty of engineer.

23-311.
Levees; dikes; site; surveys and reports; duty of engineer.
It shall be the duty of such board to act promptly upon all such petitions. Upon the filing of the petition with the county clerk, as provided in section 23-310, the county clerk shall transmit a copy thereof to a competent engineer to be selected by the board, who, together with the board of county commissioners or supervisors, shall, as soon as practicable, inspect the proposed locations. If in the opinion of such board and the engineer such levee, dike, bank protection or current control is necessary or advisable, the board shall cause a survey of the proposed project to be made by such engineer, as herein provided. Such survey shall be primarily for the purpose of aiding the board in determining the necessity or advisability of constructing such project, but shall be a complete survey such as will be required for assessment of its costs. Such survey may extend to other lands than those affected by the proposed project for the purpose of determining the best practical method of protecting an area greater than the originally proposed territory. For the purpose of inspection or surveys the county commissioners, board of supervisors, surveyors, engineers, or their employees may enter upon any lands within the proposed territory, or upon any lands which in their judgment are likely to be affected by the proposed project. The surveyor or engineer shall file his report with the county clerk as soon as possible after being so instructed by the board to make such survey. The report shall include an estimated cost of the work together with a preliminary apportionment of individual assessments.
Source
Laws 1921, c. 269, § 3, p. 894;
C.S.1922, § 1028;
C.S.1929, § 26-722;
R.S.1943, § 23-311.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-312 - Levees; dikes; report of engineer; filing; notice of hearing.

23-312.
Levees; dikes; report of engineer; filing; notice of hearing.
As soon as the report of the engineer is filed with the county clerk, it shall be the duty of the county clerk to give notice of the filing thereof by publication for three consecutive weeks in some weekly newspaper published in the county where the improvement is to be made, and state therein the proposed location where the improvement is to be made and the time set for the hearing thereon, of which all persons interested shall take notice. The date for said hearing shall not be more than six weeks from the date of the first publication.
Source
Laws 1921, c. 269, § 4, p. 895;
C.S.1922, § 1029;
C.S.1929, § 26-723;
R.S.1943, § 23-312.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-313 - Levees; dikes; petition; remonstrance; hearing; powers of board.

23-313.
Levees; dikes; petition; remonstrance; hearing; powers of board.
On or before the day fixed for the hearing of such report the owners of any land affected by the work proposed may remonstrate against said petition and report, which remonstrance shall be verified by affidavit. If more than one party remonstrates, the same shall be consolidated and tried together, and the report of the engineer shall be prima facie evidence of the facts therein stated. The supervisors or board of commissioners shall try the issue thus formed, and if they find for the remonstrance, the petition and report shall be dismissed at the cost of the petitioners, or shall be so amended as to comply with the findings of the board, which amended petition and report shall stand as final;
Provided,
that if donations shall be made or secured to the satisfaction of the supervisors or board, sufficient with the assessment to exceed the expenses of the work and damages allowed, if any, the petition and report shall not be dismissed, and such donations are hereby authorized to be made. The board shall have power to permit amendments to be made to the petition or report, and to continue the hearing from time to time, so as to subserve the ends of justice.
Source
Laws 1921, c. 269, § 5, p. 895;
C.S.1922, § 1030;
C.S.1929, § 26-724;
R.S.1943, § 23-313.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-314 - Levees; dikes; plan for protection; approval by Director-State Engineer.

23-314.
Levees; dikes; plan for protection; approval by Director-State Engineer.
If at the time fixed for the hearing of the report, the supervisors or board of commissioners shall find that notice has been given, as required by section 23-312, and further find that the proposed work is of public utility, convenience, welfare or safety, and that the benefits assessed exceed the expenses and damages whatsoever they may be, they shall order that the improvement be made and shall specify therein the nature and extent of the improvement. The report of the engineer as finally adopted by the board shall be designated as the plan for protection and shall be submitted to the Director-State Engineer for his information and approval;
Provided,
that notice of the hour and day of such submission shall be once published in the newspaper selected by the board for other publication notices, at least five days prior thereto. This plan as approved by the Director-State Engineer shall stand as final.
Source
Laws 1921, c. 269, § 6, p. 895;
C.S.1922, § 1031;
C.S.1929, § 26-725;
R.S.1943, § 23-314.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-315 - Levees; dikes; bids; contracts; conditions.

