reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-531 - Enlarged district; eminent domain; borrowing money; bonds; interest; issuance; election.

31-531.
Enlarged district; eminent domain; borrowing money; bonds; interest; issuance; election.
Such enlarged district shall have the power of eminent domain under the same conditions as the original sanitary drainage district. Such enlarged district may borrow money for corporate purposes and issue bonds therefor, but it shall not become indebted in any manner to an amount exceeding one and four-tenths percent of the taxable valuation of the property in the district for county purposes. Before incurring any indebtedness, the question shall be submitted to the certified voters of the district in the manner provided by law for submitting the question of bond issue by the county for internal improvements.
Source
Laws 1919, c. 240, § 8, p. 1002;
C.S.1922, § 1887;
C.S.1929, § 31-625;
R.S.1943, § 31-531;
Laws 1969, c. 51, § 94, p. 332;
Laws 1979, LB 187, § 137;
Laws 1992, LB 719A, § 124;
Laws 2001, LB 420, § 25.
Cross References
Issuance of bonds by county for internal improvements, see section 10-401 et seq.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-532 - Enlarged district; procedure for apportioning benefits.

31-532.
Enlarged district; procedure for apportioning benefits.
Such enlarged sanitary drainage district shall have power to defray the expenses of any improvement made by it and to defray the expenses of carrying into execution the powers hereby granted by general taxation or by special assessment or partly by special assessment and partly by general taxation as the trustees may by order determine. It shall constitute no defense to any tax or special assessment that the improvements for which the same is imposed lies partly or wholly outside the limits of such district. No property shall be assessed more than it is benefited by the improvement for which the assessment is levied. The proceedings for apportioning the benefits and imposing a special assessment by the trustees of such enlarged district shall be the same as those for apportioning benefits and levying of special assessments in sanitary drainage districts organized under sections 31-401 to 31-449.
Source
Laws 1919, c. 240, § 9, p. 1003;
C.S.1922, § 1888;
C.S.1929, § 31-626;
R.S.1943, § 31-532.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-533 - Enlarged district; trustees; salary.

31-533.
Enlarged district; trustees; salary.
The trustees shall each receive as his salary the sum of seven hundred dollars per annum, payable quarterly.
Source
Laws 1919, c. 240, § 10, p. 1003;
Laws 1921, c. 108, § 1, p. 382;
C.S.1922, § 1889;
C.S.1929, § 31-627;
R.S.1943, § 31-533;
Laws 1953, c. 100, § 1, p. 277.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-534 - Trustees; bond; amount; conditions; payment of premium.

31-534.
Trustees; bond; amount; conditions; payment of premium.
Each trustee of any such district shall, prior to entering upon his office, execute and file with the county clerk of the county in which said district, or the greater portion of the area thereof, is located, his bond, with one or more sureties, to be approved by the county clerk, running to the State of Nebraska, in the penal sum of five thousand dollars, conditioned for the faithful performance by said trustee of his official duties and the faithful accounting by him for all funds and property of the district that shall come into his possession or control during his term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on said bond by any person, firm or corporation that has sustained loss or damage in consequence of the breach thereof.
Source
Laws 1921, c. 108, § 2, p. 383;
C.S.1922, § 1890;
C.S.1929, § 31-628;
R.S.1943, § 31-534.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-536 - Sanitary district; activities; discontinuance; election.

31-536.
Sanitary district; activities; discontinuance; election.
Any sanitary district organized under the provisions of sections 31-501 to 31-534, may discontinue its activities and work as an independent governmental subdivision of the state whenever the question of such discontinuance shall be submitted to and ratified by the electors of said district. The county board of commissioners or supervisors of a county in which a sanitary drainage district is located shall submit the question of discontinuance to the electors of the district any time after January 1, 1946, when there is filed with them either a resolution, by a majority of the district trustees, or a petition, by qualified electors of the district equal in number to five percent of the votes cast for Governor in the district at the last preceding general election, asking for such submission.
Source
Laws 1941, c. 56, § 1, p. 255;
C.S.Supp.,1941, § 31-630;
Laws 1943, c. 75, § 1, p. 258;
R.S.1943, § 31-536.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-537 - Sanitary district; activities; discontinuance; election; notice; form of ballot.

31-537.
Sanitary district; activities; discontinuance; election; notice; form of ballot.
Upon filing such a resolution of the trustees or such a petition of the qualified electors with it, it shall be the duty of the county board, at least twenty days prior to the next state election, either primary or general, to submit at such election, after having published a notice of such submission, the question of the discontinuance of the activities and work of such sanitary district to the electors of such sanitary district in the following form: Shall Sanitary Drainage District No. .......... discontinue its activities and work in order that the same shall be carried on by other governmental subdivisions, wholly or partly within the district, as provided by law? The ballots shall be prepared, the election conducted, and the vote canvassed as in county elections.
Source
Laws 1941, c. 56, § 2, p. 255;
C.S.Supp.,1941, § 31-631;
Laws 1943, c. 75, § 2, p. 258;
R.S.1943, § 31-537.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-538 - Sanitary district; activities; discontinuance; effect on powers of trustees and property rights.

