reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1623 - Improvements; plat; benefits; schedule of proposed special assessments; notice; hearing.

39-1623.
Improvements; plat; benefits; schedule of proposed special assessments; notice; hearing.
After the completion of any improvements, the engineer shall file with the clerk of the district a complete statement of all the costs of such improvement, a plat of the property in the district specially benefited thereby, and a schedule of the amount proposed to be assessed against each separate piece of property as a special assessment. A copy of the plat and a schedule of the proposed special assessment shall be filed in the office of the county clerk of the county in which the greater portion of the area of the district is located for public inspection. The trustees of the district shall then order the clerk of the district to give notice that the plat and schedule are on file with the county clerk where the plat and schedule are kept for examination, and that all objections thereto or to prior proceedings on account of errors, irregularities, or inequalities not made in writing and filed with the clerk of the district within twenty days after first publication of the notice shall be deemed to have been waived. Such notice shall be given by publication, once each week during two consecutive weeks, in a newspaper of general circulation in the district and whenever possible by giving notice in writing by either registered or certified mail to the owner of each separate piece of property against which a special assessment is proposed. The notice shall state the time and place where objections are to be filed. The time of such hearing shall be determined in the manner stated in section 39-1624. Any objections so filed shall be considered by the trustees of the district.
Source
Laws 1957, c. 155, art. III, § 23, p. 534;
Laws 2015, LB361, § 55.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1624 - Proposed special assessments; hearing; equalization; consent.

39-1624.
Proposed special assessments; hearing; equalization; consent.
The hearing on the proposed assessment shall be held by the trustees of the district sitting as a board of adjustment and equalization at the time and place specified in the notice provided for by section 39-1623. Such date of hearing shall not be less than twenty days nor more than thirty days after the first publication of the notice thereof, unless such session be adjourned with provisions for proper notice of such adjournment. At such meeting the proposed assessment shall be adjusted and equalized with reference to benefits resulting from the improvement and shall not exceed such benefits. If the owners of all properties on which special assessments are proposed to be assessed file a consent in writing with the clerk of the district to the proposed assessment, the notice and meeting for adjustment, as provided in this section and section 39-1623, need not be given or had.
Source
Laws 1957, c. 155, art. III, § 24, p. 535.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1625 - Special assessments; levy; relevy; certification.

39-1625.
Special assessments; levy; relevy; certification.
After the equalization of such special assessments, as herein required, the same shall be levied by the trustees of the district upon all lots or parcels of ground within the district which are especially benefited by reason of the improvement, as set forth in sections 39-1601 to 39-1636. The same may be relevied if, for any reason, the levy thereof is void, or not enforceable, and in an amount not exceeding the previous levy. Such levy shall be enforced as other special assessments and any payments thereof under any previous levies shall be credited to the person or property making the same. The levy when made shall be certified by the clerk of the district to the county clerk of the county in which the property to be assessed is located and collected by the county treasurer in the same manner as general taxes and shall be subject to the same penalties.
Source
Laws 1957, c. 155, art. III, § 25, p. 535.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1626 - Special assessments; when delinquent; interest.

39-1626.
Special assessments; when delinquent; interest.
All special assessments provided for by sections 39-1601 to 39-1636 shall become due fifty days after date of levy and may be paid within that time without interest, but if not so paid shall bear interest as provided in section 39-1615. Such assessments shall become delinquent as stated in section 39-1615, or otherwise in equal annual installments over such period of years as the board of trustees may determine at the time of making the levy.
Source
Laws 1957, c. 155, art. III, § 26, p. 536.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1627 - Assessment paving bonds; amount; term; sinking fund.

39-1627.
Assessment paving bonds; amount; term; sinking fund.
For the purpose of paying the costs of the assessment portion of the work, the district shall issue its negotiable assessment paving bonds, referred to in section 39-1616, in an amount determined by deducting the special assessments paid within the period provided in section 39-1626 from the total assessment costs. The bonds shall mature in not more than twenty years as determined by the board of trustees of the district. The assessments plus interest collected after the fifty-day waiting period shall be deposited in an assessment bond sinking fund and, if for any reason, the assessments so collected are not sufficient to pay the assessment bonds when due, it shall be the mandatory duty of the board of trustees of the district to cause to be collected as a tax in the manner referred to in subsection (1) of section 39-1621 against all the property in the district sufficient to make good such deficiencies so that the assessment bonds shall be paid promptly at their respective due dates.
Source
Laws 1957, c. 155, art. III, § 27, p. 536.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1628 - Bonds; issuance; approval by district court.

