reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-406 - Formation; election; form of ballot.

31-406.
Formation; election; form of ballot.
Such election shall be by ballot which shall be signed by the voter, and shall have thereon a list of the land and lots which the voter claims the right to vote. The ballot shall be in the following form, and ballots at annual elections shall be in similar form.
List of Property on Which Vote is Based.
Number of
Section
Town or
Range or
Acres or
Description
or Lot
Block
City
Lots
............
........
........
........
........
............
........
........
........
........
............
........
........
........
........
Total number of votes claimed on same ..............
Nature of title to or interest in above ............
For formation of district ..........................
........
Yes
........
No
Vote for
..............
For board of directors if proposed
Number of
district is formed.
Votes
........................................
............
........................................
............
........................................
............
........................................
............
........................................
............
........................................
............
.....................................
Signature of Voter
Source
Laws 1907, c. 153, § 6, p. 476;
R.S.1913, § 1871;
C.S.1922, § 1818;
C.S.1929, § 31-506;
R.S.1943, § 31-406.
Annotations
Mere fact that voter writes on the ballot the nature of the instrument by which he acquired title does not invalidate the ballot. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-407 - Formation; election; eligibility to vote; manner of voting; canvassing board.

31-407.
Formation; election; eligibility to vote; manner of voting; canvassing board.
At all the elections the county clerk, or the county clerk of the county in which the greater portion of the land in such district is situated, and such assistants as he shall choose, shall constitute the election board and the canvassing board. Any person may cast one vote on each proposition to be voted on for each acre of land or fraction thereof, and for each platted lot which he may own or have an easement in, as shown by the official records of the county where the land or lots may be. Any corporation, public, private or municipal, owning or having an easement in any land or lot, may vote at such election, the same as an individual may. The executor, administrator, guardian or trustee of any person or estate interested shall have the same right to vote. Should two or more persons or officials claim the right to vote on the same tract, the election board shall determine the party entitled to vote, and shall have the power to reject any ballot not cast by a person authorized to vote the same, which rejection may be made at the time such ballot is offered, or at the time of the canvass of the election. The board shall have the right to refer to the official records of the counties where the real estate may be, for information as to who are entitled to vote. The board shall sign a statement giving the result of the election, and the same shall be recorded in the office of the county clerk. At all elections following the election by which the district is organized, each voter shall have one vote for each unit of benefit then apportioned against the land owned by the voter.
Source
Laws 1907, c. 153, § 7, p. 477;
R.S.1913, § 1872;
C.S.1922, § 1819;
Laws 1925, c. 87, § 2, p. 266;
C.S.1929, § 31-507;
R.S.1943, § 31-407;
Laws 1951, c. 96, § 1, p. 265.
Annotations
When canvassing board certifies a true and correct exhibit of votes cast for formation of drainage district, naming the place of election and the date thereof, and the ballots are on file in county clerk's office, there is a sufficient compliance with this section. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
Corporation having an easement in district may vote. State ex rel Gantz v. Drainage District No. 1 of Merrick County, 100 Neb. 625, 160 N.W. 997 (1916).
In determining whether a district is organized, any person may cast one vote for each acre of land and each platted lot, which he may own or have an easement in. Bunting v. Oak Creek Drainage District, 99 Neb. 843, 157 N.W. 1028 (1916).
Permitting corporations and nonresidents, etc., to vote is constitutional. State ex rel. Harris v. Hanson, 80 Neb. 738, 117 N.W. 412 (1908).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-408 - Formation; election; affirmative vote; effect; preservation of records; transcript; filing.

31-408.
Formation; election; affirmative vote; effect; preservation of records; transcript; filing.
If a majority of the votes cast at the election shall be in favor of the formation of the district it shall be conclusive that the formation of the district, and the work that may be done under the supervision of the board of directors, will be for the public health, convenience and welfare. The county clerk shall thereupon file and preserve in his office all of the ballots, and record in his office all other records and proceedings in the matter, and the district shall thereupon be fully organized. If the district is in more than one county, the county clerk of the county in which the greater portion of the land in such district is situated, shall thereupon make a certified transcript of all record proceedings, and the board of directors of such district shall cause the transcript to be recorded in the office of the county clerk of each other county having land in the district.
Source
Laws 1907, c. 153, § 8, p. 478;
R.S.1913, § 1873;
C.S.1922, § 1820;
Laws 1925, c. 87, § 3, p. 266;
C.S.1929, § 31-508;
R.S.1943, § 31-408.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-409 - Directors; qualification; officers; annual election; vacancies; term.

