reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-350 - Bonds; sale; proceeds; deposits and withdrawals.

31-350.
Bonds; sale; proceeds; deposits and withdrawals.
The money derived from the sale of any bonds shall be deposited by the board of supervisors with some bank or trust company in any county in the district under such conditions as the board may prescribe, and may be withdrawn from such depository when ordered by the board on check or warrant signed by the chairman and countersigned by the secretary. Such depository shall execute and deliver to the board of supervisors of the drainage district a bond with good and sufficient securities, to be approved by the board of supervisors, conditioned that the depository shall account for, safely keep, and pay over, as required by law and as ordered by the board of supervisors, any and all money received by such depository on account for the drainage district.
Source
Laws 1907, c. 152, § 5, p. 473;
R.S.1913, § 1845;
C.S.1922, § 1792;
C.S.1929, § 31-449;
R.S.1943, § 31-350.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-351 - Assessments; lien; interest on delinquent assessments; collection; sinking fund to retire bonds.

31-351.
Assessments; lien; interest on delinquent assessments; collection; sinking fund to retire bonds.
All the assessments on real property and easements shall be a lien against the property assessed from and after the first Monday in April in the year in which it is assessed and shall draw interest at the rate of nine percent per annum from May 1 of the year following said assessment, and such lien is not removed until the assessments are paid or the property sold for the payment thereof. It shall be the duty of the county treasurers to collect such assessments in the same manner as other taxes against real estate are collected, and the revenue laws of the state for the collection and sale of land for such taxes are hereby made applicable to the collection of assessments under sections 31-301 to 31-369. When bonds have been issued by the drainage district, the taxes so collected to pay the same shall constitute a sinking fund to be used for the payment of such bonds and the interest thereon.
Source
Laws 1905, c. 161, § 21, p. 627;
R.S.1913, § 1846;
C.S.1922, § 1793;
C.S.1929, § 31-450;
Laws 1933, c. 136, § 24, p. 537;
C.S.Supp.,1941, § 31-450;
R.S.1943, § 31-351.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-352 - Watercourses; cleaning and changing.

31-352.
Watercourses; cleaning and changing.
In order to effect the drainage of the district, the board is authorized to clean out and remove all obstructions from the bed of any stream, creek, bayou, lagoon or other watercourse in the district; to straighten or shorten and deepen or widen the course of any stream or to abandon the bed of any stream and construct a new channel therefor; and to fill up any channel, or part of a channel, of any stream, creek, bayou, or other watercourse, in order to turn the direction of the volume of water, or to concentrate the water, so as to deepen and form a main channel.
Source
Laws 1905, c. 161, § 23, p. 628;
R.S.1913, § 1847;
C.S.1922, § 1794;
C.S.1929, § 31-451;
R.S.1943, § 31-352.
Annotations
Drainage district may be required to construct bridge occasioned by reason of failure to keep its drainage system in repair. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947).
Right of supervisors to keep drainage ditch in repair includes the right to straighten its channel or lengthen and better its outlet. Richardson County v. Drainage District No. 1 of Richardson County, 113 Neb. 662, 204 N.W. 376 (1925).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-353 - Crossing of highways or railroads; mutual agreement; condemnation.

31-353.
Crossing of highways or railroads; mutual agreement; condemnation.
The board shall have the power to construct the works across any street, avenue, highway, railway, canal, ditch or flume which the route of the ditches may intersect or cross, in such manner as to afford security for life and property, but the board shall restore the same, when so crossed or intersected, to its former state as nearly as may be, or in a manner not to impair its usefulness unnecessarily. Every company whose railroad shall be intersected or crossed by the works shall unite with the board in forming such intersections and crossings, and shall grant the privilege aforesaid. If such railroad company and the board, or the owners and controllers of such property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of such crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land.
Source
Laws 1905, c. 161, § 23, p. 628;
R.S.1913, § 1848;
C.S.1922, § 1795;
C.S.1929, § 31-452;
R.S.1943, § 31-353.
Annotations
Where erosion destroys highway and bridges over drainage ditch, drainage district is required to restore bridges and their approaches in such manner as to permit the maintenance of public highway over and across the same. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947).
If old bridge is rendered unnecessary, county must maintain. Richardson County ex rel. Sheehan v. Drainage Dist. No. 1 of Richardson County, 92 Neb. 776, 139 N.W. 648 (1913).
District must maintain bridge over a ditch crossing a highway. State ex rel. Hutter v. Papillion Drainage Dist., 89 Neb. 808, 132 N.W. 398 (1911).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-354 - Public lands; grant of right-of-way.