31-538.
Sanitary district; activities; discontinuance; effect on powers of trustees and property rights.
(1) The result of such election shall be certified to the county board of the county in which such district is located, and if at such election a majority of the qualified electors actually voting in such sanitary district shall vote in favor of the discontinuance of the activities and work of the district, the trustees of such district shall thereupon cease the performance of their duties as such trustees, and the county board of the county in which such district is located shall thereupon act as trustees ex officio of the district and shall have all the powers, rights, and authority previously vested by law in the trustees of the district, but without additional compensation.
(2) Except as otherwise provided in section 31-543, all tangible property within the territorial limits of any city or village within such district, and any tangible property serving a particular city or village, such as a sanitary sewage treatment plant, and which could be operated and maintained by the particular city or village so served, shall be transferred and assigned to such city or village which shall, upon an acceptance of such transfer or assignment by its council or board of trustees or other local governing body, be thereafter wholly operated and maintained out of funds appropriated and levied by such city or village.
Source
Laws 1941, c. 56, § 3, p. 256;
C.S.Supp.,1941, § 31-632;
R.S.1943, § 31-538;
Laws 2022, LB800, § 332.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-539 - Sanitary district; activities; discontinuance; effect on contract rights.

31-539.
Sanitary district; activities; discontinuance; effect on contract rights.
Except as otherwise provided in section 31-543, all lawful claims, rights, and demands against such a district, and all contractual obligations of such a district, existing in any person at the time of discontinuance of the activities and work of such district, shall continue to subsist in such person and shall remain the charge and obligation of the sanitary district, and all claims and demands in favor of such district at the time of the discontinuance of its activities and work shall subsist in its favor and may be collected in the same manner as might have been theretofore done by the district.
Source
Laws 1941, c. 56, § 4, p. 256;
C.S.Supp.,1941, § 31-633;
R.S.1943, § 31-539;
Laws 2022, LB800, § 333.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-540 - Sanitary district; activities; discontinuance; effect on power to levy taxes.

31-540.
Sanitary district; activities; discontinuance; effect on power to levy taxes.
Except as otherwise provided in section 31-543, for the purpose of discharging obligations of such district incurred prior to the discontinuance of its activities and work as provided in sections 31-501 to 31-534, such district shall continue to have the power to levy taxes as provided in such sections, and thereafter the district shall have the power to levy and collect general taxes in an amount not to exceed one and seven-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district and shall have the power to levy special assessments in the manner and to the extent previously vested in such district.
Source
Laws 1941, c. 56, § 5, p. 256;
C.S.Supp.,1941, § 31-634;
R.S.1943, § 31-540;
Laws 1953, c. 287, § 52, p. 961;
Laws 1979, LB 187, § 138;
Laws 1992, LB 719A, § 125;
Laws 2022, LB800, § 334.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-541 - Sanitary district; activities; discontinuance; powers of county board; succession.

31-541.
Sanitary district; activities; discontinuance; powers of county board; succession.
Except as otherwise provided in section 31-543, the county board of the county within which such district is located shall take possession of all rights and personal property, books, papers and records of such district, and shall discharge the duties within the territorial limits of such district imposed by law upon the district. For the discharge of such services the county board may employ such officers, servants and agents as may be necessary in the manner provided by law.
Source
Laws 1941, c. 56, § 6, p. 257;
C.S.Supp.,1941, § 31-635;
R.S.1943, § 31-541;
Laws 2022, LB800, § 335.
Annotations
In case of discontinuance of district, county board discharges duties of district. Lang v. Sanitary District of Norfolk, 160 Neb. 754, 71 N.W.2d 608 (1955).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-542 - Sanitary district; activities; discontinuance; trustees subsequently elected; powers and duties.

31-542.
Sanitary district; activities; discontinuance; trustees subsequently elected; powers and duties.
Trustees elected subsequent to the adoption of the resolution or the petition provided for in section 31-536 shall be bound thereby, and shall surrender their office as provided for in section 31-538.
Source
Laws 1941, c. 56, § 7, p. 257;
C.S.Supp.,1941, § 31-636;
R.S.1943, § 31-542.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-542.01 - Sanitary district; discontinuance; contract with city or village; public hearing; notice.