31-409.
Directors; qualification; officers; annual election; vacancies; term.
A majority of the directors shall be residents of the county or counties in which the district is located. Except as provided in section 31-409.03, any person or the officer or representative of any corporation owning or controlling any land assessed for benefits may be a director. The person elected a director receiving the least number of votes shall hold office for one year, the next higher for two years, and so on, and the term of each shall be adjusted so as to make the term of one director expire each year. The officers, consisting of a president, a treasurer, and a secretary, shall be chosen by the directors from their own number and for a term of one year. Unless the directors choose by February fifteenth of a given year to use the procedures provided in section 31-409.01, annual elections of directors shall be held on the second Tuesday of April each year, at the county courthouse or at such other place designated by the board pursuant to section 31-409.03. The annual election shall be omitted if such date occurs less than nine months after the first election. Vacancies in the office of directors may be filled by the remaining directors until the next election. All directors and officers shall hold office until their successors are elected and qualified.
Source
Laws 1907, c. 153, § 9, p. 478;
R.S.1913, § 1874;
Laws 1921, c. 275, § 1, p. 905;
C.S.1922, § 1821;
C.S.1929, § 31-509;
R.S.1943, § 31-409;
Laws 1951, c. 96, § 2, p. 265;
Laws 1983, LB 191, § 1;
Laws 1988, LB 1078, § 1;
Laws 2011, LB342, § 1.
Annotations
Remaining duly elected and qualified directors may fill vacancy by appointment of director who fails to qualify. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-409.01 - Election by mail; procedure.

31-409.01.
Election by mail; procedure.
The directors may choose to hold the annual election required by section 31-409 by sealed mail ballot in accordance with this section. If the option authorized by this section is not exercised by February fifteenth of a given year, the procedure provided by section 31-409 shall be followed.
The secretary of the board shall, at least fifteen days prior to the election, mail to the last-known post office address of each person entitled to vote, a ballot which shall list the names and addresses of the candidates, allow room for write-in votes, and give instructions on how to vote and return the ballot.
Source
Laws 1983, LB 191, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-409.02 - Annual election; notice; contents.

31-409.02.
Annual election; notice; contents.
Notice of an annual election held pursuant to section 31-409, 31-409.01, or 31-409.03 shall be published once each week for two consecutive weeks in a newspaper of general circulation in the district, or the precinct if the district has been divided into voting precincts as provided in section 31-409.03, designated by the district. The last publication shall not be less than thirty days prior to the election. The notice shall include the date and location or locations of the election and the hours for voting, the number of directors to be elected, the names of those whose terms will expire, and the procedure for filing as a candidate.
Source
Laws 1983, LB 191, § 3;
Laws 1988, LB 1078, § 2;
Laws 2011, LB342, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-409.03 - Voting precincts; authorized; directors; how elected.

31-409.03.
Voting precincts; authorized; directors; how elected.
(1) The board of directors may divide the district into two or more voting precincts for the purpose of electing directors of the district. The precincts shall be established to include, as nearly as possible, equal acreage if the district levies taxes based on valuation or equal units of benefit if the district taxes on the basis of apportionment of benefits. Upon completion of the division the board shall prepare a subdivision plat and file the plat with the county clerk of each county containing affected land. The board shall provide for the phasing in of precinct voting for all elections subsequent to the decision to subdivide the district beginning with the first such election. After the board has divided the district pursuant to this subsection, the board shall not divide the district again or change the divisions until precinct voting is completely phased in and an election has been held for the directors to be elected in each precinct.
(2) When a district has been divided into two or more voting precincts, an equal number of directors shall be elected in each precinct and the remaining directors, if any, shall be elected at large. Each director elected by precinct shall own land assessed for benefits in the precinct from which he or she is elected. Precinct elections shall be held at a location within the precinct designated by the board or as provided in section 31-409.01.
Source
Laws 1988, LB 1078, § 3;
Laws 1990, LB 81, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-410 - Directors; bond; conditions; recording.

31-410.
Directors; bond; conditions; recording.
Each member of the board of directors shall give bond in such amount as shall have been fixed by the county board of the county, conditioned to faithfully perform the duties of a director, and of such further office as he may be elected to, and to account for all funds or property coming into his hands. All of such bonds shall run to the district, shall be signed by a surety or sureties to be approved by the county clerk, and shall be filed and recorded in his office. When so filed such person so elected shall take and hold office until his successor is elected and qualified.
Source
Laws 1907, c. 153, § 10, p. 478;
R.S.1913, § 1875;
C.S.1922, § 1822;
C.S.1929, § 31-510;
R.S.1943, § 31-410.
Annotations
Where bond is filed, director is to be considered as public officer. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-410.01 - Board of directors; plans; notice; hearing.

