reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-438 - Enlarging district; procedure.

31-438.
Enlarging district; procedure.
When it is deemed advisable by the board of directors of district to enlarge the boundaries thereof and the conditions mentioned in section 31-401 apply to such enlarged territory, a petition for the enlargement of the district, signed by a majority of the board of directors of the district and by ten owners of land within the territory proposed to be added to the district or, if there are less than twenty such owners, then by at least one-fourth of such owners, may be filed with the county clerk of the county where the original petition was filed. Upon the filing of a petition for the enlargement of a district, the county board, county surveyor, and county clerk of the county shall proceed in all respects as provided in sections 31-402 to 31-408, so far as applicable. The board of directors of the district, at the time of filing such petition for enlargement with the county clerk, may prescribe the conditions on which the additional territory is to be added, which conditions shall be based upon the work previously done by the district and with a view to equalizing assessments according to benefits, and such conditions shall be binding on the enlarged district if formed. Any person may appeal to the district court from the imposing of such conditions in the manner provided for appeals by section 31-412. The appeal shall be taken within thirty days from the time of completing the canvass of the votes of such election. The additional territory shall be deemed added to the district only if a majority of the votes voted thereon in the original district and a majority of the votes voted thereon in the proposed new territory shall each be in favor of such enlarged district. The board of directors of the original district shall constitute the board of directors of the enlarged district.
Source
Laws 1909, c. 150, § 1, p. 531;
R.S.1913, § 1902;
C.S.1922, § 1850;
C.S.1929, § 31-538;
R.S.1943, § 31-438;
Laws 1989, LB 26, § 2.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-439 - Detaching territory; procedure.

31-439.
Detaching territory; procedure.
Whenever the board of directors of any district deems it advisable to detach any portion of the district, which portion shall not have been apportioned for benefits, or having been apportioned, the amount having all been paid, the board of directors may submit at any annual election of the district the proposition of detaching such portion. If a majority of the votes cast on that question are in favor of the proposition to detach, the same shall be deemed carried, and the territory shall thereupon cease to be within the drainage district, and shall stand in the same plight as if never attached. The officers of the district shall certify the same to the county clerk, who shall make a record thereof.
Source
Laws 1909, c. 150, § 1, p. 532;
R.S.1913, § 1903;
C.S.1922, § 1851;
C.S.1929, § 31-539;
R.S.1943, § 31-439.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-440 - Overlapping districts; assessments, how determined.

31-440.
Overlapping districts; assessments, how determined.
Two or more districts formed under the provisions of sections 31-401 to 31-408, or any district formed under the provisions of said sections, and any district formed under any other law of this state, may overlap each other. In such event any land in more than one district shall be assessable by each district for its equitable proportion of the benefits received from the improvements by such district.
Source
Laws 1909, c. 150, § 1, p. 533;
R.S.1913, § 1904;
C.S.1922, § 1852;
C.S.1929, § 31-540;
R.S.1943, § 31-440.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-441 - Changing voting place from county seat; procedure.

31-441.
Changing voting place from county seat; procedure.
When a district has been formed, the board of directors shall have power by a three-fifths vote to declare the county seat an inconvenient place for holding elections, and shall certify the same to the proper county clerk. Thereupon all elections of the district other than those for enlarging the boundaries and those annual elections held pursuant to section 31-409.01 shall be held at a place to be designated each year by the board of directors and within the district, and the county clerk of the county previously having charge of the matter shall each year appoint three resident freeholders of the district to act as an election and canvassing board, and the parties so appointed, or if they fail to appear, any other parties chosen by electors present at the election, shall constitute the election and canvassing board, with the same powers given to the county clerk and his or her assistants by section 31-407.
Source
Laws 1909, c. 150, § 1, p. 533;
R.S.1913, § 1905;
C.S.1922, § 1853;
C.S.1929, § 31-541;
R.S.1943, § 31-441;
Laws 1983, LB 191, § 4.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-442 - Fixing boundaries; procedure; petition; hearing.

31-442.
Fixing boundaries; procedure; petition; hearing.
Upon filing the petition mentioned in section 31-402, the county clerk shall designate and endorse thereon a day for the hearing and determination of said petition by the county board which shall not be less than fourteen days subsequent to the filing of the petition, and the county board may pass on the petition and fix the boundaries at any time on or after the date fixed by the county clerk.
Source
Laws 1909, c. 150, § 1, p. 533;
R.S.1913, § 1906;
C.S.1922, § 1854;
C.S.1929, § 31-542;
R.S.1943, § 31-442.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-444 - Ditches; outlets beyond district boundaries; acquisition; procedure.

31-444.
Ditches; outlets beyond district boundaries; acquisition; procedure.
The drainage district may go beyond the limits of its district for an outlet to its drainage system, or for the purpose of conducting its main ditch or ditches, and may purchase, acquire, or condemn any needed real estate therefor. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1909, c. 150, § 1, p. 534;
R.S.1913, § 1908;
C.S.1922, § 1856;
C.S.1929, § 31-544;
R.S.1943, § 31-444;
Laws 1951, c. 101, § 75, p. 481.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-445 - Obstructing ditch, drain, or watercourse; penalty.