39-1628.
Bonds; issuance; approval by district court.
The board of trustees of a road improvement district organized under the provisions of sections 39-1601 to 39-1636 shall, before issuing any bonds of such district, commence special proceedings, as provided for by section 39-1629, in and by which the proceedings of the board and of the district providing for and authorizing the issuance of the bonds of the district shall be judicially examined, approved, and confirmed, or disapproved and disaffirmed.
Source
Laws 1957, c. 155, art. III, § 28, p. 536.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1629 - Bonds; approval by district court; petition; contents.

39-1629.
Bonds; approval by district court; petition; contents.
The board of trustees of the district shall, as directed in section 39-1628, file in the district court of the county in which the lands of the district, or the greater portion thereof, are situated, a petition praying in effect that the proceedings may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings had for issuance of the bonds, and shall state generally that the road improvement district was duly organized, and that the first board of trustees was duly elected. The petition need not state the facts showing such organization of the district or the election of the first board of trustees. A person or persons owning or desirous of purchasing such bonds when issued may bring such action, if the board shall fail to do so, or may become a party to any such action commenced by the board of trustees of such a district.
Source
Laws 1957, c. 155, art. III, § 29, p. 537.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1630 - Bonds; approval by district court; hearing; notice.

39-1630.
Bonds; approval by district court; hearing; notice.
The court shall fix the time for the hearing of the petition, and shall order the clerk of the court to give and publish a notice of the filing of the petition. The notice shall be given as is provided by subsection (1) of section 39-1604, unless other or different notice is fixed by the court. The notice shall state the time and place fixed for the hearing of the petition, the prayer of the petition, and that any person interested in the organization of the district, or in the proceedings for the issuance of the bonds, may, on or before the day fixed for the hearing of the petition, move to dismiss the petition or answer thereto. The petition may be referred to and described in the notice as the petition of ....................... (giving its name) praying that the proceedings for the issuance of such bonds of such district may be examined, approved, and confirmed by the court.
Source
Laws 1957, c. 155, art. III, § 30, p. 537;
Laws 1959, c. 167, § 6, p. 611.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1631 - Bonds; approval by district court; interested parties; pleadings.

39-1631.
Bonds; approval by district court; interested parties; pleadings.
Any person, interested in the district or in the issuance of the bonds thereof, may move to dismiss the petition or answer thereto. The provisions of the Code of Civil Procedure respecting motions and answer to a petition shall be applicable to motions and answer to the petition in such special proceedings. The persons filing motions or answering the petition shall be the defendants to the special proceedings, and the board of trustees shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceedings, be taken as true. Each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsistent with the provisions of sections 39-1601 to 39-1636, are applicable to the special proceedings herein provided for.
Source
Laws 1957, c. 155, art. III, § 31, p. 537.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1632 - Bonds; jurisdiction of district court; trial; judgment; costs; determination of validity.

39-1632.
Bonds; jurisdiction of district court; trial; judgment; costs; determination of validity.
Upon the hearing of such special proceedings, the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, or disapprove and disaffirm, each and all of the proceedings for the organization of such district under sections 39-1601 to 39-1636 from and including the petition for the organization of the district and all other proceedings which may affect the legality or validity of the bonds. The court, in inquiring into the regularity, legality, or correctness of such proceedings, must disregard an error, irregularity, or omission which does not affect the substantial rights of the parties to such special proceedings. It may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall, among other things, find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed in sections 39-1601 to 39-1636. The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court. If the court shall determine the proceedings for the organization of the district and the issuing of the bonds legal and valid, the board of trustees shall then prepare a written statement beginning with the filing of the petition for the organization of the district, including all subsequent proceedings for the organization of the district and the issuing of the bonds, and ending with the decree of the court finding the proceedings for the organization of the district and the proceedings for the voting and issuing of the bonds legal and valid. The written statement shall be certified under oath by the board of trustees of the district.
Source
Laws 1957, c. 155, art. III, § 32, p. 538;
Laws 2001, LB 420, § 28.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1633 - Agreements with county, state, and federal governments; proration of costs; application of payments and contributions.