31-410.01.
Board of directors; plans; notice; hearing.
The board of directors, having first, with the aid of such engineer, surveyor, and other assistants as it may have chosen, made detailed plans of the public works to be done in accordance with section 31-401, shall cause a notice to be inserted at least once in a newspaper of general circulation in the district stating the time and place where the directors shall meet for the purpose of conducting a public hearing on the proposed public works and the method of financing such works. All parties interested in the proposed public works may appear at such public hearing in person or by counsel or may file written objections thereto. The directors shall then proceed to hear and consider the same and determine whether to adopt the public works in accordance with the detailed plans presented at such hearing and whether to finance such works by benefits accruing to the several tracts of land within the district or by a tax levy upon the taxable value of the taxable property in the district. The hearing may be continued from time to time upon notice given by publication at least once in a newspaper of general circulation in the district stating the time and place of such continuance.
Source
Laws 1969, c. 245, § 1, p. 896;
Laws 1979, LB 187, § 129;
Laws 1984, LB 897, § 1;
Laws 1992, LB 1063, § 25;
Laws 1992, Second Spec. Sess., LB 1, § 25.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-411 - Directors; duties; plans; apportionment of benefits; area method of allocation, authorized.

31-411.
Directors; duties; plans; apportionment of benefits; area method of allocation, authorized.
The board of directors having adopted the plans of public works and apportionment of benefits method of financing, shall apportion the benefits thereof accruing to the several tracts of land within the district which will be benefited thereby, on a system of units. The land least benefited shall be apportioned one unit of assessment, and each tract receiving a greater benefit shall be apportioned a greater number of units or fraction thereof, according to the benefits received. Nothing contained herein shall prevent the district from establishing separate areas within the district so as to permit future allocation of costs for particular portions of the work to specific areas. This area method of allocation shall not be used in any district which has heretofore made a final apportionment of units of benefits and shall not thereafter be changed except by compliance with the procedure prescribed in sections 31-411 to 31-412.
Source
Laws 1907, c. 153, § 11, p. 479;
R.S.1913, § 1876;
C.S.1922, § 1823;
C.S.1929, § 31-511;
R.S.1943, § 31-411;
Laws 1961, c. 139, § 1, p. 403;
Laws 1969, c. 245, § 2, p. 897;
Laws 1972, LB 1053, § 5.
Annotations
Adoption of detailed plans is a jurisdictional requirement. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
Assessing of one-half units not out of line proportionately with assessment of benefits for tract involved is not a jurisdictional defect. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
Compliance with requirement of first making detailed plans of the work to be done is a condition precedent to the apportionment of benefits to lands within a drainage district. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).
Special taxes should not be levied in excess of benefits conferred. Scottsbluff Drainage District v. Scotts Bluff County, 113 Neb. 187, 202 N.W. 455 (1925).
Apportionment was unequal where lands were charged on the basis of one-fifth of their value, and railroad and county on total value of losses saved. Chicago B. & Q. R. Co. v. Platte Valley Drainage District, 113 Neb. 49, 201 N.W. 648 (1924).
Section is constitutional, though it does not require notice before adopting plan of drainage, or that apportionment precede construction of improvements, etc. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911).
Section sustained as constitutional against claim of taking property without due process of law. State ex rel. Harris v. Hanson, 80 Neb. 738, 117 N.W. 412 (1908).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-411.01 - Apportionment of benefits; report; filing; notice; publication.

31-411.01.
Apportionment of benefits; report; filing; notice; publication.
The directors, having adopted the apportionment method of financing and having completed the apportionment of benefits, shall make a detailed report of the same and file such report with the county clerk. Thereupon the board of directors shall cause to be published, once each week for three consecutive weeks, in a newspaper of general circulation in the district, a copy of the apportionment and a statement of the total number of units of benefit in the district.
Source
Laws 1969, c. 245, § 3, p. 897.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-412 - Apportionment; complaint; bond; conditions; transcript; filing; hearing.

31-412.
Apportionment; complaint; bond; conditions; transcript; filing; hearing.
Any person claiming to be aggrieved by such plan of public works or method of financing, or both, may file complaint with the county clerk within twenty days after the publication of the plan of public works and method of financing provided for by section 31-410.01, together with a bond running to the district, with surety or sureties to be approved by the county clerk, conditioned to pay all costs that may be adjudged against such complaint, if the appeal be not sustained. Thereupon the county clerk shall make a transcript of the objections and of the report of adoption of the plan of public works or method of financing, or both, and such appellant shall, within ten days thereafter, file such transcript, in the district court of the county, and such court shall hear and determine all such objections in a summary manner as in a case in equity. All objections that may be filed shall be heard and determined by the court as one proceeding, and only one transcript of the adoption of the plan of public works shall be required.
Source
Laws 1907, c. 153, § 11, p. 479;
R.S.1913, § 1877;
C.S.1922, § 1824;
C.S.1929, § 31-512;
R.S.1943, § 31-412;
Laws 1969, c. 245, § 5, p. 899.
Annotations
There is no requirement that the notice shall be signed by the board of directors. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
Detailed plans are essential to give landowner an intelligent basis upon which objection can be made to apportionment of benefits. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).
Notice must be published during an entire week immediately before time specified for hearing. Bancroft Drainage District v. Chicago, St. P., M. & O. Ry. Co., 102 Neb. 455, 167 N.W. 731 (1918).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-414 - Assessments and levies; basis; change of plans; enlargement or extension; new apportionment.