31-354.
Public lands; grant of right-of-way.
The right-of-way is hereby given, dedicated and set apart, to locate, construct and maintain such works over and through any of the lands which are now or may be the property of the state.
Source
Laws 1905, c. 161, § 23, p. 629;
R.S.1913, § 1849;
C.S.1922, § 1796;
C.S.1929, § 31-453;
R.S.1943, § 31-354.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-355 - Bids for construction; award of contract; conditions; supervision of work.

31-355.
Bids for construction; award of contract; conditions; supervision of work.
(1) After the board of supervisors has certified the total levy of the costs and expenses of the drainage improvements to the county clerk as directed by law, it may proceed to let a contract for the construction of such improvements. The board shall give notice of its intention to let such contract by publication thereof for twenty days in the newspapers of general circulation in the county or counties in which the drainage district is situated and in such other newspapers as it may deem advisable. The notice shall call for sealed bids for the construction of such improvements or any part thereof, notify the public of the time and place where such bids will be received and opened, and notify the public where the plans and specifications may be seen. On the day fixed, the board shall open and consider the bids and may let the contract for the whole work, or any part thereof, to the lowest responsible bidder, may reject any and all bids and readvertise for proposals, or may proceed to construct the work under its own superintendent. Contract for the purchase of materials shall be awarded to the lowest responsible bidder. Except as provided in subsection (2) of this section, the person to whom a contract is awarded shall enter into a bond with good and sufficient surety in a sum not less than twenty-five percent of the contract price, conditioned for the faithful performance of such contract. The work shall be done under the direction and to the satisfaction of the drain commissioner, subject to the approval of the board.
(2) If a contract, the provisions of which are limited to the purchase of supplies or materials, is entered into pursuant to this section and if the amount of the contract is fifty thousand dollars or less, the bidder shall furnish the county with an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska, as prescribed by and in a sum determined by the county board of supervisors, conditioned for the faithful performance of such contract.
Source
Laws 1905, c. 161, § 24, p. 629;
Laws 1909, c. 147, § 11, p. 523;
Laws 1911, c. 144, § 5, p. 483;
R.S.1913, § 1850;
C.S.1922, § 1797;
C.S.1929, § 31-454;
R.S.1943, § 31-355;
Laws 1987, LB 211, § 4.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-356 - Sections, how construed; limitation on granted powers.

31-356.
Sections, how construed; limitation on granted powers.
None of the provisions of sections 31-301 to 31-369 shall be construed as repealing or in anywise modifying the provisions of any other law relating to the subject of draining, reclaiming or protecting swamp, overflowed or submerged lands. Nothing herein contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal or ditch from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public use.
Source
Laws 1905, c. 161, § 25, p. 630;
R.S.1913, § 1851;
C.S.1922, § 1798;
C.S.1929, § 31-455;
R.S.1943, § 31-356.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-357 - Joint outlet of two districts; cost of improvements; how allocated.

31-357.
Joint outlet of two districts; cost of improvements; how allocated.
When two or more districts shall have their outlet or discharge into the same natural watercourse or stream, each district shall be assessed for the cost of such work in the same ratio to such total cost as the discharge of waters of such district bears to the combined discharge of waters of the several districts emptying into such natural watercourse or stream; but no district shall be liable to contribute for any improvement or costs and expenses incurred in improving such natural watercourse or stream above the point of discharge of the waters of such district into the same.
Source
Laws 1905, c. 161, § 26, p. 630;
R.S.1913, § 1852;
C.S.1922, § 1799;
C.S.1929, § 31-456;
R.S.1943, § 31-357.
Annotations
Drainage district cannot be released from private property rights established by judgment by subsequent legislation. Mooney v. Drainage Dist. No. 1 of Richardson County, 134 Neb. 192, 278 N.W. 368 (1938), reversing on rehearing, 133 Neb. 197, 274 N.W. 467 (1937).
Above section is not of such vital importance as to form inducement to passage of remainder of law, and even if invalid, would not excuse a duty enjoined by valid portion. Mooney v. Drainage District No. 1 of Richardson County, 126 Neb. 219, 252 N.W. 910 (1934).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-358 - Ditches, drains, or watercourses; use by landowners.