39-1633.
Agreements with county, state, and federal governments; proration of costs; application of payments and contributions.
The district may enter into agreements with the State of Nebraska, the federal government, or the county or counties in which the district is located, whereby certain portions of the costs will be assumed and paid by any or all of such agencies and such payments or contributions shall be applied by the board of trustees to reduce such costs and assessments to the property owners of the district.
Source
Laws 1957, c. 155, art. III, § 33, p. 539.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1634 - Maintenance of improvements; county responsibility; reimbursement by district.

39-1634.
Maintenance of improvements; county responsibility; reimbursement by district.
The maintenance and care of the improvements shall be performed by the county or counties in which such district is located but the district shall reimburse the county or counties for such costs up to the limits of funds provided for in the adopted budget statement which are available from the maintenance tax, after paying other costs of operation of the district from such tax.
Source
Laws 1957, c. 155, art. III, § 34, p. 539;
Laws 1969, c. 145, § 36, p. 695;
Laws 1979, LB 187, § 160.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1635 - Annexation of territory by a city or village; effect on certain contracts.

39-1635.
Annexation of territory by a city or village; effect on certain contracts.
Whenever any city or village annexes all the territory within the boundaries of any road improvement district organized under sections 39-1601 to 39-1636.01, the district shall merge with the city or village and the city or village shall succeed to all the property and property rights of every kind, contracts, obligations, and choses in action of every kind, held by or belonging to the district, and the city or village shall be liable for and recognize, assume, and carry out all valid contracts and obligations of the district. All taxes, assessments, claims, and demands of every kind due or owing to the district shall be paid to and collected by the city or village. Any special assessments which the district was authorized to levy, assess, relevy, or reassess, but which were not levied, assessed, relevied, or reassessed, at the time of the merger, for improvements made by it or in the process of construction or contracted for may be levied, assessed, relevied, or reassessed by the annexing city or village to the same extent as the district may have levied or assessed but for the merger. Nothing in this section shall authorize the annexing city or village to revoke any resolution, order, or finding made by the district in regard to special benefits or increase any assessments made by the district, but such city or village shall be bound by all such findings or orders and assessments to the same extent as the district would be bound. No district so annexed shall have power to levy any special assessments after the effective date of such annexation.
Source
Laws 2018, LB130, § 10.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1635.01 - Annexation; trustees; accounting; effect.

39-1635.01.
Annexation; trustees; accounting; effect.
The trustees of a road improvement district shall, within thirty days after the effective date of the merger, submit to the city or village a written accounting of all assets and liabilities, contingent or fixed, of the district. Unless the city or village within six months thereafter brings an action against the trustees of the district for an accounting or for damages for breach of duty, the trustees shall be discharged of all further duties and liabilities and their bonds exonerated. If the city or village brings such an action and does not recover judgment in its favor, the taxable costs may include reasonable expenses incurred by the trustees of the road improvement district in connection with such suit and a reasonable attorney's fee for the trustees' attorney. The city or village shall represent the district and all parties who might be interested in such an action. The city or village and such trustees shall be the only necessary parties to such action. Nothing contained in this section shall authorize the trustees to levy any special assessments after the effective date of the merger.
Source
Laws 2018, LB130, § 11.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1635.02 - Annexation; when effective; trustees; duties; special assessments prohibited.

39-1635.02.
Annexation; when effective; trustees; duties; special assessments prohibited.
The merger shall be effective thirty days after the effective date of the ordinance annexing the territory within the road improvement district. If the validity of the ordinance annexing the territory is challenged by a proceeding in a court of competent jurisdiction, the effective date of the merger shall be thirty days after the final determination of the validity of the ordinance. The trustees of the road improvement district shall continue in possession and conduct the affairs of the district until the effective date of the merger, but shall not during such period levy any special assessments after the effective date of annexation.
Source
Laws 2018, LB130, § 12.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1636 - Improvements; plans and specifications; court validation proceedings and decree; filing.

39-1636.
Improvements; plans and specifications; court validation proceedings and decree; filing.
Each time any improvement is made to any road, street, or highway in the district, a copy of the plans and specifications shall be filed in the office of the county highway superintendent of the county or counties in which such district is located. After the court decree of validation has been entered, a copy of the pleadings and showings, as well as the final decree of the court, shall be filed in the office of the county clerk and the county engineer in the county or counties in which the road improvement district is located.
Source
Laws 1957, c. 155, art. III, § 36, p. 539.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1636.01 - Road lighting system; petition; special assessment; limitation.