31-414.
Assessments and levies; basis; change of plans; enlargement or extension; new apportionment.
The apportionment, when finally adjusted, shall continue as the basis of all levies of special assessments to pay all expenditures for organization, construction, improvement, enlargement, extension, damages, costs, maintenance, bonds and interest thereon, and all other expenses;
Provided,
if (1) there is such a change of plans or enlargement or extension of the work of the district, (2) some of the tracts of land within the district are increased in value since the time of the original apportionment of benefits by the addition of improvements or otherwise, such as in either case to make a different apportionment necessary or desirable, then the board of directors as to the future expenditures shall make a new apportionment of benefits, in which event all the procedure prescribed in sections 31-411 to 31-412 for the original apportionment shall apply, or (3) the board of directors elects to use the tax levy method of financing, all expenditures for organization, construction, improvement, enlargement, extension, damages, costs, maintenance, bonds and interest thereon, and all other expenses shall be paid out of such levies.
Source
Laws 1907, c. 153, § 13, p. 480;
R.S.1913, § 1879;
C.S.1922, § 1826;
C.S.1929, § 31-514;
R.S.1943, § 31-414;
Laws 1963, c. 169, § 1, p. 584;
Laws 1969, c. 245, § 6, p. 899;
Laws 1972, LB 1053, § 6;
Laws 1979, LB 187, § 131.
Annotations
Provision for change of plans so that board may make new apportionment shows legislative intent of necessity for original detailed plan. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).
Board may, upon change of plans or enlargement of work, make a new apportionment of benefits. Sandy v. Western Sarpy Drainage District, 102 Neb. 713, 169 N.W. 268 (1918).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-414.01 - Tax funds; held by county treasurer; use; financial operation; publish annually.

31-414.01.
Tax funds; held by county treasurer; use; financial operation; publish annually.
Tax funds transferred to and held by the treasurer of the drainage district shall be used for the specific purposes as listed in section 31-401. All expenditure of such funds shall be made by the board of directors upon the order of the board. The secretary of the drainage district shall once each year have published in a newspaper of general circulation in the drainage area a brief statement of the past year's financial operation of the district. Such statement shall be based on an annual audit of the district accounts.
Source
Laws 1969, c. 245, § 7, p. 900.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-415 - Real estate or easement; acquisition; eminent domain; procedure; release by guardian or conservator of person under disability.

31-415.
Real estate or easement; acquisition; eminent domain; procedure; release by guardian or conservator of person under disability.
The drainage district shall have power to purchase such real estate or easement therein as it may need, and if it cannot agree on the purchase price of any needed real estate or easement therein, it shall have power to condemn the same whether the property be within the limits of such district or outside its boundaries. The exercise of the right of eminent domain on areas outside the boundaries of the district shall be limited only to those projects which have been approved by the Department of Natural Resources. This limitation shall not apply to any drainage district subject to the supervision of the United States Army Corps of Engineers. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. If such drainage district finds it expedient or necessary for the maintenance of any part of its improvement already constructed to add thereto further construction in the nature of a settling basin into which waters will be permitted to flow for the purpose of dropping silt before finding their outlet into any part of the main or lateral ditches of such drainage district improvement, such drainage district, if not able to agree with the landowner on the yearly cash rental of any premises taken and used for such purpose, shall have the right to condemn for the purpose of fixing the yearly rental for the land so taken. If such drainage district takes or damages any real estate of any minor or protected person, the guardian or conservator of such minor or protected person may agree and settle with the drainage district for all damages or claims by reason of taking such real estate or easement and may give valid releases and discharges therefor.
Source
Laws 1907, c. 153, § 14, p. 480;
R.S.1913, § 1880;
C.S.1922, § 1827;
C.S.1929, § 31-515;
Laws 1937, c. 76, § 1, p. 266;
C.S.Supp.,1941, § 31-515;
R.S.1943, § 31-415;
Laws 1951, c. 101, § 74, p. 480;
Laws 1969, c. 245, § 8, p. 900;
Laws 1975, LB 481, § 20;
Laws 2000, LB 900, § 70.
Annotations
Drainage district has power of eminent domain. Quest v. East Omaha Drainage Dist., 155 Neb. 538, 52 N.W.2d 417 (1952).
Condemnation by right of eminent domain is not allowed except so far as it is necessary for the proper construction and use of the improvement for which it is taken. Bunting v. Oak Creek Drainage District, 99 Neb. 843, 157 N.W. 1028 (1916).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-416 - Claims; payment; warrants; registration; interest; use in payment of taxes.