31-358.
Ditches, drains, or watercourses; use by landowners.
The owner of any land, lot or premises that have been assessed for the payment of the cost of the location and construction of any ditch, drain or watercourse, as hereinbefore provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from said land, lot or premises.
Source
Laws 1905, c. 161, § 27, p. 631;
R.S.1913, § 1853;
C.S.1922, § 1800;
C.S.1929, § 31-457;
R.S.1943, § 31-358.
Annotations
This section is only special provision conferring special rights in the use of drainage ditches, and does not authorize use for purpose of irrigation. Drainage Dist. No. 1 v. Suburban Irr. Dist., 139 Neb. 333, 297 N.W. 645 (1941).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-359 - Subdistricts; creation by mutual agreement, district court action; procedure.

31-359.
Subdistricts; creation by mutual agreement, district court action; procedure.
If any person who owns land within the drainage district which has been assessed for benefits, and which is separated from the ditch, drain or watercourse for which it has been assessed, by the land of another or others, shall desire to ditch or drain his land across the land of such other or others into such ditch, drain or watercourse, and shall be unable to agree with such other or others on the terms and conditions on which he may enter upon their lands and construct such drains or ditch, he may proceed in the manner herein provided, and the ditch or drain which he shall construct or cause to be constructed shall be considered to be conducive to the public health, welfare, convenience and utility to promote which the drainage district was established. He may file his petition with the clerk of the district court asking the court to establish a subdistrict within the limits of the original district for the purpose of securing more complete drainage, describing the lands to be affected thereby by metes and bounds, or otherwise, so as to convey an intelligent description of such lands; and all proceedings shall be the same as herein provided for the establishment, formation and construction of original districts and improvement thereof, including the assessment of damages, and the assessment of benefits. When established and constructed, it shall become and be a part of the drainage system of such drainage district, and be under the control and supervision of the board of supervisors.
Source
Laws 1905, c. 161, § 28, p. 631;
R.S.1913, § 1854;
C.S.1922, § 1801;
C.S.1929, § 31-458;
R.S.1943, § 31-359.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-360 - Treasurer; duties; collection of assessments; disbursement.

31-360.
Treasurer; duties; collection of assessments; disbursement.
The treasurer of the county in which the drainage district, or the largest portion thereof, is situated, shall be ex officio treasurer of the district for the purposes of collecting and disbursing taxes or assessments. The treasurers of the counties in which the smaller parts of the district shall be situated shall pay over to him any and all funds collected and paid over to them for the benefit of the drainage district, and shall take the receipt of the treasurer therefor in duplicate. The original receipt the treasurer paying the money shall keep for his own protection, and the duplicate shall be filed in the office of the clerk of the county of which the person receiving such money shall be treasurer. It shall be the duty of the treasurer, who is ex officio treasurer of the drainage district, to pay any money in his hands, collected as aforesaid, upon warrants signed by the chairman and attested by the secretary of the board of supervisors of the district, when the same shall be presented for payment.
Source
Laws 1905, c. 161, § 29, p. 632;
R.S.1913, § 1855;
C.S.1922, § 1802;
C.S.1929, § 31-459;
R.S.1943, § 31-360.
Annotations
County treasurer is ex officio treasurer of drainage district, which has no treasurer of its own. School District No. 22 of Harlan County v. Harlan County, 127 Neb. 4, 254 N.W. 701 (1934).
Drainage district is entitled to interest obtained by the county from the fund in the hands of treasurer as ex officio treasurer of the district. Nemaha Valley Drainage District No. 2 of Nemaha County v. Nemaha County, 100 Neb. 64, 158 N.W. 438 (1916).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-361 - Drainage district warrants; form.