39-1636.01.
Road lighting system; petition; special assessment; limitation.
If a petition signed by sixty percent of the electors of any district is filed with the county clerk of the county in which such district is located, the board of trustees of any road improvement district may contract for the installment, maintenance, and operation of road lighting systems sufficient to light any road in the district or any portion thereof when, in the judgment of the board of trustees, the lighting of such road or any portion thereof is in the interest of public safety. The cost of installing, maintaining, and operating such road lighting systems shall be levied as a special assessment against the real property specially benefited thereby in proportion to the benefit received. No such special assessment shall exceed thirty-five cents on each one hundred dollars upon the taxable valuation of such property.
Source
Laws 1961, c. 201, § 1, p. 604;
Laws 1979, LB 187, § 161;
Laws 1992, LB 719A, § 140;
Laws 2015, LB361, § 56.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1637 - Road districts; commissioner counties; seven or more commissioners; assessment; levy; limitation; fund; use.

39-1637.
Road districts; commissioner counties; seven or more commissioners; assessment; levy; limitation; fund; use.
In counties under a seven or more commissioner form of government, each former township shall be a road district and fifty-one percent of the resident freeholders of such district may petition the county board of the county in which such district is located to levy an assessment of not to exceed two and one-tenth cents on each one hundred dollars upon the taxable value of all the taxable property in such district subject to section 77-3443. Upon receipt of the petition, the board of county commissioners shall make the assessment as requested on the taxable value of all the taxable property in such district at the valuation fixed by the assessor or board of equalization, to be levied and collected the same as other taxes. Such taxes shall (1) be and become a part of the district road fund in which the same are levied, (2) be used exclusively in improving the public highways in such district, and (3) not be transferred to any other fund. The board of county commissioners shall designate the road or roads in such district where such levy shall be expended.
Source
Laws 1957, c. 155, art. III, § 37, p. 540;
Laws 1979, LB 187, § 162;
Laws 1992, LB 719A, § 141;
Laws 1996, LB 1114, § 58.
Cross References
Road districts in township counties without road unit system, see section 39-1520.01.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1638 - Rural road improvement district; terms, defined.

39-1638.
Rural road improvement district; terms, defined.
For purposes of the Rural Road Improvement District Act, unless the context otherwise requires:
(1) Persons shall include individuals, corporations, partnerships, and limited liability companies;
(2) Board, board of county commissioners, or board of county supervisors shall mean the governing body of the county; and
(3) Improvement shall mean the completed road and all work incidental thereto.
Source
Laws 1963, c. 213, § 1, p. 680;
Laws 1981, LB 200, § 1;
Laws 1993, LB 121, § 212.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1639 - Resolution; contents.

39-1639.
Resolution; contents.
Any county may establish and construct new roads, change or extend existing roads, and improve such roads by grading, surfacing, draining and incidental work by the board on its own initiative declaring the advisability or necessity therefor in a proposed resolution, which resolution shall state (1) the road or roads to be improved, (2) if a new road is contemplated, the general location of the new road or changes in location of an existing road, (3) the general description of the proposed improvement, and if the road is to be surfaced, the materials to be used therefor, (4) a rough estimate of the total cost of the improvement, which may be made by the county surveyor or any engineer or competent person and need not be based on detailed plans and specifications, (5) proposed method of financing, and (6) the outer boundaries of the district in which it is proposed to levy special assessments.
Source
Laws 1963, c. 213, § 2, p. 680;
Laws 1981, LB 200, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1640 - Petition; filing; contents.

39-1640.
Petition; filing; contents.
When a petition is filed with the county clerk signed by persons owning not less than twenty-five percent of the area in the proposed district requesting the formation of a district, the governing body of the county in which the proposed district is located shall prepare and propose the resolution as provided in section 39-1639. The petition shall state the improvements desired and the property to be included in the district.
Source
Laws 1963, c. 213, § 3, p. 681.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1641 - Petition; hearing; notice.

39-1641.
Petition; hearing; notice.
The board shall set a time and place for hearing on the proposed resolution and give notice thereof by publication in a newspaper of general circulation in the county on the same day each week during two successive weeks immediately prior to such meeting and posting such notice in three conspicuous places in the proposed district.
Source
Laws 1963, c. 213, § 4, p. 681.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1642 - Petition; hearing; objections; resolution of county board; contents.