31-416.
Claims; payment; warrants; registration; interest; use in payment of taxes.
All claims against drainage districts created by landowners shall be paid by warrants or orders, duly drawn on the treasurer of such drainage district, signed by the president of such district and countersigned by its clerk or secretary. When such warrants or orders have been issued and delivered, the same may be presented to the treasurer of the drainage district, and, if such be the fact, endorsed not paid for want of funds. Such orders or warrants shall be registered by the treasurer of the district, in the order of presentation, shall draw interest from the date of registration thereof, and shall be received by the county treasurer in payment of drainage district taxes due the general fund of such district.
Source
Laws 1921, c. 275, § 2, p. 905;
C.S.1922, § 1828;
C.S.1929, § 31-516;
R.S.1943, § 31-416;
Laws 1969, c. 51, § 90, p. 331.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-417 - Bonds; interest; issuance; requirements.

31-417.
Bonds; interest; issuance; requirements.
Whenever the drainage district shall need the sum of five thousand dollars or more, either for the purpose of paying outstanding warrants issued under section 31-416, or to refund bonds issued for the purpose of paying or providing funds for the payment of work done under the provisions of sections 31-401 to 31-450, the board of directors may issue negotiable bonds for such sums as may be needed, not, however, exceeding the amount that the engineer of the district shall certify as being required in the case of an original issue of bonds, nor exceeding the amount of outstanding bonds in the case of refunding bonds. Such bonds shall be signed by the president, secretary and treasurer, under the corporate seal, with coupons attached, and shall be payable in not to exceed twenty annual installments. They shall be sold at not less than par.
Source
Laws 1907, c. 153, § 15, p. 481;
Laws 1911, c. 145, § 1, p. 484;
R.S.1913, § 1881;
C.S.1922, § 1829;
C.S.1929, § 31-517;
Laws 1933, c. 23, § 1, p. 194;
C.S.Supp.,1941, § 31-517;
R.S.1943, § 31-417;
Laws 1969, c. 51, § 91, p. 331.
Annotations
Bonds may not be issued in excess of amount that engineer certifies as being required. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).
Section does not apply to drainage districts organized before its enactment. Sandy v. Western Sarpy Drainage District, 102 Neb. 713, 169 N.W. 268 (1918).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-418 - Bonds; notice of issuance; publication; contents.

31-418.
Bonds; notice of issuance; publication; contents.
The board of directors shall give notice by publication once each week for three consecutive weeks of the proposed issue of bonds and the amount thereof.
Source
Laws 1907, c. 153, § 15, p. 481;
Laws 1911, c. 145, § 1, p. 485;
R.S.1913, § 1882;
C.S.1922, § 1830;
C.S.1929, § 31-518;
R.S.1943, § 31-418.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-420 - Deficit; assessment; apportionment.

31-420.
Deficit; assessment; apportionment.
If a deficit is caused by an appeal from the assessment of benefits and a charge thereon, or by reason of any assessment being uncollectible, or in any other manner whatsoever, then such deficit shall be a charge upon all the lands assessed according to the apportionment of benefits, the same as any other liability of the district.
Source
Laws 1911, c. 145, § 1, p. 485;
R.S.1913, § 1884;
C.S.1922, § 1832;
C.S.1929, § 31-520;
R.S.1943, § 31-420.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-421 - Bond issue; duties of treasurer; filing and recording.

31-421.
Bond issue; duties of treasurer; filing and recording.
The treasurer shall at the time of signing the bonds, and before the issue thereof, make a statement in writing and under oath of the same, giving the date, amount, maturity, rate of interest, and place of payment. Such statement shall be filed and recorded in the office of the county clerk.
Source
Laws 1907, c. 153, § 15, p. 481;
Laws 1911, c. 145, § 1, p. 485;
R.S.1913, § 1885;
C.S.1922, § 1833;
C.S.1929, § 31-521;
R.S.1943, § 31-421;
Laws 1969, c. 245, § 9, p. 901.
Annotations
Noncompliance with above section is an irregularity not affecting jurisdiction. Scottsbluff Drainage District v. Scotts Bluff County, 113 Neb. 187, 202 N.W. 455 (1925).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-422 - Borrowing money; interest; purposes; term of loan; provisions for payment; record.