31-361.
Drainage district warrants; form.
All warrants issued by the board of supervisors of any drainage district shall be in the following form:
$ ............
No. ..........
Treasurer of the County of ............
Pay to ............. dollars out of any money in the treasury belonging to .......... Drainage District in the County of .......... . Given at the town of .........., State of Nebraska, by order of the board of supervisors of ............... Drainage District.
Attest:
Secretary ...............
Chairman ................
Source
Laws 1905, c. 161, § 29, p. 632;
R.S.1913, § 1856;
C.S.1922, § 1803;
C.S.1929, § 31-460;
R.S.1943, § 31-361.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-362 - Warrants; laws governing county warrants applicable.

31-362.
Warrants; laws governing county warrants applicable.
The law of this state under which county warrants are issued, sold, transferred, assigned, presented for payment and paid, shall apply to all warrants issued by virtue of the provisions of sections 31-301 to 31-369.
Source
Laws 1905, c. 161, § 30, p. 632;
R.S.1913, § 1857;
C.S.1922, § 1804;
C.S.1929, § 31-461;
R.S.1943, § 31-362.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-363 - Officers and employees; salaries.

31-363.
Officers and employees; salaries.
The board of supervisors, except where otherwise provided, shall, by resolution, at the time of hiring or appointing, provide for the compensation for work done and necessary expenses incurred by any officer, engineer, attorney, or other employee, and shall also pay the fees of all court and county officers who may by virtue of sections 31-301 to 31-369 render service to the district.
Source
Laws 1905, c. 161, § 31, p. 632;
Laws 1909, c. 147, § 12, p. 524;
R.S.1913, § 1858;
C.S.1922, § 1805;
C.S.1929, § 31-462;
R.S.1943, § 31-363.
Annotations
County is entitled to retain, as a part of its general fund, fees fixed by statute for all taxes and special assessments collected by county treasurer for drainage district. Nemaha Valley Drainage District No. 2 of Nemaha County v. Nemaha County, 100 Neb. 64, 158 N.W. 438 (1916).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-365 - Care of ditches; overseers; appointment; duties.

31-365.
Care of ditches; overseers; appointment; duties.
For the purpose of preserving any ditch, drain, dike, or other works constructed or erected under the provisions of sections 31-301 to 31-369, the board of supervisors shall have the power to appoint not more than three overseers of the respective districts, who shall hold their offices for the term of one year, whose duty it shall be to keep the ditches, drains, dikes, and other works erected or constructed for the reclamation of the lands in the drainage district, in good repair, and remove all obstructions from all ditches, drains, or watercourses within their respective districts. It shall also be the duty of the overseers to cause the arrest of all persons who shall be known to have filled up, or put any timber or brush into, or to have in any way obstructed any ditch, drain or watercourse, or have damaged any dike, or other work erected or constructed for the reclamation of lands as aforesaid, within their respective districts.
Source
Laws 1905, c. 161, § 33, p. 633;
R.S.1913, § 1860;
C.S.1922, § 1807;
C.S.1929, § 31-464;
R.S.1943, § 31-365;
Laws 1972, LB 1032, § 208.
Annotations
A drainage district organized by proceedings in district court is required to remove all obstructions from its ditches and keep its works in good repair. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947).
Duty to maintain drainage ditch free from obstructions shows legislative intent not to permit maintenance of check for irrigation. Drainage District No. 1 v. Suburban Irr. Dist., 139 Neb. 333, 297 N.W. 645 (1941).
It is duty of the board of supervisors of a drainage district to repair ditches which become ineffective. Ritter v. Drainage Dist. No. 1 of Otoe and Johnson Counties, 137 Neb. 866, 291 N.W. 718 (1940).
Court may order drainage district to enlarge outlet to drainage system to provide effective drainage. Mooney v. Drainage District No. 1 of Richardson County, 134 Neb. 192, 278 N.W. 368 (1938).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-366 - Injuring or obstructing ditch, drain, or watercourse; penalty.