39-1642.
Petition; hearing; objections; resolution of county board; contents.
If persons owning more than fifty percent in area of the real property in the proposed district file with the county clerk prior to the time set for hearing written objections to the formation of the district stating the reasons for their objections, the resolution shall not be passed. At the hearing, all persons interested in the proposed improvement shall be given an opportunity to be heard on any matters affecting the formation of the district or the improvements to be made therein. The hearing may be continued from time to time to give opportunity to ascertain all pertinent information. At or following said hearing the board may pass the resolution as proposed, amend the resolution and pass the amended resolution, or deny passage of the resolution. The amendments may, among other things, exclude any tracts included in the proposed resolution, include additional property in the district, or change the boundaries of the proposed district.
Source
Laws 1963, c. 213, § 5, p. 681;
Laws 1981, LB 200, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1643 - Advisory committee; appointment; compensation; expenses.

39-1643.
Advisory committee; appointment; compensation; expenses.
The board on passing the resolution creating the district shall appoint an advisory committee of not less than three persons residing in the district to advise with the board on all matters affecting the road improvement in the district, financing the cost thereof, and the levy of special assessments. The board may from time to time replace any person who resigns or refuses to act or appoint additional members to the advisory committee. The members of the committees shall receive no compensation for their services, but may be reimbursed for expenses incurred by them in performing their duties, with reimbursement for mileage to be computed at the rate provided in section 81-1176, and the amount thereof shall be included in the cost of the improvement.
Source
Laws 1963, c. 213, § 6, p. 681;
Laws 1981, LB 204, § 60;
Laws 1996, LB 1011, § 24.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1644 - District; name; improvements; contract; county board; gifts and contributions; letting of bids.

39-1644.
District; name; improvements; contract; county board; gifts and contributions; letting of bids.
The district when formed shall be known as Rural Road Improvement District No. ........ of .................... County. The district shall not include any lands located within a village or city. The board shall proceed as expeditiously as possible to make detailed plans for the improvement and improve the roads as generally outlined in the resolution, but may make such changes in the general plan of improvement found necessary to make the improvement more adequate. The improvement may include culverts, bridges and other drainage work and the county may construct fences along the right-of-way or contract with the adjoining owners to move any existing fences or construct new fences. The county may obtain any property necessary for the improvement by gift, purchase or by eminent domain. The county may accept gifts or contributions to assist in the costs of the improvement and may contract with the state or federal government for assistance in making said improvement and defraying the cost thereof. The county may contract for the entire improvement or any part thereof or may purchase the materials and do part of the work with its own equipment and employees. If the work is done by contract, bids shall be taken and the contract let in the same manner as letting other contracts for county work. The county may employ special engineers and special counsel to assist in the improvement and their compensation shall be considered as a part of the cost of the improvement.
Source
Laws 1963, c. 213, § 7, p. 682.
Annotations
Authority of county commissioners to establish or extend roads, under the provisions of this act, depends not only upon following the provisions of the act but also upon their acquisition of the necessary right-of-way. State ex rel. Stansbery v. Schwasinger, 205 Neb. 457, 289 N.W.2d 506 (1980).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1645 - Improvements; cost; partial payment; warrants; interest.

39-1645.
Improvements; cost; partial payment; warrants; interest.
To pay the cost of the improvement as the work progresses the county may issue progress warrants drawn against the rural road improvement fund for the total cost of materials purchased on receipt of the materials, for the right-of-way acquired, for engineering and legal expense, and other incidental expenses, and ninety-five percent of the cost of the work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project by the contractor as certified by the engineer in charge. On completion of the contract and the acceptance of the improvement by the county, a warrant may be drawn for the balance due the contractor. The warrants shall draw interest at the rate set by the county board. The county shall pay to the contractor interest, at the rate of eight percent per annum on the amounts due on partial and final payments, beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body and running until the date that the warrant is tendered to the contractor.
Source
Laws 1963, c. 213, § 8, p. 682;
Laws 1969, c. 51, § 107, p. 339;
Laws 1975, LB 112, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1646 - Rural road improvement fund; establish; county board.

39-1646.
Rural road improvement fund; establish; county board.
The county shall establish a special fund for each district to be known as rural road improvement district No. ........... fund, and credit to said fund all contributions including money transferred from the county's general fund, all money collected as special assessments, or special levies against the property in the district, and all money received from the sale of the bonds issued under the provisions of section 39-1648. All expenses incurred in connection with the improvement and not paid out of the general funds of the county shall be paid by warrants drawn on said rural road improvement fund.
Source
Laws 1963, c. 213, § 9, p. 683.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1647 - Assessments; equalization; hearing; notice; publication; lien; interest.