31-445.
Obstructing ditch, drain, or watercourse; penalty.
It shall be unlawful to obstruct in any manner the flow of water in any ditch, drain or watercourse constructed, improved or used by such drainage district, or to injure or disturb in any manner any dike, levee, or other work constructed in whole or in part, or owned by any drainage district. Any person violating any provision of this section shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding six months, and shall stand committed until the fine and costs are paid. He shall also be liable to the drainage district and to any person injured for all damages sustained by reason of such violation.
Source
Laws 1909, c. 150, § 1, p. 534;
R.S.1913, § 1909;
C.S.1922, § 1857;
C.S.1929, § 31-545;
R.S.1943, § 31-445.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-447 - Special assessment liens; vendor and purchaser; apportionment; filing with county clerk.

31-447.
Special assessment liens; vendor and purchaser; apportionment; filing with county clerk.
All special assessments provided for under sections 31-401 to 31-450 shall, as between vendor and purchaser, be a lien upon the real property involved from and upon the filing with the county clerk of the lists of the tracts, with the amount of money chargeable to each, as provided for in section 31-424, or if the board of directors has elected the tax levy method of financing, all special assessments provided for under sections 31-401 to 31-450 shall, as between vendor and purchaser, be a lien upon the real property involved from and upon the filing with the county clerk of the property tax rolls and the taxable value of the taxable personal property of each taxpayer as provided for in section 31-411.02.
Source
Laws 1911, c. 145, § 1, p. 486;
R.S.1913, § 1911;
C.S.1922, § 1859;
C.S.1929, § 31-547;
R.S.1943, § 31-447;
Laws 1969, c. 245, § 12, p. 903;
Laws 1979, LB 187, § 133;
Laws 1992, LB 1063, § 27;
Laws 1992, Second Spec. Sess., LB 1, § 27.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-448 - Assessment of benefits to highways and public property; payment.

31-448.
Assessment of benefits to highways and public property; payment.
The assessment for benefits to public highways and streets and other public property that may have been benefited, shall be paid out of such fund of the county, city, village or other public corporation involved, as the officers thereof may deem most available for such purpose.
Source
Laws 1911, c. 145, § 1, p. 486;
R.S.1913, § 1912;
C.S.1922, § 1860;
C.S.1929, § 31-548;
R.S.1943, § 31-448.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-449 - Invalid assessment; reapportionment; relevy; how made.

31-449.
Invalid assessment; reapportionment; relevy; how made.
If for any reason any apportionment of benefits or levy heretofore or hereafter made is or shall be invalid, a reapportionment of benefits and relevy shall be made, but no such reapportionment shall be made until at least ten days' notice by publication in a newspaper in each county involved shall be given of a hearing on such reapportionment, and notice shall be given of the same when made, and appeals may be taken therefrom as provided in the original apportionment. Such reapportionment and relevy shall be made on such terms and in such a manner as to do justice and equity to all persons and interests, having due regard to payments made, if any, under such invalid apportionment or levy.
Source
Laws 1911, c. 145, § 1, p. 486;
R.S.1913, § 1913;
C.S.1922, § 1861;
C.S.1929, § 31-549;
R.S.1943, § 31-449.
Annotations
Reassessment of benefits is provided for when original assessment is invalid. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).
Notice to landowners is required upon reapportionment of benefits. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-450 - Future districts; election; when held; notice; publication; limit of indebtedness; changing plans; abandonment.