31-422.
Borrowing money; interest; purposes; term of loan; provisions for payment; record.
The president, secretary and treasurer, when duly authorized by the board of directors, may borrow money, for not to exceed five years, on the note of the district signed by them, negotiable at not less than par and drawing interest, to pay the costs and expenses of organizing the district, and such further amounts, on the same terms, as may be necessary for the purpose of carrying on the objects and purposes of such organization, not exceeding, however, the cost of the drainage improvement as estimated by the engineer. The board of directors shall make suitable provision for the payment of such borrowed money, with interest thereon, within five years from the time of borrowing the same. The treasurer shall at the time of signing any such note and before the issue thereof, make a statement in writing and under oath of the same, giving the date, amount, maturity, rate of interest, payee, and time and place of payment. Such statement shall be filed and recorded in the office of the county clerk.
Source
Laws 1907, c. 153, § 16, p. 481;
Laws 1909, c. 150, § 1, p. 530;
R.S.1913, § 1886;
C.S.1922, § 1834;
C.S.1929, § 31-522;
R.S.1943, § 31-422;
Laws 1969, c. 51, § 92, p. 332.
Annotations
District may not borrow money in excess of the cost of improvement as estimated by the engineer. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-423 - Preliminary expenses; payment.

31-423.
Preliminary expenses; payment.
The board of directors shall, out of the first money on hand, pay all the expenses of organization, of the county surveyor and county clerk, and other expenses.
Source
Laws 1907, c. 153, § 17, p. 482;
R.S.1913, § 1887;
C.S.1922, § 1835;
C.S.1929, § 31-523;
R.S.1943, § 31-423.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-424 - Bond principal and interest; apportionment of assessments; lien; interest; collection.

31-424.
Bond principal and interest; apportionment of assessments; lien; interest; collection.
The board of directors shall each year determine the amount of money necessary to be raised to pay bonds and interest thereon under the apportionment method of financing, and shall apportion the same in dollars and cents against the tracts of land remaining charged therewith. The board of directors shall also annually determine the amount of money necessary to be raised by taxation during the coming year for other purposes, and shall apportion the same in dollars and cents to each tract benefited, according to the units of assessment as determined in accordance with section 31-411. The president and secretary shall thereupon return lists of such tracts, with the amounts of money chargeable to each, keeping the assessments to pay bonds and interest thereon separate in each case, to the county clerk of each county where lands are located, who shall place the same on the duplicate tax lists against the lands and lots so assessed. Such assessments shall be collected and accounted for by the county treasurer, at the same time as general realty taxes, and such assessments shall be and remain a perpetual lien against such real estate until paid, and shall draw interest at the rate of nine percent per annum from the date of delinquency until paid. All the provisions of law for the sale, redemption, and foreclosure in ordinary tax matters shall apply to these special assessments. The drainage district may file a claim against any county, city, village, railroad company, or other corporation, private or public, for the share of any annual apportionment to be paid by any such subdivision or corporation, and if the same is not paid, it may be recovered by action in court. The county treasurer shall on demand pay all funds in his hands to the credit of the drainage district, to the treasurer thereof.
Source
Laws 1907, c. 153, § 18, p. 482;
R.S.1913, § 1888;
C.S.1922, § 1836;
C.S.1929, § 31-524;
Laws 1933, c. 136, § 25, p. 537;
C.S.Supp.,1941, § 31-524;
R.S.1943, § 31-424;
Laws 1969, c. 245, § 10, p. 901.
Annotations
Under former law interest at ten percent was computable on each assessment from first day of May following levy. Scottsbluff Drainage District v. Scotts Bluff County, 113 Neb. 187, 202 N.W. 455 (1925).
Requirement that a list of lands assessed shall be returned to county clerk, enables district to fix a lien upon lands of district generally and collect tax. Bancroft Drainage District v. Chicago, St. P., M. & O. Ry. Co., 102 Neb. 455, 167 N.W. 731 (1918).
Rules for assessments and apportionment of benefits in general set out. White v. Papillion Drainage District, 96 Neb. 241, 147 N.W. 218 (1914).
A public highway is an easement which may be benefited by the construction of a drainage ditch, and county assessed therefor. Cuming County v. Bancroft Drainage District, 90 Neb. 81, 132 N.W. 927 (1911).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-424.01 - Budget; levy; collection; lien.

31-424.01.
Budget; levy; collection; lien.
The board of directors shall each year determine the amount of money necessary to be raised to pay bonds and interest thereon and the amount of money necessary to be raised by taxation during the coming year for other purposes, and shall include such amount in the budget submitted under section 31-411.02 if the board of directors elects the tax levy method of financing. Such levies shall be collected and accounted for by the county treasurer, at the same time as general realty taxes, and such assessments shall be and remain a perpetual lien against such real estate until paid, and shall draw interest at the rate of nine percent per annum from the date of delinquency until paid. All the provisions of law for the sale, redemption, and foreclosure in ordinary tax matters shall apply to these special assessments. The drainage district may file a claim against any county, city, village, railroad company, or other corporation, private or public, for the share of any annual apportionment to be paid by any such subdivision or corporation, and if the same is not paid, it may be recovered by action in court. The county treasurer shall on demand pay all funds in his hands to the credit of the drainage district, to the treasurer thereof.
Source
Laws 1969, c. 245, § 11, p. 902;
Laws 1979, LB 187, § 132.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-425 - Rules and regulations; powers of board; amendments; record.