39-1647.
Assessments; equalization; hearing; notice; publication; lien; interest.
On completion and acceptance of the improvement the engineer in charge shall make and file with the county clerk a statement of the complete cost of the improvements, including interest accruing on the progress warrants. The board with the assistance of the advisory committee and special counsel and engineer in charge shall determine what part of the costs shall be specially assessed to the property in the district and shall prepare a proposed schedule of assessments against all properties in the district deemed specially benefited by the improvements. Any land in the district may be specially assessed for the amount it is specially benefited even though the property does not adjoin the road improved. The board shall fix a time and place when it will sit as a board of adjustment and equalization and give notice thereof by publication on the same day of each week for two consecutive weeks immediately prior to the meeting in a newspaper of general circulation in the county and by mailing a copy of the notice to each record owner of property proposed to be specially assessed. At the meeting the board shall equalize and levy the special assessments. All special assessments provided for in this section shall be a lien on the property from date of levy and shall become due fifty days after date of levy and may be paid within that time without interest but if not so paid they shall bear interest thereafter at a rate established by the board not to exceed the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until delinquent. Such assessments shall become delinquent in equal annual installments over a period of not to exceed ten years as the board may determine at the time of making the levy. Delinquent installments shall bear interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until paid and shall be collected in the usual manner for the collection of taxes.
Source
Laws 1963, c. 213, § 10, p. 683;
Laws 1981, LB 167, § 30;
Laws 1991, LB 63, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1648 - Bonds; issuance; sale; maturity; interest; general obligation of county.

39-1648.
Bonds; issuance; sale; maturity; interest; general obligation of county.
On completion and acceptance of the improvement, the county shall issue and sell at not less than par bonds of the county in an amount sufficient to pay the balance of the costs of the improvements, taking into account the amounts collected on special assessments and any funds contributed to the district. The bonds shall mature in not to exceed ten years from their date and bear interest payable annually or semiannually. The bonds shall constitute a general obligation of the county, but all special assessments, special taxes, or contributions made to the district shall constitute a sinking fund for the payment of the bonds. The county shall collect all special assessments and special taxes and levy and collect annually a tax on all taxable property in the county sufficient in rate and amount to pay any deficiency on the amount required to pay both principal and interest on the bonds as the same fall due. The bonds and tax authorized in this section shall be in addition to all other bonds and taxes authorized by law and shall not be included in computing any statutory limitation on the amount of bonds or tax which may be issued or levied by the county.
Source
Laws 1963, c. 213, § 11, p. 684;
Laws 1969, c. 51, § 108, p. 340;
Laws 1992, LB 719A, § 142.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1649 - Roads of district; part of county road system; special levy; limitation; receipts; rural road improvement district fund.

39-1649.
Roads of district; part of county road system; special levy; limitation; receipts; rural road improvement district fund.
When the road improvements have been completed and accepted, the roads shall constitute a part of the county road system and shall be maintained by the county. If the owners of more than fifty percent of the area in the district petition the board for maintenance in excess of that given other similar county roads, the board may levy and collect annually a special levy of not to exceed three and five-tenths cents on each one hundred dollars on all taxable property in the district subject to section 77-3443. The money as collected shall be credited to the rural road improvement district fund and used only for the repair and maintenance of the roads in the district.
Source
Laws 1963, c. 213, § 12, p. 684;
Laws 1979, LB 187, § 163;
Laws 1992, LB 719A, § 143;
Laws 1996, LB 1114, § 59.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1650 - Advisory committee; enlarge district; proposal filed with county board.

39-1650.
Advisory committee; enlarge district; proposal filed with county board.
When it shall be deemed advisable by the advisory committee of the district to enlarge the boundaries thereof, and the conditions mentioned in section 39-1639 apply to such enlarged territory, a petition for the enlargement of the district, signed by persons owning not less than twenty-five percent of the territory proposed to be added to the district, may be filed with the county clerk and thereupon the board shall proceed in all respects as provided in sections 39-1640 to 39-1643, so far as applicable.
Source
Laws 1963, c. 213, § 13, p. 685.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1651 - District; withdrawal; petition; signatures required; hearing; notice; resolution of county board; obligation of district; effect.