23-315.
Levees; dikes; bids; contracts; conditions.
(1) If after the hearing the supervisors or board of county commissioners decide to proceed with the improvement, they shall let the contract for the construction of the work as a whole or in parcels as they may deem best. They shall give notice of the time and place the contract or contracts will be let by publishing for three successive weeks in one or more weekly newspapers published in the county, which notice shall state the specifications, nature, and extent of the improvement, the time within which the work is to be completed, and the allotment or allotments to be let. Sealed proposals shall be received and the work let to the lowest and best responsible bidder. Except as provided in subsection (2) of this section, a bond, in form prepared by the supervisors or board of county commissioners, conditioned for the faithful performance of the contract and executed by the bidder and surety or sureties to the county and to all parties interested in the amount of the bid, shall accompany such bid.
(2) If a contract, the provisions of which are limited to the purchase of supplies or materials, is entered into pursuant to this section and if the amount of the contract is fifty thousand dollars or less, an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska, as prescribed by and in an amount determined by the county board of supervisors or commissioners, conditioned for the faithful performance of the contract and executed by the bidder to the county and to all parties interested in the amount of the bid, shall accompany the bid.
Source
Laws 1921, c. 269, § 7, p. 896;
C.S.1922, § 1032;
C.S.1929, § 26-726;
R.S.1943, § 23-315;
Laws 1987, LB 211, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-316 - Levees; dikes; construction; special assessments.

23-316.
Levees; dikes; construction; special assessments.
As soon as the contract or contracts are let for the construction of the work as provided in section 23-315, the supervisors or board of county commissioners shall levy a special assessment on all the lands specially benefited in accordance with the benefits received as confirmed and adjudged in a sum as may be necessary to pay for the work and all costs and expenses accrued or to accrue, not exceeding the whole benefit upon any one tract.
Source
Laws 1921, c. 269, § 8, p. 896;
C.S.1922, § 1033;
C.S.1929, § 26-727;
R.S.1943, § 23-316;
Laws 2015, LB361, § 47.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-317 - Levees; dikes; special assessments; entry on tax list; lien.

23-317.
Levees; dikes; special assessments; entry on tax list; lien.
The board of supervisors or county commissioners shall cause the special assessment made upon the lands benefited as provided in section 23-316 to be entered upon the tax lists of the county as provided in cases of special assessments, which assessment shall constitute a lien on the real estate respectively assessed and shall be collected as other special assessments are collected. One-tenth of each assessment shall be collected each year for a period of ten years with interest at the rate of seven percent per annum on deferred payments, unless paid in full as herein provided.
Source
Laws 1921, c. 269, § 9, p. 896;
C.S.1922, § 1034;
C.S.1929, § 26-728;
R.S.1943, § 23-317;
Laws 2015, LB361, § 48.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-318 - Levees; dikes; assessments; notice.

23-318.
Levees; dikes; assessments; notice.
Within ten days after such work has been completed and approved by the board, the board shall cause a notice to all persons whose lands are benefited by such improvement to be published for three successive weeks in a legal newspaper published and of general circulation in such county or, if no legal newspaper is published in the county, in a legal newspaper of general circulation in the county. Such notice shall fix the time, not more than sixty days from the date of the completion and approval of the work, within which owners of real estate benefited may pay the entire amount assessed against the respective parcels of land benefited and shall state that unless the amount is paid within such time, bonds will be issued for the payment of the special benefits assessed as hereinafter provided.
Source
Laws 1921, c. 269, § 10, p. 897;
C.S.1922, § 1035;
C.S.1929, § 26-729;
R.S.1943, § 23-318;
Laws 1986, LB 960, § 19.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-319 - Levees; dikes; bonds; when authorized; term; sinking fund.

23-319.
Levees; dikes; bonds; when authorized; term; sinking fund.
After sixty days from the completion and approval of the work it shall be the duty of the county board to issue the bonds of the county in the amount of the assessment remaining unpaid at said time, payable in not to exceed ten equal annual installments with interest on deferred payment at seven percent per annum, and said special assessment and taxes shall constitute a sinking fund for the payment of the bonds and interest.
Source
Laws 1921, c. 269, § 11, p. 897;
C.S.1922, § 1036;
C.S.1929, § 26-730;
R.S.1943, § 23-319;
Laws 1947, c. 15, § 14, p. 91.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-320 - Levees; dikes; assessments; appeal to district court; procedure.