31-366.
Injuring or obstructing ditch, drain, or watercourse; penalty.
If any person shall willfully obstruct or injure any ditch, drain, or watercourse, or damage or destroy any dike or other work constructed under the provisions of sections 31-301 to 31-369, he shall be liable to the drainage district for the full amount of the injury occasioned by the damage thereto, the same to be recovered by a civil action in the name of the district. In addition thereto he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding the sum of one hundred dollars.
Source
Laws 1905, c. 161, § 34, p. 634;
R.S.1913, § 1861;
C.S.1922, § 1808;
C.S.1929, § 31-465;
R.S.1943, § 31-366.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-367 - Sections, how construed; judgments and decisions, effect; irregularities, rights of parties aggrieved.

31-367.
Sections, how construed; judgments and decisions, effect; irregularities, rights of parties aggrieved.
Sections 31-301 to 31-369 shall be liberally construed to promote the drainage and reclamation of wet, overflowed or submerged lands. The establishment of said corporation, and the collection of assessments, shall not be defeated by reason of any defect in the proceedings occurring prior to the judgment of the court, or of the board of supervisors confirming and establishing the assessment of benefits and injuries, but such judgment shall be conclusive and final that all prior proceedings were regular and according to law. No person shall be permitted to take advantage of any error, defect, or informality, unless the person complaining thereof is directly affected thereby, at any stage of the proceedings. If the court or board of supervisors shall deem it just to release any person, or modify his assessment or liability, it shall in no manner affect the right or liability of any other person.
Source
Laws 1905, c. 161, § 35, p. 634;
R.S.1913, § 1862;
C.S.1922, § 1809;
C.S.1929, § 31-466;
R.S.1943, § 31-367.
Annotations
Sections 31-301 to 31-369 shall be liberally construed to promote drainage and judgments of court or board of supervisors establishing assessments of benefits and injuries shall be conclusive that all prior proceedings were regular and lawful. Only a person directly affected may take advantage of any error or defect, and modification as to his assessment shall not affect right or liability of another. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-368 - Assessments; irregularities; effect; injunction, when allowed.

31-368.
Assessments; irregularities; effect; injunction, when allowed.
The collection of assessments to be levied to pay for the location, construction, maintenance or repair of any ditch, levee, dike or watercourse, shall not be enjoined or declared void, nor shall such assessment be set aside in consequence of any error, omission, or irregularity committed or appearing in any of the proceedings provided for in sections 31-301 to 31-369. No injunction shall be allowed restraining the collection of any assessment until the party complaining shall first pay to the county treasurer the amount of his assessment, which amount so paid may be recovered from the district in an action brought for that purpose in case the injunction is made perpetual.
Source
Laws 1905, c. 161, § 36, p. 635;
R.S.1913, § 1863;
C.S.1922, § 1810;
C.S.1929, § 31-467;
R.S.1943, § 31-368.
Annotations
Before injunction can be allowed, party complaining is required to first pay to county treasurer amount of assessment. Richardson County v. Drainage District No. 1 of Richardson County, 113 Neb. 662, 204 N.W. 376 (1925).
Constitutionality raised but not determined; even if void, invalidity would not render entire act void. Drainage District No. 1 of Pawnee County v. Chicago, B. & Q. R. Co., 96 Neb. 1, 146 N.W. 1055 (1914).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-369 - Drainage district; name; corporate powers; liabilities.

31-369.
Drainage district; name; corporate powers; liabilities.
Every district organized under the provisions of sections 31-301 to 31-369 shall be a body politic and corporate and shall be known by the corporate name of Drainage District Number ........................... of ................... County, and shall have power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, have and use a corporate seal, and exercise any and all other powers, as a corporation, necessary to carry out the purposes of said sections. All such districts shall be liable for all injuries and damages, caused by the construction of said drainage improvements, arising by virtue of contract or tort.
Source
Laws 1905, c. 161, § 37, p. 635;
Laws 1911, c. 144, § 6, p. 483;
R.S.1913, § 1864;
C.S.1922, § 1811;
C.S.1929, § 31-468;
R.S.1943, § 31-369.
Annotations
District was liable for all damages caused by construction of improvement. Wellensiek v. Drainage Dist. No. 1, 172 Neb. 869, 112 N.W.2d 267 (1961).
District is liable for damages caused by negligence in construction or maintenance. Miller v. Drainage Dist. No. 1 of Richardson County, 112 Neb. 206, 199 N.W. 28 (1924).
Damages to third parties are recoverable in proceedings other than those for the organization of the district. Latham v. Chicago, B. & Q. R. Co., 100 Neb. 173, 158 N.W. 923 (1916).
District is a public corporation and may sue and be sued. Nemaha Valley Drainage District No. 2 v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-370 - Drainage improvements; election required, when; notice; publication; change in plans.