31-542.01.
Sanitary district; discontinuance; contract with city or village; public hearing; notice.
(1) Notwithstanding any of the provisions of Chapter 31, article 5, the board of trustees of any sanitary district heretofore or hereafter organized under any of such sections, which includes within its boundaries any incorporated city or village, shall have full power without further authorization to contract with any such city or village for said district to discontinue the operation of any sanitary sewer system located within or serving such city or village, including any and all sewage treatment works or plants, and to convey, sell or otherwise transfer all of the properties used or useful for that purpose to any such city or village upon such terms and conditions as may be agreed upon between such city or village and such sanitary district. The sanitary district shall thereafter cease to have the authority to maintain, operate, construct, or assume jurisdiction of any sanitary sewers or treatment works within such city or village and the area served by such sanitary sewer system;
Provided,
that nothing contained in this section shall be construed as prohibiting such sanitary district from constructing, maintaining, and operating a sanitary sewer system or any part thereof in the area outside of the corporate limits of such city or village, pursuant to the provisions of Chapter 31, article 5.
(2) Before exercising any of the powers contained in subsection (1) of this section, the board of trustees of any such sanitary district shall hold a public hearing. At such public hearing it shall hear any and all persons interested with respect to: (a) Whether the proposed transfer of property and jurisdiction will eliminate duplication and promote efficiency in the collection and treatment of sewage in the area to be served by the existing sewerage system of such city or village and the sewage facilities which it is proposed be transferred to such city or village; (b) whether such city or village is capable of operating, maintaining, improving, financing, and otherwise providing for sewage collection and treatment in the geographic area in question; and (c) any other matters relating to the merits of the proposed transfer as they will affect the health and welfare of the inhabitants of the area to be served. Notice of such public hearing of the board of trustees shall be given by publication in a newspaper of general circulation in said district at least ten days prior to such hearing.
Source
Laws 1957, c. 114, § 1, p. 393;
Laws 1961, c. 138, § 6, p. 399.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-543 - Sanitary district; discontinuance; funds and property; city or riverfront development authority; rights and liability; conditions.

31-543.
Sanitary district; discontinuance; funds and property; city or riverfront development authority; rights and liability; conditions.
(1) For a discontinued sanitary district which lies solely within the zoning jurisdiction of a city, title to all funds and all other property and property rights of the discontinued district, and all taxes, assessments, and demands of every kind due or owing to the discontinued district, shall be vested in or paid to and collected by (a) such city or (b) except as specifically provided in subsection (3) of this section, the riverfront development authority established pursuant to section 19-5305 if such city has elected to create a riverfront development district pursuant to section 19-5304.
(2) The city or riverfront development authority described in subsection (1) of this section shall also be liable for and recognize, assume, and carry out all valid contracts and obligations of that portion of the discontinued district assumed by such city or authority, including all outstanding bonds, warrants, or other debts and financial obligations.
(3) For any discontinuance of a district under subdivision (1)(b) of this section, the riverfront development authority shall only take title to and ownership of that property or those property rights of the discontinued sanitary district contained within the boundaries of the riverfront development district managed by the authority. The city shall take title to and ownership of any discontinued sanitary district property outside the boundaries of such riverfront development district. The city or authority shall thereafter maintain any drainway or drainage or sewage system of that portion of the discontinued district conveyed or transferred to the city or authority.
Source
Laws 2022, LB800, § 336.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-549 - Sanitary district; extend beyond boundaries of municipality; inclusion by resolution of trustees.

31-549.
Sanitary district; extend beyond boundaries of municipality; inclusion by resolution of trustees.
Whenever a sanitary drainage district shall have been formed under sections 31-501 to 31-523, and trustees thereof have been elected, if such trustees find that a municipality formerly within the boundaries of such sanitary district has grown and enlarged its corporate limits beyond the boundaries of such sanitary district, the board of trustees may by resolution include the whole of the corporate area of such municipality within its boundaries by enlarging same.
Source
Laws 1955, c. 116, § 1, p. 308.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-550 - Sanitary district; enlarged district; resolution; file with county clerk.

31-550.
Sanitary district; enlarged district; resolution; file with county clerk.
The board of trustees shall cause a description of such enlarged district together with a certified copy of the resolution adopted to be filed with the county board of the county wherein such district is situated, and such district as so enlarged shall be deemed an organized sanitary drainage district and the trustees of such original district shall be the trustees of such enlarged district until their successors are duly elected and qualified.
Source
Laws 1955, c. 116, § 2, p. 309.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-551 - Sanitary districts; natural resources district; contract for services; transfer of assets; assignment of obligations.