31-425.
Rules and regulations; powers of board; amendments; record.
The board of directors shall adopt and have recorded with the county clerk such rules and regulations as may be reasonable and proper for the work in hand, and such rules shall provide what officers the district shall have. The rules may be changed from time to time but all amendments shall be duly recorded with the county clerk.
Source
Laws 1907, c. 153, § 19, p. 482;
R.S.1913, § 1889;
C.S.1922, § 1837;
C.S.1929, § 31-525;
R.S.1943, § 31-425.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-426 - Employees; contracts for construction and repair; estimates; letting; purchase of machinery; personal interest in contracts prohibited; effect.

31-426.
Employees; contracts for construction and repair; estimates; letting; purchase of machinery; personal interest in contracts prohibited; effect.
The board of directors shall employ such engineer, surveyor, and other help, as it may deem necessary and proper, and shall proceed according to its best judgment to carry out such work of the character provided for by sections 31-401 to 31-450 as it deems advisable for the public health, convenience and welfare. The board of directors shall in its discretion, from time to time, determine whether the necessary work shall be done by hiring by the day, or by contract. Before any contract shall be let, estimates of the cost thereof shall be made, and the contract price shall not exceed the estimate. No officer or director shall be in any way interested in any such contract, and any such contract shall be void if any officer or director is interested therein, and no recovery shall be had thereon;
Provided, however,
that nothing in this section shall be construed to prevent the board of directors from hiring one of its members by the day to superintend maintenance work within the district. The board of directors shall likewise, when in its judgment it is for the best interest of the district, be empowered to purchase all necessary machinery and equipment for the purpose of maintaining, cleaning out or reconstructing existing ditches, or for the purpose of constructing new ditches within the district, and for such work may hire by the day, week or month, all necessary help.
Source
Laws 1907, c. 153, § 20, p. 483;
R.S.1913, § 1890;
Laws 1921, c. 280, § 1, p. 924;
C.S.1922, § 1838;
C.S.1929, § 31-526;
R.S.1943, § 31-426.
Annotations
This section indicates necessity of first, with aid of engineer, making detailed plans of the public work to be done. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).
District, through its officers, is given discretion to adopt and carry out plans for drainage, without ordinarily being required to preserve ditches in perpetuity after once constructed. Compton v. Elkhorn Valley Drainage Dist., 120 Neb. 94, 231 N.W. 685 (1930).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-427 - Directors; compensation.

31-427.
Directors; compensation.
The board of directors shall receive two dollars per day compensation for time actually employed in the business of the district, not exceeding one hundred dollars each per year, but reasonable allowance shall be made for necessary clerical work and assistance.
Source
Laws 1907, c. 153, § 21, p. 483;
R.S.1913, § 1891;
C.S.1922, § 1839;
C.S.1929, § 31-527;
R.S.1943, § 31-427.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-429 - Draining lands into district ditches; requirements.

31-429.
Draining lands into district ditches; requirements.
Lands within the drainage district which have been assessed for benefits may, under general rules and regulations to be made by the board of directors applicable to all similarly situated, be drained by the owners thereof by tiling or otherwise into the main or lateral drains. Owners of land within the district not assessed, or without the district, may drain such lands into the main or lateral drains of the drainage district upon contracting with the board of directors for the privilege, and paying therefor, but not otherwise.
Source
Laws 1907, c. 153, § 23, p. 483;
R.S.1913, § 1893;
C.S.1922, § 1841;
C.S.1929, § 31-529;
R.S.1943, § 31-429.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-430 - Power to cross highways and railroads.

31-430.
Power to cross highways and railroads.
The district may dig ditches and drains under and across railroads and public highways.
Source
Laws 1907, c. 153, § 24, p. 484;
R.S.1913, § 1894;
C.S.1922, § 1842;
C.S.1929, § 31-530;
R.S.1943, § 31-430.
Annotations
Section is constitutional and the county can impose no conditions. Douglas County v. Papillion Drainage District, 92 Neb. 771, 139 N.W. 718 (1913).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-431 - Records; filing; fees of county clerk.

31-431.
Records; filing; fees of county clerk.
The originals of all contracts of every kind in writing, made by or with the board of directors or officers, with reference to the construction or use of such public work, or the rights or obligations of the drainage district therein, shall be filed and recorded with the county clerk, who shall receive for all services the fees allowed by law for similar services.
Source
Laws 1907, c. 153, § 25, p. 484;
R.S.1913, § 1895;
C.S.1922, § 1843;
C.S.1929, § 31-531;
R.S.1943, § 31-431.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-432 - Director conveying or losing interest in land; vacancy created.