31-450.
Future districts; election; when held; notice; publication; limit of indebtedness; changing plans; abandonment.
In all districts hereafter organized, the board of directors, having first adopted detailed plans and specifications of the work proposed to be done, having made an estimate of the total cost of such contemplated improvement, and having filed such plans, specifications, and estimated cost with the clerk of the county having the largest area of land, shall then publish a notice once each week for three consecutive weeks in a newspaper in each county of an election to vote on the question of proceeding with such work and incurring the necessary liability in all cases in which the estimate of the contemplated work equals seven percent of the taxable value of the lands assessed for such improvement. The election shall be held in all respects as other elections provided for in sections 31-401 to 31-450. If a majority of the votes cast at such election are in favor of proceeding with the work and incurring the necessary liability, then the board, in proceeding therein, shall not incur indebtedness in a total sum in excess of the estimated cost so filed and published. No changes in such plans and specifications shall be made thereafter by the board which cost in the aggregate more than fifteen percent above such estimated cost. If a majority of the votes at such election vote against proceeding and incurring the liability, then the board shall abandon the work and shall thereupon certify to the county clerks a tax levy on all the tracts in the district by valuation sufficient to pay all the liabilities of the district, and the levy shall be entered and collected as other general taxes and used to pay the liabilities.
Source
Laws 1911, c. 145, § 1, p. 487;
R.S.1913, § 1914;
Laws 1921, c. 280, § 1, p. 924;
C.S.1922, § 1862;
C.S.1929, § 31-550;
R.S.1943, § 31-450;
Laws 1979, LB 187, § 134;
Laws 1992, LB 719A, § 122.
Annotations
This section applies only when cost of contemplated work equals or exceeds twenty percent of the assessed value of the lands. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
This section indicates the necessity of first having adopted plans and specifications of the work proposed to be done and an estimate of the cost. Haecke v. Eastern Sarpy County Drainage Dist., 141 Neb. 628, 4 N.W.2d 744 (1942).
One appealing from levy of assessment for alleged benefits by drainage district waives right to insist that no apportionment of benefits was made. Rudersdorf Drainage District v. Chicago, R. I. & P. Ry. Co., 118 Neb. 43, 223 N.W. 639 (1929).
This section does not apply to drainage districts organized before its enactment. Sandy v. Western Sarpy Drainage District, 102 Neb. 713, 169 N.W. 268 (1918).
Section is constitutional. State ex rel. Gantz v. Drainage District No. 1 of Merrick County, 100 Neb. 625, 160 N.W. 997 (1916).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-501 - Sanitary drainage district in municipality; organization; petition for election.

31-501.
Sanitary drainage district in municipality; organization; petition for election.
Whenever one or more municipalities may be situated upon or near a stream which is bordered by lands subject to overflow from natural causes, or which is obstructed by dams or artificial obstructions so that the natural flow of waters is impeded so that drainage or the improvement of the channel of the stream will conduce to the preservation of public health, such municipalities and the surrounding lands deleteriously affected by the conditions of the stream, may be incorporated as a sanitary drainage district under sections 31-501 to 31-523 in the manner following: Any one hundred legal voters, residents within the limits of such proposed sanitary drainage district, may petition the county board of the county wherein they reside to cause the question to be submitted to the legal voters within the limits of such proposed sanitary drainage district whether they will organize as a sanitary drainage district under such sections. In the case of municipalities of less than one thousand inhabitants, as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, two-thirds of the legal voters, residents within the limits of such proposed sanitary drainage district, may petition the county board of the county wherein they reside to cause the question to be submitted to the legal voters within the limits of such proposed sanitary drainage district whether they will organize as a sanitary drainage district under such sections, and if a majority of those voting on the question are in favor of the proposition the district shall be organized.
Source
Laws 1891, c. 36, § 1, p. 287;
R.S.1913, § 1922;
Laws 1919, c. 142, § 1, p. 320;
C.S.1922, § 1863;
C.S.1929, § 31-601;
R.S.1943, § 31-501;
Laws 2017, LB113, § 35.
Annotations
Sanitary District Act sustained as constitutional. Whedon v. Wells, 95 Neb. 517, 145 N.W. 1007 (1914).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-502 - Organization; petition; contents; territory included.

31-502.
Organization; petition; contents; territory included.
Such petition shall contain a definite description of the territory intended to be embraced in such district according to government survey, and the name of the proposed district; but no lands not included within any municipal corporation, or within three miles thereof, shall be included in any sanitary district, nor shall any lands not within an incorporated town be included within any sanitary district, unless the same be within three miles of the channel of such stream or of the area of lands subject to its overflow.
Source
Laws 1891, c. 36, § 1, p. 287;
R.S.1913, § 1923;
C.S.1922, § 1864;
C.S.1929, § 31-602;
R.S.1943, § 31-502.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-503 - Organization; hearing on petition; notice; publication; boundaries of district.

31-503.
Organization; hearing on petition; notice; publication; boundaries of district.
Upon the filing of such petition in the office of the county board it shall give notice in one or more newspapers daily, if there be a daily paper in said county, during twenty days prior to such meeting, of the time and place where the petition will be heard. At the time so fixed the board shall meet, and all persons in such proposed sanitary district shall have opportunity to be heard touching the location and boundary of the proposed district. Thereupon the county board shall by an order determine the boundaries of such district, whether described in such petition or otherwise.
Source
Laws 1891, c. 36, § 1, p. 288;
R.S.1913, § 1924;
C.S.1922, § 1865;
C.S.1929, § 31-603;
R.S.1943, § 31-503.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-504 - Organization; election; notice; publication; form of ballot; canvass; returns; vote required.

31-504.
Organization; election; notice; publication; form of ballot; canvass; returns; vote required.
After such determination by the county board, or a majority thereof, it shall call a special election and submit to the legal voters of the proposed sanitary district the question of the organization of such district, and notice in a daily paper, if there be one, shall be given of such election twenty days prior thereto. At such election each legal voter resident within the proposed sanitary district shall have a right to cast a ballot with the words thereon, For sanitary district, or Against sanitary district, and the ballots cast shall be received, returned and canvassed in the same manner as upon county elections. The result shall be entered of record, and if a majority of the votes cast be in favor of the proposed district, such proposed district shall be deemed an organized sanitary district under sections 31-501 to 31-523.
Source
Laws 1891, c. 36, § 1, p. 288;
R.S.1913, § 1925;
C.S.1922, § 1866;
C.S.1929, § 31-604;
R.S.1943, § 31-504.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-505 - Sanitary district trustees; election; organization; officers; corporate powers.