31-551.
Sanitary districts; natural resources district; contract for services; transfer of assets; assignment of obligations.
Notwithstanding any of the provisions of Chapter 31, article 5, the board of trustees of any sanitary district heretofore or hereafter organized under any of such sections which includes within its boundary or partially within its boundary a natural resources district, shall have full power without further authorization to contract with such natural resources district, for said sanitary district to discontinue all its activities, including the operation of any and all drainage systems located within or serving such sanitary district and including the right to construct sewers lying outside the limits of any corporate city or village, all as is provided for in said Chapter 31, article 5. Said contract may also authorize the transfer of all properties and assets used or useful by said sanitary district, and the assignment of all obligations and liabilities of said sanitary district, to such natural resources district upon such terms and conditions as may be agreed upon between such natural resources district and such sanitary district.
Source
Laws 1961, c. 140, § 1, p. 405.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-552 - Sanitary districts; transfer of assets; hearing; notice.

31-552.
Sanitary districts; transfer of assets; hearing; notice.
Before exercising any of the powers contained in section 31-551, the board of trustees of any such sanitary district shall hold a public hearing. At such public hearing it shall hear any and all persons interested with respect to:
(1) Whether the proposed transfer of property and jurisdiction will eliminate duplication and promote efficiency in the drainage in the area served by said sanitary district;
(2) Whether such natural resources district is capable of operating, maintaining, improving, financing and otherwise providing for drainage in said area; and
(3) Any other matters relating to the merits of the proposed transfer as they will affect the health and welfare of the inhabitants of the area to be served.
Notice of such public hearing of the board of trustees shall be given by publication in a newspaper of general circulation in said district at least ten days prior to such hearing.
Source
Laws 1961, c. 140, § 2, p. 405.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-553 - Sanitary districts; contract with natural resources district; dissolution of sanitary district; resolution; file with county clerk.

31-553.
Sanitary districts; contract with natural resources district; dissolution of sanitary district; resolution; file with county clerk.
In event such contract, as provided in section 31-551, is entered into and in event all activities, liabilities, obligations and assets then possessed by said sanitary district are assigned and transferred to said natural resources district so that there are no further functions, activities or liabilities of said sanitary district existing then and in that event said sanitary district may be dissolved by a three-fourths vote of its board of trustees in which event a certified copy of said resolution of dissolution shall be filed in the office of the county clerk of the county in which said sanitary district is organized.
Source
Laws 1961, c. 140, § 3, p. 406.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-601 - Drainage districts; when public lands included; assessment.

31-601.
Drainage districts; when public lands included; assessment.
Whenever any drainage district organized or incorporated in accordance with the laws of this state, whether heretofore or hereafter organized, shall include within its boundaries any school or university lands, or other public land, the title to which is in the State of Nebraska, the lands shall be subject to assessment for special benefits, which shall be apportioned to the land to the same extent and in the same manner as the private lands included in the district, and the proceedings to include such school, university, or other state lands in such drainage district, and to apportion and assess the benefits thereto, shall be the same in all respects as is provided by law for the including of private lands and the apportionment and assessment of the benefits thereto. The assessments apportioned and levied against any school, university, or public lands, the title of which is in the state, shall be and remain a perpetual lien against such real estate; and the leasehold interest of any lessee thereof, or his or her assigns, may be sold for taxes, and the assessments shall draw the same rate of interest as delinquent taxes, and all the provisions of law for the sale, redemption, and foreclosure of tax liens which apply to individual landowners within the drainage district shall apply to lessees of school, university, and other public lands. It is further provided that in the event any levies or assessments against the school, university, or other state lands are not paid when due and delinquent, the drainage district may file claims with the Director of Administrative Services for the share of any apportionment to be paid by the lands; and it shall be the duty of the director to draw warrants to be paid from such funds of the state as are available for the payment of such warrants and transmit the same to the treasurer of such drainage district; and the State Treasurer is hereby authorized and directed to pay the warrants for the purposes herein set forth.
Source
Laws 1925, c. 17, § 2, p. 86;
C.S.1929, § 31-701;
R.S.1943, § 31-601;
Laws 1999, LB 779, § 1.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-602 - Assessments paid by state; subrogation; collection.

31-602.
Assessments paid by state; subrogation; collection.
In the event the apportionment and assessments so levied have been paid by the state, the state or the fund from which payments have been made shall be subrogated to all the rights and remedies of the drainage district for the collection of the assessments and levies against lessees or their heirs or assigns.
Source
Laws 1925, c. 17, § 3, p. 87;
C.S.1929, § 31-702;
R.S.1943, § 31-602;
Laws 1999, LB 779, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-727.01 - District; filing requirements.