31-432.
Director conveying or losing interest in land; vacancy created.
If any director shall sell and convey his assessed realty and not be an officer of a company interested, he shall no longer serve as director or officer.
Source
Laws 1907, c. 153, § 26, p. 484;
R.S.1913, § 1896;
C.S.1922, § 1844;
C.S.1929, § 31-532;
R.S.1943, § 31-432.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-433 - Appeal; time; effect.

31-433.
Appeal; time; effect.
Any appeal to the Court of Appeals on any matter under sections 31-401 to 31-450 shall be taken within thirty days after the entry of the judgment, decree, or final order or within thirty days after the entry of the order overruling a motion for a new trial in such cause. Any such appeal shall not operate to stay proceedings.
Source
Laws 1907, c. 153, § 27, p. 484;
R.S.1913, § 1897;
C.S.1922, § 1845;
C.S.1929, § 31-533;
R.S.1943, § 31-433;
Laws 1961, c. 138, § 4, p. 398;
Laws 1987, LB 33, § 7;
Laws 1991, LB 732, § 90;
Laws 1999, LB 43, § 19.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-434 - Elections; voting by proxies; when permitted.

31-434.
Elections; voting by proxies; when permitted.
At all elections any person living outside the different counties owning or controlling assessed real estate may vote by proxy duly authorized in writing on file with the county clerk.
Source
Laws 1907, c. 153, § 28, p. 484;
R.S.1913, § 1898;
C.S.1922, § 1846;
C.S.1929, § 31-534;
R.S.1943, § 31-434.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-435 - Accounts; treasurer's annual report; neglect by officers; penalty.

31-435.
Accounts; treasurer's annual report; neglect by officers; penalty.
The officers of the district shall keep good, complete and businesslike records of all receipts and disbursements, and the purpose thereof and of all business transacted, and all books, papers and vouchers shall at all times be subject to public inspection. The treasurer shall annually make detailed report in writing of all receipts and disbursements, which report shall contain a statement of the funds on hand belonging to the district, together with the amount if any in the hands of the county treasurer, and all money received during the preceding year from all sources, and shall show all items of disbursement, the person or persons to whom, and the object for which the same has been paid out, including all compensation paid to officers of said district, and all other expenses of administration. The statement shall be verified under oath, and a copy of the same shall be filed with the county clerk of each county having land within said district, April 1 of each year, and the treasurer shall have such report subject to inspection at each annual meeting. If any such treasurer shall fail or neglect to make out such report or to file the same with the county clerk, or if any officer of such drainage district shall neglect or refuse to submit for inspection any records or papers of said district upon demand of any person interested, or shall otherwise neglect to perform any duties imposed upon him by this section, he shall be guilty of a Class V misdemeanor.
Source
Laws 1907, c. 153, § 29, p. 484;
R.S.1913, § 1899;
Laws 1915, c. 28, § 1, p. 90;
C.S.1922, § 1847;
C.S.1929, § 31-535;
R.S.1943, § 31-435;
Laws 1977, LB 40, § 117.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-436.01 - Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure; funds; distribution.

31-436.01.
Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure; funds; distribution.
When any drainage district organized under the provisions of sections 31-401 to 31-408 is comprised of territory located in more than one county and is inactive for a period of at least five years, as determined by resolution of the county board of the county in which such district was organized, the county board may initiate action for dissolution of the district in the manner provided in subsection (1) of section 31-436. When any drainage district is dissolved as authorized in this section, any remaining funds of the district shall be distributed to the counties in which the district is situated in the same proportion as the area of the district in each county bears to the total area of the district, and shall be deposited in the general fund of the respective counties.
Source
Laws 1967, c. 187, § 3, p. 513.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-437 - Sections construed; limitation on powers.

31-437.
Sections construed; limitation on powers.
None of the provisions of sections 31-401 to 31-450 shall be construed as repealing or in anywise modifying the provisions of any other act relating to the subject of drainage. Nothing therein contained shall be deemed to authorize any drainage district to divert the waters of any river, creek, stream, canal or ditch from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch or the waters therein, unless proper compensation be ascertained and paid therefor under the laws of this state relating to the taking of private property for public use. No change of the channel or location of any river or stream dividing counties shall operate to relieve either county from contribution to the building and repairing of any bridge over such river or stream, but said liability shall continue, notwithstanding work done under said sections may remove any river or stream from the boundary line between counties.
Source
Laws 1907, c. 153, § 31, p. 485;
R.S.1913, § 1901;
C.S.1922, § 1849;
C.S.1929, § 31-537;
R.S.1943, § 31-437.
Annotations
Right of landowner to recover compensation for taking of private property for public use is recognized. Armbruster v. Stanton-Pilger Drainage Dist., 169 Neb. 594, 100 N.W.2d 781 (1960).