31-505.
Sanitary district trustees; election; organization; officers; corporate powers.
Upon the organization of any such sanitary district the county board shall call an election for the election of trustees, who shall hold their offices until their successors are elected and qualified. Where such sanitary district does not contain a city of more than forty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, there shall be three trustees, and where such sanitary district contains a city of more than forty thousand inhabitants as so determined, there shall be five trustees. In districts having three trustees, at the first general state election held in November after the organization of the district, there shall be elected one trustee for a term of two years and two trustees for a term of four years, and thereafter their respective successors shall be elected for a term of four years at the general state election held in November immediately prior to the expiration of their respective terms. In districts having five trustees, at the first general state election held in November after the organization of the district, there shall be elected two trustees for a term of two years and three trustees for a term of four years, and thereafter their respective successors shall be elected for a term of four years at the general state election held in November immediately prior to the expiration of their respective terms. At the first meeting after election of one or more members, the board shall elect one of their number president and, in case they fail to elect, then the member who at his or her election received the highest number of votes shall be president of such board. Such district shall be a body corporate and politic by name of Sanitary District of .............., with power to sue, be sued, contract, acquire and hold property, and adopt a common seal.
Source
Laws 1891, c. 36, § 2, p. 288;
R.S.1913, § 1926;
C.S.1922, § 1867;
C.S.1929, § 31-605;
Laws 1943, c. 75, § 3, p. 259;
R.S.1943, § 31-505;
Laws 1949, c. 81, § 1, p. 214;
Laws 2019, LB67, § 7.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-506 - Trustees; general powers; clerk; engineer; publication of proceedings.

31-506.
Trustees; general powers; clerk; engineer; publication of proceedings.
The board of trustees shall elect one of their members clerk and have the power to appoint, employ and pay an engineer, who shall be removable at pleasure. The clerk may be paid not to exceed three hundred dollars per year by said board. The board shall have 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 such sanitary district is formed. Immediately after each regular and special meeting of said board, it shall cause to be published, in one newspaper of general circulation in the district, a brief statement of its proceedings, including an itemized list of bills and claims allowed, specifying the amount of each, to whom paid and for what purpose;
Provided,
no publication shall be required unless the same can be done at an expense not exceeding one-third of the legal rate for advertising notices.
Source
Laws 1891, c. 36, § 3, p. 289;
R.S.1913, § 1927;
C.S.1922, § 1868;
C.S.1929, § 31-606;
Laws 1943, c. 76, § 1, p. 261;
R.S.1943, § 31-506.
Cross References
For legal rate for publishing notices, see section 33-141.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-507 - Trustees; drainage powers.

31-507.
Trustees; drainage powers.
The board of trustees of any sanitary district organized under sections 31-501 to 31-523 shall have power to provide for the drainage of such district by laying out, establishing, maintaining and constructing one or more channels, drains or ditches for carrying off and disposing of the drainage and sewage of such district in a satisfactory manner, and for such purpose to straighten, widen, or deepen the channel of any stream, or remove any dam, so as to quicken and improve the flow of any stream, or effect satisfactory and efficient drainage.
Source
Laws 1891, c. 36, § 4, p. 289;
R.S.1913, § 1928;
C.S.1922, § 1869;
Laws 1927, c. 144, § 1, p. 390;
C.S.1929, § 31-607;
R.S.1943, § 31-507.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-507.01 - Connection with sanitary sewer; permit required; violation; penalty.

31-507.01.
Connection with sanitary sewer; permit required; violation; penalty.
It shall be unlawful for any person to connect any property to a sanitary sewer, maintained by any sanitary drainage district or which has been or may hereafter be acquired from such district by the municipality located within such district and which is being maintained by such municipality, without first having applied for and obtained a permit from such district or municipality to establish such connection. The issuance of such a permit may be conditioned upon the payment of a deferred assessment as provided in section 31-514. Each day that a connection made unlawful by this section continues shall be a separate violation of this section. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars for each violation.
Source
Laws 1957, c. 115, § 1, p. 395.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-508 - Ditches constructed from cities of the primary class; improvement beyond the district; plan and estimate; duties of Department of Natural Resources.