31-727.01.
District; filing requirements.
Within thirty days after July 10, 1976, as to existing districts, and within thirty days after the creation of districts thereafter created, the clerk of each district shall file with the register of deeds, clerk, election commissioner, sheriff, and planning department of each county or counties in which the district is located and, if the district is located in whole or in part within the zoning jurisdiction of a city, with the planning department of such city a statement containing the following information: (1) The district number; (2) the outer boundaries of the district; (3) the purpose or purposes for which the district was formed; (4) a statement that the district has the power to levy an unlimited property tax to pay its debt and its expenses of operation and maintenance; (5) a statement that the district is required to levy special assessments on property in the district to the full extent of special benefits arising by reason of improvements installed by the district; (6) that the annual budget of the district is filed with the county clerk, which budget shows the anticipated revenue and expenses, tax levy, and indebtedness of the district; (7) that the actual current tax levy amount of the district may be obtained from the county clerk; and (8) that a copy of the annual financial audit of the district is on file with the clerk of the district and the Auditor of Public Accounts. Such statement shall be supplemented and refiled to include any land added to the district after the original filing.
Source
Laws 1976, LB 313, § 10;
Laws 1979, LB 187, § 141;
Laws 1986, LB 484, § 1.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-727.02 - District; board of trustees; notice of meetings; minutes; clerk or administrator of district; duties.

31-727.02.
District; board of trustees; notice of meetings; minutes; clerk or administrator of district; duties.
(1) Except as provided in subsection (5) of section 84-1411, the clerk or administrator of each sanitary and improvement district shall notify any municipality or county within whose zoning jurisdiction such district is located of all meetings of the district board of trustees or called by the administrator by sending a notice of such meeting to the clerk of the municipality or county not less than seven days prior to the date set for any meeting. In the case of meetings called by the administrator, notice shall be provided to the clerk of the district not less than seven days prior to the date set for any meeting.
(2) Except as provided in subsection (5) of section 84-1411, within thirty days after any meeting of a sanitary and improvement district board of trustees or called by the administrator, the clerk or administrator of the district shall transmit to the municipality or county within whose zoning jurisdiction the sanitary and improvement district is located a copy of the minutes of such meeting.
Source
Laws 1976, LB 313, § 11;
Laws 1982, LB 868, § 2;
Laws 2021, LB83, § 3.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-727.03 - District; statements; filed; contents; late filing; fee; duties of real estate broker, salesperson, or owner; acknowledgment from purchaser; remedy.

31-727.03.
District; statements; filed; contents; late filing; fee; duties of real estate broker, salesperson, or owner; acknowledgment from purchaser; remedy.
(1) On or before December 31 of each year, the clerk of each sanitary and improvement district shall file with the register of deeds or, if none, the county clerk of the county or counties in which the sanitary and improvement district is located a statement updated each December 31 containing the following information:
(a) The names of the members of the current board of trustees of the district;
(b) The names of the current attorney, accountant, and fiscal agent of the district;
(c) The warrant and the bond principal indebtedness of the district as of the preceding June 30. Such statement shall contain an acknowledgment that the warrant and indebtedness are reflective of such date; and
(d) The current bond tax levy and the current operating levy of the district, as described in section 31-739, as of December 31.
For any late filing of the statement, the sanitary and improvement district shall be assessed a late fee of ten dollars per day, not to exceed a total of three hundred dollars for each late filing.
(2) The real estate broker or salesperson or, if none, the owner shall distribute the most recent statement filed in accordance with this section to any prospective purchaser of any real estate located within a sanitary and improvement district.
(3) The real estate broker or salesperson or, if none, the owner shall obtain an acknowledgment from any purchaser of any real estate located within a sanitary and improvement district that the purchaser understands: (a) The property is located within a sanitary and improvement district; (b) sanitary and improvement districts are located outside the corporate limits of any municipality; (c) residents of sanitary and improvement districts are not eligible to vote in municipal elections; and (d) owners of property located within sanitary and improvement districts have limited access to services provided by nearby municipalities until and unless the property is annexed by the municipality. Such acknowledgment may be obtained separately from the disclosure required under section 76-2,120.
(4) The statement shall be distributed and the acknowledgment obtained on or before the date on which the purchaser becomes obligated to purchase such real estate. The exclusive remedy for failure to provide such statements and obtain such acknowledgments shall be an action for damages, and any such failure shall not affect title to the real estate or the validity of the conveyance.
Source
Laws 1976, LB 313, § 12;
Laws 1977, LB 267, § 1;
Laws 1979, LB 252, § 1;
Laws 1979, LB 187, § 142;
Laws 1980, LB 599, § 9;
Laws 1991, LB 128, § 1;
Laws 1992, LB 764, § 1;
Laws 1996, LB 1362, § 4;
Laws 2015, LB324, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-729 - District; formation; objections.