39-1651.
District; withdrawal; petition; signatures required; hearing; notice; resolution of county board; obligation of district; effect.
A petition seeking the withdrawal of real property from such district, signed by persons owning not less than twenty-five percent of the territory proposed to be withdrawn may be filed with the county clerk. The board shall set a time and place for hearing as set forth in sections 39-1641 and 39-1642. At the hearing the board may pass a resolution permitting the withdrawal of the proposed territory. Any area withdrawn from the district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all the obligations outstanding at the time of filing the petition for withdrawal. An area withdrawn from a district shall not be subject to assessment or otherwise chargeable for any obligations of any nature or kind incurred after the withdrawal of the area from the district.
Source
Laws 1963, c. 213, § 14, p. 685.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1652 - District; consolidation; petition; hearing; notice; resolution of county board.

39-1652.
District; consolidation; petition; hearing; notice; resolution of county board.
Upon the filing of a petition with the county clerk by persons owning not less than twenty-five percent of the territory of each district of the county proposing a consolidation of the districts, the board shall set a time and place for hearing as set forth in sections 39-1641 and 39-1642. At the hearing the board may pass a resolution consolidating the districts petitioning to be consolidated.
Source
Laws 1963, c. 213, § 15, p. 685.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1653 - District; dissolution; petition; hearing; notice; resolution of county board; funds; disposition.

39-1653.
District; dissolution; petition; hearing; notice; resolution of county board; funds; disposition.
Upon the filing of a petition for dissolution with the county clerk by persons owning not less than twenty-five percent of the territory of the district, the board shall set a time and place for hearing as set forth in sections 39-1641 and 39-1642. At the hearing the board may pass a resolution dissolving the district. The board shall perform all acts necessary to wind up the affairs of the district. All funds remaining after discharge of the district's indebtedness shall be deposited in the general fund of the county.
Source
Laws 1963, c. 213, § 16, p. 686.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1654 - Sections, how construed.

39-1654.
Sections, how construed.
Sections 39-1638 to 39-1655 shall constitute a separate and independent act and shall not be considered as an amendment of any existing law.
Source
Laws 1963, c. 213, § 17, p. 686.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1701 - County road purposes; property acquisition; eminent domain; power of county board.

39-1701.
County road purposes; property acquisition; eminent domain; power of county board.
When in the judgment of the county board it is necessary or proper for the safety or convenience of the traveling public that additional property be secured for establishment of new roads or for improvement or maintenance of existing roads within the county, such board may on behalf of the county, take, hold and appropriate such property by the exercise of the power of eminent domain, the procedure therefor to be exercised in the manner set forth in Chapter 76, article 7. All costs, expenses, and damages incurred shall be paid out of the general fund of the county or the county road fund.
Source
Laws 1957, c. 155, art. IV, § 1, p. 540;
Laws 1973, LB 493, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1703 - State lands; acquisition for county road purposes; approval of Governor and Department of Transportation; damages.

39-1703.
State lands; acquisition for county road purposes; approval of Governor and Department of Transportation; damages.
The county board of any county and the governing authority of any city or village may acquire land owned, occupied, or controlled by the state or any state institution, board, agency, or commission, whenever such land is necessary to construct, reconstruct, improve, relocate, or maintain a county road or a city or village street or to provide adequate drainage for such roads or streets. The procedure for such acquisition shall, as nearly as possible, be that provided in sections 72-224.02 and 72-224.03. Prior to taking any land for any such purposes, a certificate that the taking of such land is in the public interest must be obtained from the Governor and from the Department of Transportation and be filed in the office of the Department of Administrative Services and a copy thereof in the office of the Board of Educational Lands and Funds. The damages assessed in such proceedings shall be paid to the Board of Educational Lands and Funds and shall be remitted by that board to the State Treasurer for credit to the proper account.
Source
Laws 1957, c. 155, art. IV, § 3, p. 542;
Laws 1969, c. 317, § 10, p. 1149;
Laws 2017, LB339, § 141.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1704 - County and township roads; establishment or alteration; survey and marking; county and township boards; duties.

39-1704.
County and township roads; establishment or alteration; survey and marking; county and township boards; duties.
Before establishing a new county or township road or before altering the location of an existing county or township road, the county board or the township board, if a township road is being established or altered, shall cause the line of such road to be accurately surveyed and plainly marked;
Provided,
such county board or township board shall be bound to comply with the provisions of this section only to the extent necessary to accurately determine and mark the location of such road.
Source
Laws 1957, c. 155, art. IV, § 4, p. 542.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1705 - Survey; boundary lines; how marked.