31-508.
Ditches constructed from cities of the primary class; improvement beyond the district; plan and estimate; duties of Department of Natural Resources.
If a sanitary drainage district has constructed one or more channels, drains, or ditches from a city of the primary class to or beyond the boundaries of the district downstream and there remains from the lower terminus of such improvement a portion or continuation of the watercourse unimproved, the Department of Natural Resources shall investigate the conditions of such watercourse, and if the department determines that further improvement in such watercourse downstream is for the interest of lands adjacent to such watercourse below the point of the improvement, the department shall file a plan of such improvement in the office of the county clerk of each of the counties in which any of the lands to be benefited are situated and in which any portion of the watercourse to be improved is located. Such plan shall describe the boundaries of the district to be benefited and shall contain an estimate of the benefits that would accrue to the sanitary district by reason of such improvement as well as the cost thereof and an estimate of the special benefits that would accrue to lands adjacent to the watercourse by reason of improved drainage, such estimate being detailed as to the various tracts of land under separate ownership as shown by the records of the county in which such lands are situated.
Source
Laws 1927, c. 144, § 1, p. 390;
C.S.1929, § 31-607;
R.S.1943, § 31-508;
Laws 1949, c. 81, § 2, p. 214;
Laws 1969, c. 248, § 1, p. 906;
Laws 2000, LB 900, § 71;
Laws 2017, LB113, § 36;
Laws 2022, LB820, § 5.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-509 - Ditches constructed from cities of 100,000 to 300,000 population; improvement beyond the district; publication of notices; election; vote required; effect of negative vote; special assessment.

31-509.
Ditches constructed from cities of 100,000 to 300,000 population; improvement beyond the district; publication of notices; election; vote required; effect of negative vote; special assessment.
When the Department of Natural Resources files a report and estimate, the county clerk of such county shall publish a notice once each week for three weeks in a newspaper published in the county seat of each of the counties having land within the sanitary drainage district, which notice shall state the filing of the report and estimate, the boundaries of the district to be benefited, that an election will be held at the office of the county clerk between the hours of 8 a.m. and 6 p.m. on a day named in the notice, and that at the election the question of the formation of a sanitary drainage district to include the area described in the report will be determined. The election shall be held in accordance with sections 31-406 to 31-408, except that no directors shall be elected. If a majority vote for the creation of a district based on acreage represented, the sanitary drainage district shall have jurisdiction to make the improvements recommended by the Department of Natural Resources and to levy a special assessment on the lands specially benefited. If a majority vote against the creation of a district, the work shall not be done.
Source
Laws 1927, c. 144, § 1, p. 390;
C.S.1929, § 31-607;
R.S.1943, § 31-509;
Laws 1961, c. 138, § 5, p. 399;
Laws 2000, LB 900, § 72;
Laws 2015, LB361, § 51.
Annotations
Under former law, that part of statute precluding recovery of claim for damages is unconstitutional. Cooper v. Sanitary Dist. No. 1, 146 Neb. 412, 19 N.W.2d 619 (1945).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-510 - Borrowing money; bonds; interest; limit of indebtedness.

31-510.
Borrowing money; bonds; interest; limit of indebtedness.
Such district may borrow money for corporate purposes and issue bonds therefor, but it shall not become indebted in any manner or for any purpose to an amount in the aggregate in excess of one and four-tenths percent of the taxable valuation of property in the district for county purposes.
Source
Laws 1891, c. 36, § 6, p. 290;
R.S.1913, § 1929;
C.S.1922, § 1870;
C.S.1929, § 31-608;
R.S.1943, § 31-510;
Laws 1969, c. 51, § 93, p. 332;
Laws 1979, LB 187, § 135;
Laws 1992, LB 719A, § 123.
Annotations
Sanitary districts may borrow money for corporate purposes. Lang v. Sanitary District of Norfolk, 160 Neb. 754, 71 N.W.2d 608 (1955).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-511 - Bonded indebtedness; election required; manner of submission.

31-511.
Bonded indebtedness; election required; manner of submission.
At the time of or before incurring any bonded indebtedness the question shall be submitted to the people in the manner provided by law in cases of borrowing money for internal improvements.
Source
Laws 1891, c. 36, § 7, p. 290;
R.S.1913, § 1930;
C.S.1922, § 1871;
C.S.1929, § 31-609;
R.S.1943, § 31-511.
Annotations
To carry bond issue, favorable vote of two-thirds of electors was required. Lang v. Sanitary District of Norfolk, 160 Neb. 754, 71 N.W.2d 608 (1955).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-512 - Contracts for work; how let; notice; rejection of bids.

31-512.
Contracts for work; how let; notice; rejection of bids.
All contracts for work to be done, the expense of which is more than fifteen hundred 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 shall have power to reject any and all bids and readvertise for the letting of such work.
Source
Laws 1891, c. 36, § 8, p. 290;
R.S.1913, § 1931;
C.S.1922, § 1872;
C.S.1929, § 31-610;
R.S.1943, § 31-512;
Laws 1959, c. 128, § 1, p. 464.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-513 - Annual tax levy; limit; certification to county clerk; collection; disbursement of funds.