31-729.
District; formation; objections.
All owners of real estate situated in the proposed district who have not signed the articles of association and who may object to the organization of the district or to any one or more of the proposed trustees shall, on or before the time in which they are required to answer, file any such objection in writing, stating (1) why such sanitary and improvement district should not be organized and declared a public corporation in this state, (2) why their land will not be benefited by the installation of a sewer or water system, or both a sewer and water system, a system of sidewalks, public roads, streets, and highways, public waterways, docks or wharfs, and related appurtenances, and gas and electricity for street lighting for the public streets and highways within the district, by the contracting for solid waste collection services, by the construction or contracting for the construction of dikes and levees for flood protection for the district, gas or electric service lines and conduits, and water for fire protection and the health and property of the owners protected, by the acquisition, improvement and operation of public parks, playgrounds, and recreational facilities, by acquiring, purchasing, leasing, owning, erecting, constructing, equipping, operating, or maintaining all or a portion of offstreet motor vehicle public parking facilities located in the district to serve business, and, where permitted by section 31-727, by the contracting with other sanitary and improvement districts for the building, acquisition, improvement, and operation of public parks, playgrounds, and recreational facilities for the joint use of the residents of the contracting districts, (3) why their land should not be embraced in the limits of such district, and (4) their objections if any to any one or more of the proposed trustees.
Source
Laws 1949, c. 78, § 3, p. 196;
Laws 1955, c. 117, § 3, p. 312;
Laws 1961, c. 142, § 3, p. 412;
Laws 1967, c. 189, § 3, p. 521;
Laws 1969, c. 250, § 3, p. 912;
Laws 1973, LB 245, § 3;
Laws 1974, LB 757, § 9;
Laws 2015, LB324, § 3;
Laws 2021, LB81, § 3.
Annotations
Landowner may object to inclusion of land within district. Zwink v. Ahlman, 177 Neb. 15, 128 N.W.2d 121 (1964).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-731 - District; formation; articles; filing and recording.

31-731.
District; formation; articles; filing and recording.
Within twenty days after the district has been declared a corporation by the court, the clerk thereof shall transmit to the Secretary of State a certified copy of the record relating thereto, and the same shall be filed in his office in the same manner as articles of incorporation are required to be filed under the general law concerning corporations. A copy of such record, together with a plat of the district, shall also be filed in the office of the county clerk of the county or counties in which the district, or any part thereof, is situated.
Source
Laws 1949, c. 78, § 5, p. 197.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-732 - District; body corporate; powers.

31-732.
District; body corporate; powers.
Such district shall be a body corporate and politic by name of Sanitary and Improvement District Number ........... of ........... County and shall have the power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, to have and use a corporate seal, and to exercise any and all other powers, as a corporation, necessary to carry out the purposes of sections 31-727 to 31-762.
Source
Laws 1949, c. 78, § 6, p. 197.
Annotations
A sanitary and improvement district, being a "body corporate and politic," cannot be considered unincorporated. State ex rel. Scherer v. Madison Cty. Comrs., 247 Neb. 384, 527 N.W.2d 615 (1995).
The language "to sue and be sued" contained in this section should not be read so broadly as to confer standing on a sanitary and improvement district when common law standing requirements have not been met. SID No. 347 of Douglas County v. City of Omaha, 8 Neb. App. 78, 589 N.W.2d 160 (1999).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-733 - District; trustees; board; powers and duties; appointment of administrator; powers; duties; compensation.

31-733.
District; trustees; board; powers and duties; appointment of administrator; powers; duties; compensation.
Within thirty days after the district court has declared the district a public corporation, the trustees appointed by the court shall meet and elect one of their number chairperson and one of their number clerk of the district. Except as otherwise provided, the board shall (1) adopt a seal, bearing the name of the district, (2) keep a record of all of its proceedings which shall be open to inspection by all owners of real estate in the district, (3) have the power to pass all necessary ordinances, orders, rules, and regulations for the necessary conduct of its business and to carry into effect the objects for which the sanitary and improvement district was formed, and (4) have authority to appoint, employ, and pay an engineer or firm of engineers, an attorney, a fiscal agent, and such clerical help as may be needed, who shall each be removable at the pleasure of the board or administrator. The clerk of the board shall be paid a salary not to exceed twelve hundred dollars per year. Upon the appointment of an administrator for the district pursuant to sections 31-771 to 31-780, the authority of the trustees to exercise the powers granted in this section shall be suspended, except that the board shall continue in existence and the administrator shall periodically, but not less frequently than monthly, report to the board in writing on all decisions and actions taken by the administrator in managing the affairs of the district. The administrator shall, during the period of his or her appointment, possess exclusive authority to exercise the powers and duties conferred in sections 31-727 to 31-770. Each trustee shall be paid fifteen dollars for each meeting of the board which he or she attends, except that each trustee shall be paid for no more than twelve meetings in each calendar year. Each trustee shall be allowed reimbursement for mileage as provided in section 81-1176.
Source
Laws 1949, c. 78, § 7, p. 198;
Laws 1982, LB 868, § 3;
Laws 1994, LB 501, § 2;
Laws 1995, LB 470, § 3.
Annotations
The board of trustees of a sanitary and improvement district has power to contract for fiscal and financial services in connection with the issuance and sale of its bonds and warrants. Hayes v. Sanitary & Improvement Dist. No. 194, 196 Neb. 653, 244 N.W.2d 505 (1976).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-734 - District; chairperson, clerk, administrator; bond; premium.