23-320.
Levees; dikes; assessments; appeal to district court; procedure.
Any person who appeared and filed a remonstrance as to the benefits received by him or her through such improvement or as to the amount of his or her assessment before the supervisors or board of commissioners at the hearing as provided in section 23-313 shall be allowed an appeal to the district court of the county by the same procedure as is provided in section 31-412. On such appeal the only questions that shall be tried shall be the questions raised before the board by the remonstrance. On such trial the report of the engineer shall be admissible in evidence and nothing in this section shall be construed as authorizing or permitting the stoppage, prevention, or delay of the proposed work. If more than one party appeals, the appeals shall be consolidated and tried together and the rights of each appellant separately determined. If the court finds for any appellant upon his or her remonstrance, it shall amend the report and the schedule of the assessment in accordance with its finding. The amended report and schedule shall be filed with the county clerk and a copy forwarded to the Director-State Engineer. If on appeal the court finds against the remonstrants, it shall dismiss the appeal at the cost of appellant.
Source
Laws 1921, c. 269, § 12, p. 897;
C.S.1922, § 1037;
C.S.1929, § 26-731;
R.S.1943, § 23-320;
Laws 1989, LB 26, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-320.01 - Flood control; powers of county board; contracts with federal government; appropriation of funds.

23-320.01.
Flood control; powers of county board; contracts with federal government; appropriation of funds.
In any county of the State of Nebraska in which the Corps of Engineers of the United States Army, the Bureau of Reclamation, Natural Resources Conservation Service, or other department or agency of the federal government shall be authorized by Congress to construct works for flood control, watershed protection and flood prevention, irrigation, soil and water conservation, drainage, or similar projects, or in cooperation with the programs of natural resources districts, irrigation districts, reclamation districts, or similar agencies, the county board thereof shall, if in its opinion the construction is necessary for the public welfare, have the power to: (1) Enter into an undertaking, in the name of the county, to hold the United States of America free from any damage to persons or property resulting during the construction or after the completion thereof, (2) contract with the federal government, in the name of the county, that when the work is completed the county will maintain, keep in repair, and operate such flood control works or other similar projects, (3) furnish all necessary lands, rights-of-way, and easements, as provided in section 23-320.02, (4) appropriate such funds as may be necessary to fully develop, plan, and carry out a coordinated program of flood control or soil and water resource development for such county, and (5) appropriate such funds as may be necessary to pay the construction costs and expenses in excess of funds to be provided by the federal government.
Source
Laws 1947, c. 77, § 1, p. 241;
Laws 1955, c. 67, § 1, p. 218;
Laws 1961, c. 89, § 1, p. 310;
Laws 1969, c. 154, § 1, p. 722;
Laws 1999, LB 403, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-320.02 - Flood control; acquisition of lands, rights-of-way, and easements; procedure.

23-320.02.
Flood control; acquisition of lands, rights-of-way, and easements; procedure.
In any county, such as described in section 23-320.01, where it is necessary as a condition to the construction of any flood control works or other similar projects as provided in sections 23-320.01 to 23-320.07, that the county furnish the necessary lands, rights-of-way, or easements therefor, the county board is hereby authorized and empowered to acquire such lands, rights-of-way, or easements as may be necessary, and the board is hereby authorized and empowered to acquire the same by purchase or by gift or by the exercise of the right of eminent domain whether the property be within the limits of such county or outside its boundaries. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1947, c. 77, § 2, p. 242;
Laws 1951, c. 101, § 68, p. 478;
Laws 1961, c. 89, § 2, p. 311;
Laws 1969, c. 155, § 1, p. 726;
Laws 1981, LB 326, § 13.
Annotations
Acquisition by city of easements and right-of-way for flood control project was authorized. Gruntorad v. Hughes Bros., 161 Neb. 358, 73 N.W.2d 700 (1955).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-320.03 - Flood control; bonds; amount; term; levy of tax.

23-320.03.
Flood control; bonds; amount; term; levy of tax.
Whenever in such county it is necessary to pay any construction costs and expenses in excess of the amounts paid by the federal government or to acquire any lands, rights-of-way, or easements under sections 23-320.01 to 23-320.06, the cost thereof and expenses connected therewith shall be defrayed by the issuance of general obligation bonds of the county, to be issued by the county board of such county without the necessity of an election, either in one issue or in separate issues from time to time as may be necessary and as determined by the county board of the county. The proceeds of the bonds shall be used for such purposes and no other except as otherwise provided in such sections. The aggregate of any such bonds so issued shall not be in excess of two-tenths of one percent of the taxable valuation of the county. All bonds issued under such sections shall mature in annual installments over a period of not more than twenty-five years, and it shall be the duty of the county board of such county to make an annual levy on all the taxable property in such county for the retirement of the principal and interest thereof as the same become due. The bonds provided for in such sections shall not be subject to nor included in any restrictions or limitations upon the amount of bonded indebtedness of the county contained in any other law affecting the county.
Source
Laws 1947, c. 77, § 3, p. 242;
Laws 1965, c. 99, § 1, p. 418;
Laws 1969, c. 154, § 2, p. 723;
Laws 1979, LB 187, § 97;
Laws 1992, LB 719A, § 97.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-320.04 - Flood control; liability on indemnity agreements; how paid; insurance.