31-513.
Annual tax levy; limit; certification to county clerk; collection; disbursement of funds.
(1) The board of trustees may levy and collect annually taxes for corporate purposes upon property within the limits of such sanitary district to the amount of not more than three and five-tenths cents on each one hundred dollars upon the taxable value of the taxable property of such district.
(2) The board of trustees shall, on or before September 30 of each year, certify the amount of tax to be levied to the county clerk who shall place the proper levy upon the county tax list, and the tax shall be collected by the county treasurer in the same manner as county taxes.
(3) The tax money collected by the levy shall be used exclusively for the purpose or purposes set forth in subsection (1) of this section. The county treasurer shall disburse the taxes on warrants of the board of trustees, and in respect to such fund, the county treasurer shall be ex officio treasurer of the sanitary district.
Source
Laws 1891, c. 36, § 9, p. 290;
R.S.1913, § 1932;
C.S.1922, § 1873;
C.S.1929, § 31-611;
Laws 1943, c. 73, § 1, p. 255;
R.S.1943, § 31-513;
Laws 1947, c. 113, § 1, p. 308;
Laws 1951, c. 97, § 1, p. 266;
Laws 1953, c. 287, § 51, p. 960;
Laws 1955, c. 114, § 1, p. 305;
Laws 1969, c. 248, § 2, p. 907;
Laws 1969, c. 145, § 32, p. 692;
Laws 1979, LB 187, § 136;
Laws 1992, LB 1063, § 28;
Laws 1992, Second Spec. Sess., LB 1, § 28;
Laws 1993, LB 734, § 36;
Laws 1995, LB 452, § 9;
Laws 2021, LB644, § 14.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-514 - Special assessments; power of board of trustees; limit; improvement out of district; deferred assessment; charges; payment.

31-514.
Special assessments; power of board of trustees; limit; improvement out of district; deferred assessment; charges; payment.
The board of trustees shall have the power to defray the expenses of any improvement made by it in the execution of the powers hereby granted, by special assessment, by general taxation, or partly by special assessment and partly by general taxation, as it may determine by order. It shall constitute no defense to any tax or special assessment that the improvement, for which the same is imposed, lies partly outside of the limits of such district. No property shall be specially assessed more than it is benefited by the improvement for which the assessment is levied;
Provided,
that a deferred assessment, not exceeding the pro rata cost of the construction of sanitary sewers, may be made and collected solely in the form of a connection charge, if and when property not specially benefited is later connected to such sewer. The amount of such charge shall be fixed by the board of trustees at the same time such special assessments are made. Such deferred assessments shall not constitute a lien. The board of trustees shall make a detailed report of said deferred assessments and file such report with the county clerk in the county where the property is located.
Source
Laws 1891, c. 36, § 10, p. 291;
R.S.1913, § 1933;
C.S.1922, § 1874;
Laws 1927, c. 144, § 2, p. 391;
C.S.1929, § 31-612;
Laws 1933, c. 136, § 26, p. 538;
C.S.Supp.,1941, § 31-612;
R.S.1943, § 31-514;
Laws 1955, c. 115, § 1, p. 307.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-515 - Special assessments; levy; procedure; improvements recommended by Department of Natural Resources.

31-515.
Special assessments; levy; procedure; improvements recommended by Department of Natural Resources.
The proceedings for imposing of special assessment by the board of trustees shall be, as nearly as may be, according to those for special assessments by the mayor and council under the law governing cities of the first class. If improvements are recommended by the Department of Natural Resources and a sanitary drainage district is formed adjacent to a watercourse previously improved above such district pursuant to sections 31-508 and 31-509, the board of trustees shall advertise for bids for the construction of such improvements as are recommended by the department and in accordance with plans recommended by the department.
Source
Laws 1891, c. 36, § 10, p. 291;
R.S.1913, § 1933;
C.S.1922, § 1874;
Laws 1927, c. 144, § 2, p. 391;
C.S.1929, § 31-612;
Laws 1933, c. 136, § 26, p. 538;
C.S.Supp.,1941, § 31-612;
R.S.1943, § 31-515;
Laws 2000, LB 900, § 73.
Cross References
Special assessments in cities of the first class, see section 16-666.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-516 - Improvements recommended by Department of Natural Resources; board of trustees as board of equalization; notice of meeting; appeal.

31-516.
Improvements recommended by Department of Natural Resources; board of trustees as board of equalization; notice of meeting; appeal.
Upon the completion of the improvement, notice shall be given that the trustees will sit as a board of equalization, at a day and hour in such notice stated, for the purpose of equalizing the assessments of such portion of the cost of such improvement as the report of the Department of Natural Resources finds to represent the special benefits of the land the drainage of which such improvements would improve. At such hearing such board of equalization shall hear all complaints with reference to the assessments proposed under the findings of the department. The trustees sitting as a board of equalization shall have power to increase or decrease such special assessments to the end that the property shall be assessed its equitable portion of the cost of such improvement, but not exceeding in the aggregate the percentage of the total cost recommended by the department to be assessed against such property and not exceeding in any case the actual special benefits accruing to such land. Notice of such meeting of the board of equalization shall be given by publishing a notice thereof in a paper, published in the county seat in each of the counties where any of the lands to be assessed are situated, once each week for three consecutive weeks. Appeals from the findings of such board of equalization may be taken in the manner provided for appeals from assessments of drainage districts organized under sections 31-401 to 31-450.
Source
Laws 1927, c. 144, § 2, p. 392;
C.S.1929, § 31-612;
Laws 1933, c. 136, § 26, p. 539;
C.S.Supp.,1941, § 31-612;
R.S.1943, § 31-516;
Laws 2000, LB 900, § 74.
Cross References
Appeals, see section 31-412.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-517 - Improvements; costs borne by district.