31-734.
District; chairperson, clerk, administrator; bond; premium.
The chairperson and clerk or administrator of any such district shall, upon assuming his or her respective office, execute and file with the county clerk of the county in which such district, or the greater portion of the area thereof, is located, a bond, with one or more sureties, to be approved by the county clerk, running to the State of Nebraska in the penal sum of five thousand dollars for the chairperson, twenty thousand dollars for the clerk, and twenty thousand dollars for the administrator, conditioned for the faithful performance of their official duties and the faithful accounting by them for all funds and property of the district that shall come into their possession or control during their term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on such bonds by any person, firm, or corporation that has sustained loss or damage in consequence of the breach thereof.
Source
Laws 1949, c. 78, § 8, p. 198;
Laws 1976, LB 313, § 2;
Laws 1979, LB 252, § 2;
Laws 1982, LB 868, § 4.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-735.01 - Election of trustees; ballots; election board; duties.

31-735.01.
Election of trustees; ballots; election board; duties.
At any election held to elect trustees of a sanitary and improvement district, the ballots shall be received, counted, and canvassed by an election board of two persons or more appointed by the election commissioner or the county clerk in counties having no election commissioner.
Source
Laws 1976, LB 313, § 15;
Laws 1982, LB 359, § 2;
Laws 1987, LB 652, § 5.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-735.02 - Election of trustees; certification of results.

31-735.02.
Election of trustees; certification of results.
For any sanitary and improvement district, the county clerk or election commissioner shall certify the results of the election to the district.
Source
Laws 1976, LB 313, § 16;
Laws 1977, LB 228, § 3;
Laws 1982, LB 359, § 3;
Laws 1986, LB 483, § 2;
Laws 1987, LB 652, § 6.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-735.03 - Election contests; Election Act applicable.

31-735.03.
Election contests; Election Act applicable.
If an election is contested involving a sanitary and improvement district board of trustees, the Election Act shall apply.
Source
Laws 1976, LB 313, § 17;
Laws 1994, LB 76, § 551.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-735.04 - District; location; basis for determination.

31-735.04.
District; location; basis for determination.
For purposes of sections 31-735 to 31-735.02 a sanitary and improvement district shall be deemed to be located in a county with a population of one hundred thousand or more if the greater proportion in area of the district is located in such county.
Source
Laws 1982, LB 359, § 4.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-735.05 - Election; when held; costs; election commissioner or county clerk; duties.

31-735.05.
Election; when held; costs; election commissioner or county clerk; duties.
Not later than June first of each year, the election commissioner or county clerk shall determine which sanitary and improvement districts in the county are required to hold elections in such year and shall so notify the clerk of each such district on or before July first of such year. The entire costs of conducting the election shall be borne by the sanitary and improvement district holding the election, and such costs shall include all expenses such as procuring a list of the property owners of record in each such district, printing and mailing notices of the elections to such property owners, printing, preparing, and mailing ballots, paying compensation and mileage for the election boards conducting such elections, and also indirect expenses, such as the pro rata amount of any additional clerical expense or other miscellaneous expenses to be incurred by the election commissioner or county clerk in conducting all of such elections to be held in such calendar year. Within sixty days after the elections have been held, each district shall be charged and billed for all of the actual expenses incurred by the election commissioner or county clerk attributable to such district. Payment of the total amount billed to the district shall be in currency and made by the attorney for the sanitary and improvement district to the election commissioner or county clerk within sixty days after receipt of such billing.
Source
Laws 1982, LB 359, § 5;
Laws 1986, LB 483, § 3;
Laws 1987, LB 652, § 7.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-735.06 - Appointment of administrator; election of trustees; special election; when held.