39-1705.
Survey; boundary lines; how marked.
The centerline of a road being altered or established shall be the centerline of survey. Each angle or change of direction must be accurately determined, and the length of each course carefully measured. The distance shall be ascertained to all watercourses and summits of hills along the line thereof where an expenditure of public money or labor will be required. The boundary line of each side of the road shall be marked by substantial stakes driven on the summits of hills, crossings of watercourses, and other convenient places, and in the prairie at reasonable intervals. All stakes driven to indicate said boundary lines shall be marked C. R., the initial letters of County Roads, on the sides facing the road and angles thereof.
Source
Laws 1957, c. 155, art. IV, § 5, p. 542.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1706 - Survey; monuments; bearing.

39-1706.
Survey; monuments; bearing.
Monuments of some durable material shall be firmly established on the centerline of survey at each angle or change of direction, and the bearing taken to any permanent natural or artificial object within a reasonable distance. The distance thereof must be accurately measured and, when the bearing is to a tree, the measurement shall be to the middle of the same.
Source
Laws 1957, c. 155, art. IV, § 6, p. 543.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1707 - Survey; plat; field notes; filing.

39-1707.
Survey; plat; field notes; filing.
A correct plat of the road, together with the field notes of the surveyor, shall be filed in the office of the county surveyor. Where no regular office is maintained in the county courthouse for the county surveyor such plat and field notes shall be filed with the county clerk.
Source
Laws 1957, c. 155, art. IV, § 7, p. 543.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1708 - Corner markers; perpetuation; duty of county board; notice of destruction.

39-1708.
Corner markers; perpetuation; duty of county board; notice of destruction.
It shall be the duty of the county board of each county to cause to be perpetuated the existing corners of land surveys along the public roads and highways where such corners are liable to destruction, either by public travel or construction or maintenance. The board shall cause to be established witness corners in at least two directions and cause such work to be recorded after the manner of other surveys. It shall be the duty of every person supervising the construction, improvement or maintenance of the public roads or highways, to notify the county surveyor of the destruction of any corners of land surveys. If there is no county surveyor in the county, then such notice shall be given to the county board.
Source
Laws 1957, c. 155, art. IV, § 8, p. 543.
Cross References
County surveyor, duties, see sections 23-1907 and 23-1908.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1709 - Corner markers; loss or destruction; report to county board; liability for failure to report.

39-1709.
Corner markers; loss or destruction; report to county board; liability for failure to report.
Any person having knowledge of the loss or destruction of a corner marker of a land survey, who shall fail or neglect to report the same in writing as provided in section 39-1708 shall be liable for the expense of the resurvey and restoration of such corner, and for any damage sustained by landowners by reason of such failure or neglect.
Source
Laws 1957, c. 155, art. IV, § 9, p. 544.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1710 - New or altered roads; plats; records; duties of county board.

39-1710.
New or altered roads; plats; records; duties of county board.
After a new road has been established or an existing road altered, the county board shall cause the plat of such road to be recorded and platted in the road plat record of the county with a proper reference to the files in the office of the county clerk where the papers relating to the same may be found.
Source
Laws 1957, c. 155, art. IV, § 10, p. 544.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1711 - Road plat record; contents; entries, when made; duties of county board.

39-1711.
Road plat record; contents; entries, when made; duties of county board.
The county board shall cause a road plat record to be kept in which every road that is legally laid out must be platted. Each township shall be platted separately, on a scale of not less than four inches to the mile. All changes in or additions to the roads shall be immediately recorded and entered on the proper page of the road plat record with appropriate reference to the files in the office of the county clerk in which the papers relating to the same may be found.
Source
Laws 1957, c. 155, art. IV, § 11, p. 544.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1712 - Resurvey; when ordered.

39-1712.
Resurvey; when ordered.
When by reason of the loss or destruction of the field notes of the original survey, or in cases of defective surveys or record, or in cases of such numerous alterations of any road since the original survey that its location cannot be accurately defined by the papers on file in the proper office, the county board may, if it deems it necessary, cause such road to be resurveyed, platted and recorded as provided in sections 39-1705 to 39-1707.
Source
Laws 1957, c. 155, art. IV, § 12, p. 544.