31-517.
Improvements; costs borne by district.
All costs of the improvement other than the costs to be covered by special assessments as finally determined shall be borne by the sanitary district.
Source
Laws 1927, c. 144, § 2, p. 392;
C.S.1929, § 31-612;
Laws 1933, c. 136, § 26, p. 539;
C.S.Supp.,1941, § 31-612;
R.S.1943, § 31-517.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-518 - Delinquent assessments; interest; limit.

31-518.
Delinquent assessments; interest; limit.
No special assessment levied for the purpose aforesaid shall draw interest at a rate exceeding nine percent per annum from the date of delinquency until paid.
Source
Laws 1927, c. 144, § 2, p. 392;
C.S.1929, § 31-612;
Laws 1933, c. 136, § 26, p. 539;
C.S.Supp.,1941, § 31-612;
R.S.1943, § 31-518.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-519 - Special assessments; payment; collection.

31-519.
Special assessments; payment; collection.
Where any special assessment is made under sections 31-501 to 31-523, the order making such assessment may provide that it be divided into equal annual installments, not more than twenty in number with interest at seven percent, payable on the whole amount unpaid annually with the installment that year falling due, and in such case the several installments of principal and interest shall be collected and payment enforced in the same manner as delinquent taxes, and sale of the land for a delinquent installment shall not be a discharge of the premises from installments subsequently to fall due;
Provided, however,
in case of special assessments, the owner of the premises may pay the entire assessment imposed at any time within ninety days after such special assessment is made.
Source
Laws 1891, c. 36, § 11, p. 291;
R.S.1913, § 1934;
C.S.1922, § 1875;
C.S.1929, § 31-613;
R.S.1943, § 31-519.
Cross References
Collection of delinquent real estate taxes, see Chapter 77, articles 17 and 18.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-520 - Property; right-of-way; how procured.

31-520.
Property; right-of-way; how procured.
Such sanitary 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.
Source
Laws 1891, c. 36, § 5, p. 290;
R.S.1913, § 1935;
C.S.1922, § 1876;
C.S.1929, § 31-614;
R.S.1943, § 31-520.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-521 - Power of eminent domain; procedure.

31-521.
Power of eminent domain; procedure.
Whenever the board of trustees of any sanitary district shall by order determine to make any public improvement under sections 31-501 to 31-523 which shall require that private property be taken or damaged, the district may exercise the power of eminent domain for that purpose. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1891, c. 36, § 12, p. 292;
R.S.1913, § 1936;
C.S.1922, § 1877;
C.S.1929, § 31-615;
R.S.1943, § 31-521;
Laws 1951, c. 101, § 76, p. 481.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-523 - Right-of-way; cost; assessment; annulment; reassessment.

31-523.
Right-of-way; cost; assessment; annulment; reassessment.
In the making of any special assessment for any improvement which requires the taking or damage of property, the cost of acquiring the right to take or to damage such property may be estimated and included in the assessment as a part of the cost of making such improvement. In the event that any tax or assessment levied by such trustees is by any court annulled for informality or irregularity, the same may be reassessed and reimposed by the board of trustees upon the same property, or other property, as may be equitable.
Source
Laws 1891, c. 36, § 14, p. 292;
R.S.1913, § 1938;
C.S.1922, § 1879;
C.S.1929, § 31-617;
R.S.1943, § 31-523.
Annotations
Reassessment of benefits is provided for when original assessment is invalid. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-524 - Municipalities adjacent to district; power of trustees; survey; report to county board.

31-524.
Municipalities adjacent to district; power of trustees; survey; report to county board.
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 municipalities, including cities of the second class and villages, in whole or in part outside of the boundaries of such sanitary district and depending upon the same watercourse or its tributaries for drainage, are inadequately supplied with sewage systems or sewage disposal plants, and that the absence thereof is detrimental to the sanitary conditions of the district or to such municipalities within the same watershed or lands adjacent thereto, the trustees may by resolution determine the existence of such conditions and shall thereupon cause a survey to be made of the territory affected by said conditions and the boundaries of such territory. The trustees shall thereupon file with the county board of the county wherein such district is situated a definite description of the territory affected by said conditions and the boundaries thereof.
Source
Laws 1919, c. 240, § 1, p. 1000;
C.S.1922, § 1880;
C.S.1929, § 31-618;
R.S.1943, § 31-524.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-525 - Municipalities adjacent to district; inclusion; election; effect of affirmative vote.