23-320.04.
Flood control; liability on indemnity agreements; how paid; insurance.
Any loss, damage or expense for which the county or the county board may be liable by reason of having entered into an indemnity agreement or undertaking to protect and defend the federal government against loss or damage resulting from or growing out of such flood control works or other similar projects, may be paid for by said county from any funds on hand received from the sale of the bonds issued under the provisions of sections 23-320.01 to 23-320.07;
Provided,
that said county board may for the purpose of saving and protecting the county from any such loss, damage or expense, apply for and purchase from any insurance or indemnity company authorized to transact business in this state, an insurance or indemnity policy or policies of insurance, and pay the cost of obtaining the same from any funds received from the sale of bonds issued under the provisions of sections 23-320.01 to 23-320.07.
Source
Laws 1947, c. 77, § 4, p. 243;
Laws 1961, c. 89, § 3, p. 311.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-320.05 - Flood control; maintenance and operation; coordinated program; tax levy; special fund; establish; use.

23-320.05.
Flood control; maintenance and operation; coordinated program; tax levy; special fund; establish; use.
For the purpose of maintaining and operating such flood control works or other similar projects as provided in sections 23-320.01 to 23-320.07 when the works or projects have been completed and turned over to the county and also for the purpose of developing and carrying out a coordinated soil and water resource program and program of flood control for the county, the county board of such county shall be empowered to make an annual tax levy of not to exceed one and seven-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such county. Pending approval of an authorized flood control plan, the county involved may establish a special flood and erosion control reserve fund. Such fund may be used for obtaining land, easements, and rights-of-way and relocating utilities in connection with water and erosion improvements that have authorization and construction approval. To aid in the growth of such fund, it may be invested in short-term securities authorized by section 77-2315. Money remaining in the fund at the completion of construction or the discontinuance of an authorized project may revert to the general fund. It shall be the duty of the county board and the county engineer to keep all such flood control works or other similar projects in serviceable condition and to make such repairs as may, from time to time, be necessary.
Source
Laws 1947, c. 77, § 5, p. 243;
Laws 1953, c. 287, § 42, p. 955;
Laws 1955, c. 67, § 2, p. 219;
Laws 1961, c. 89, § 4, p. 312;
Laws 1965, c. 100, § 1, p. 420;
Laws 1979, LB 187, § 98;
Laws 1989, LB 5, § 1;
Laws 1992, LB 719A, § 98;
Laws 1996, LB 1114, § 42.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-320.06 - Flood control; agreements with other governmental agencies; construction, maintenance, repair, and operation; coordinated program; employment of nonprofit corporation.

23-320.06.
Flood control; agreements with other governmental agencies; construction, maintenance, repair, and operation; coordinated program; employment of nonprofit corporation.
For the purpose of carrying out any of the provisions of sections 23-320.01 to 23-320.06, the county board is hereby authorized to enter into agreements with (1) the United States of America or any department or agency thereof, (2) any city, (3) any drainage district, (4) any other county, (5) any natural resources district, (6) any irrigation district, (7) any reclamation district, (8) any body politic, (9) any person, (10) any firm, or (11) any individual, whenever it shall be necessary as a condition to the construction of flood control works or other similar projects hereunder, and for the maintenance, repair, or operation thereof. To aid and assist in carrying out a coordinated soil and water resource program or program of flood control for any county, the county board may also employ the services of any nonprofit corporation or organization that has as one of its principal objectives or purposes the promotion and development of soil and water resource projects and flood control and to receive gifts and contributions from public and private sources to be expended in providing funds for construction costs and expenses in excess of funds to be provided by the federal government and the tax levy.
Source
Laws 1947, c. 77, § 6, p. 244;
Laws 1955, c. 67, § 3, p. 219;
Laws 1961, c. 89, § 5, p. 312;
Laws 1969, c. 154, § 3, p. 724;
Laws 1979, LB 187, § 99.