31-735.06.
Appointment of administrator; election of trustees; special election; when held.
Notwithstanding the appointment of an administrator for any district pursuant to sections 31-771 to 31-780, special elections shall be held for the election of members of the board of trustees for such district in the same manner and at the same time as such elections would be held under sections 31-735 to 31-735.03. In a district for which such an administrator has been appointed when the board of trustees of such district is not functioning, the administrator shall cause a special election of trustees to be held within sixty days after the issuance of a certificate of appointment of such administrator, at which election a board of trustees shall be elected to a term of office which shall expire on the first Tuesday of the second September following the appointment of such administrator. The board of trustees shall have five members unless the board has amended its articles of association to decrease the number of trustees on the board to three members pursuant to subdivision (2)(d) of section 31-735.
Source
Laws 1982, LB 868, § 5;
Laws 2015, LB116, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-736 - District; acquisition of property; conditions.

31-736.
District; acquisition of property; conditions.
Such sanitary and improvement district may acquire by purchase, condemnation, or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes. Such acquisition by the district may be effected only after approval by the municipality or county having zoning jurisdiction over such property. The approval of plans and specifications for the public improvement or project, or the approval of plans and exact costs for public parks, playgrounds, and recreational facilities, as required by section 31-740, shall be deemed to be approval for the acquisition by the district of such fee title, easements, or other interests in such property as may be required for the public improvement or project.
Source
Laws 1949, c. 78, § 10, p. 199;
Laws 1978, LB 708, § 1.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-737 - District; eminent domain; procedure.

31-737.
District; eminent domain; procedure.
Whenever the board of trustees or administrator of any sanitary and improvement district shall by order determine to make any public improvement under the provisions of sections 31-727 to 31-762 and 31-771 to 31-780 which shall require that private property be taken or damaged, the district may exercise the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1949, c. 78, § 11, p. 199;
Laws 1951, c. 101, § 79, p. 482;
Laws 1982, LB 868, § 6.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-738 - District; state or public lands; right of eminent domain.

31-738.
District; state or public lands; right of eminent domain.
Whenever it shall be necessary, in making any improvement under the provisions of sections 31-727 to 31-762, to enter upon or cross any state or public lands, the district shall have the right to acquire a right-of-way across the same by the exercise of the power of eminent domain.
Source
Laws 1949, c. 78, § 12, p. 199;
Laws 1951, c. 101, § 80, p. 482.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-741 - Contracts; bidding requirements.

31-741.
Contracts; bidding requirements.
All contracts for construction work to be done or materials or equipment purchased, the expense of which is more than twenty thousand dollars, shall be let to the lowest responsible bidder, upon notice of not less than twenty days, of the terms and conditions of the contract to be let. The board of trustees or the administrator shall have power to reject any and all bids and readvertise for the letting of such work or to negotiate any contract after an unsuccessful public letting.
Source
Laws 1949, c. 78, § 15, p. 201;
Laws 1978, LB 634, § 2;
Laws 1982, LB 868, § 9;
Laws 1984, LB 910, § 2;
Laws 2002, LB 176, § 3;
Laws 2006, LB 1175, § 5.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-742 - Rules and regulations; service charges; recovery.

31-742.
Rules and regulations; service charges; recovery.
The board of trustees or the administrator may make all necessary rules and regulations governing the use of the installations and the operation and control thereof. The board or the administrator may establish an initial connection charge to be paid by any person, firm, or corporation connecting to the sewer or water system, or both, at the time of connection and establish just and equitable rates or charges to be paid to it for connections and the use of the water mains, disposal plant, and sewerage system by each person, firm, or corporation whose premises are served thereby. If the service or connection charge so established is not paid when due, such sum may be recovered by the district in a civil action, or it may be certified to the county assessor and assessed against the premises served, and collected or returned in the same manner as other district taxes are certified, assessed, collected, and returned. The district, through its board of trustees or the administrator, may make contracts or agreements whereby a person or corporation, public or private, furnishing water to the inhabitants of the district, shall turn off and refuse to sell water to any such water user who is delinquent in the payment of any sewer rental or service charges over forty-five days. Notice of such discontinuance of water service to such person or corporation and water user shall be given by certified or registered mail.
Source
Laws 1949, c. 78, § 16, p. 201;
Laws 1955, c. 117, § 6, p. 315;
Laws 1959, c. 129, § 2, p. 466;
Laws 1982, LB 868, § 10.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-743 - District; septic tanks; discontinue use; when.

31-743.
District; septic tanks; discontinue use; when.
Whenever a sewer system has been established, and dwellings in the district shall connect therewith, all septic tanks shall be dispensed with. The board of trustees or the administrator shall have the authority to institute court proceedings in a court of competent jurisdiction to carry out the provisions of this section.
Source
Laws 1949, c. 78, § 17, p. 202;
Laws 1982, LB 868, § 11.