31-525.
Municipalities adjacent to district; inclusion; election; effect of affirmative vote.
Upon the filing of such description and boundaries with the county board, the county board shall call an election within the entire area and submit to the qualified voters therein the question of the enlargement of such district to include all the territory within the proposed new boundaries. If at such election a majority of the combined and total vote cast by the qualified voters residing within the original territory of such sanitary drainage district, and the territory proposed to be added thereto, shall be in favor of such enlargement, 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 1919, c. 240, § 2, p. 1001;
C.S.1922, § 1881;
C.S.1929, § 31-619;
R.S.1943, § 31-525.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-526 - Municipalities adjacent to district; inclusion; election; how conducted.

31-526.
Municipalities adjacent to district; inclusion; election; how conducted.
Such election shall be held in the same manner as elections for the original organization of a sanitary drainage district under sections 31-501 to 31-523.
Source
Laws 1919, c. 240, § 3, p. 1001;
C.S.1922, § 1882;
C.S.1929, § 31-620;
R.S.1943, § 31-526.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-527 - Powers of sanitary district trustees over enlarged district; flood control.

31-527.
Powers of sanitary district trustees over enlarged district; flood control.
The enlarged district and the trustees thereof shall possess all the powers and perform all the duties throughout such enlarged territory previously vested in and imposed upon said district, and the trustees thereof within the original territory of said sanitary drainage district; and no proceedings taken under sections 31-525 and 31-526 for the enlargement of any sanitary drainage district shall be construed as impairing or suspending in any manner the powers and jurisdiction of any sanitary drainage district previously existing or of the trustees thereof. The trustees of such sanitary district shall have power by resolution to define the flood area of any stream or watercourse within said district and to exclude from such area the construction of buildings or other improvements which, if constructed, might interfere with the flow of flood waters. To determine such flood area the trustees shall cause a survey to be made of the watershed in the vicinity and highwater marks reached by floods in the past, and compute the volume of water flowing in the valley under flood conditions and, based thereon, together with such other engineering data as may be available, specify the area requisite for confining flood waters within reasonable dike embankments set back from the natural banks of the stream. Upon such area having been determined the district may acquire either a fee title to the property within such area or a perpetual easement therein for carrying flood waters and the construction of dikes, by purchase or condemnation proceedings. Any property within such flood area owned by the state or governmental subdivision of the state shall be available for the purpose of establishing and maintaining suitable control of flood waters without compensation for such use.
Source
Laws 1919, c. 240, § 4, p. 1001;
C.S.1922, § 1883;
Laws 1925, c. 129, § 1, p. 341;
C.S.1929, § 31-621;
R.S.1943, § 31-527.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-528 - Enlarged district; power to maintain adequate sewerage facilities; damages; payment to municipalities.

31-528.
Enlarged district; power to maintain adequate sewerage facilities; damages; payment to municipalities.
In addition to the powers of said district and of the trustees thereof as originally vested, such enlarged district and the trustees thereof shall have power and jurisdiction to provide and maintain adequate and suitable sewerage systems for the entire district; to provide and maintain sewage disposal or reduction plants; to enter upon any street, alley or public place in any municipality, city or village, within the limits of such enlarged district for the laying of sewers and the construction of sewerage systems. The district shall pay to such municipality, city or village, upon claim being filed therefor, the amount of any damage to any pavement or any public improvement. Such municipality, city or village shall not be entitled to any compensation for the use of its streets, alleys or public places except for damage to such public improvements.
Source
Laws 1919, c. 240, § 5, p. 1002;
C.S.1922, § 1884;
C.S.1929, § 31-622;
R.S.1943, § 31-528.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-529 - Enlarged district; power to contract with cities for use of city sewers.

31-529.
Enlarged district; power to contract with cities for use of city sewers.
Such enlarged sanitary drainage district shall have power to enter into contracts with any or all municipalities wholly or partly within its territorial boundaries for the use in whole or in part of any sewerage system or sewerage mains in operation in said municipality or to be constructed or operated by such municipality.
Source
Laws 1919, c. 240, § 6, p. 1002;
C.S.1922, § 1885;
C.S.1929, § 31-623;
R.S.1943, § 31-529.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-530 - Enlarged district; power to alter city sewers connecting with drainage district sewers.

31-530.
Enlarged district; power to alter city sewers connecting with drainage district sewers.
Such enlarged sanitary drainage district shall have power to take charge of, reconstruct, divert, alter or disconnect any main line sewer in any municipality, city or village, or unite the same with the sewerage system of the district, or to use any appropriate means deemed necessary by the trustees of the district to establish and maintain proper and adequate sanitary and sewerage systems for the district.
Source
Laws 1919, c. 240, § 7, p. 1002;
C.S.1922, § 1886;
C.S.1929, § 31-624;
R.S.1943, § 31-530.