31-370.
Drainage improvements; election required, when; notice; publication; change in plans.
In all districts organized under sections 31-301 to 31-369, 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 of any county to be included in the drainage district, shall then publish once each week for three consecutive weeks in a newspaper in each county of such district a notice 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 31-301 to 31-369 and 31-401 to 31-450. If the 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 to and including the date of such abandonment, and the levy shall be entered and collected as other general taxes and used to pay the liabilities.
Source
Laws 1929, c. 128, § 1, p. 478;
C.S.1929, § 31-470;
R.S.1943, § 31-370;
Laws 1969, c. 247, § 1, p. 905;
Laws 1979, LB 187, § 128;
Laws 1992, LB 719A, § 121.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-371 - Refunding bonds; issuance; power of board; limitation; interest; term.

31-371.
Refunding bonds; issuance; power of board; limitation; interest; term.
The board of supervisors of any drainage district in the State of Nebraska organized under and by virtue of the provisions of sections 31-301 to 31-369, and any amendments thereto, which has issued, or may hereafter issue valid interest-bearing bonds under the provisions of said sections, and which bonds are now or may hereafter be outstanding and unpaid, may take up and pay off any such bonds whenever the same can be brought about by lawful means, by the issue and sale or the issue and exchange therefor of the refunding bonds of such drainage district; but bonds so to be issued shall not exceed the amount lawfully owing and unpaid upon the bond or bonds so sought to be taken up and paid. Bonds so issued shall not bear interest greater in rate or amount per annum than the bonds so sought to be taken up and paid, and shall be made to run for not more than twenty years from date of issuance.
Source
Laws 1929, c. 132, § 1, p. 483;
C.S.1929, § 31-471;
R.S.1943, § 31-371.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-372 - Refunding bonds; issuance; resolution; notice; publication; procedure where no objections filed.

31-372.
Refunding bonds; issuance; resolution; notice; publication; procedure where no objections filed.
Whenever it is desired to issue refunding bonds under sections 31-371 to 31-374, the board of supervisors shall, by resolution entered in the minutes of its proceedings, direct public notice to be given, stating the amount of the indebtedness sought to be taken up and paid, the date it was issued, the rate of interest it bears, and if issued in installments the date when the various installments become due, that the same is sought to be taken up and paid off by the issuance and sale, or the issuance and exchange of refunding bonds bearing interest at an equal or less rate and amount per annum, and the date on which, and the place where any taxpayer of such drainage district may file objections to such proposed action. Such notice shall be signed by the president and secretary of the drainage district, and shall be published for four weeks in some newspaper of general circulation in the drainage district, and by posting a notice in three of the most public places in the district for at least thirty days prior to such date. If, after such publication and on the date for filing objections, no objections to such action by the board of supervisors are filed, then the board of supervisors may issue and sell, or exchange, as the case may be, the bonds authorized by sections 31-371 to 31-374, not exceeding the amount stated in such notice, nor exceeding the amount of an actual bonded indebtedness of the district then outstanding and unpaid, including any unpaid interest, if any, nor bearing interest greater in rate or amount than the bonds to be taken up, and thereby take up and pay off the bonds described in the notice.
Source
Laws 1929, c. 132, § 2, p. 484;
C.S.1929, § 31-472;
R.S.1943, § 31-372.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-373 - Refunding bonds; objections; hearing; determination; appeal; procedure.

31-373.
Refunding bonds; objections; hearing; determination; appeal; procedure.
If, on the day appointed in such notice, any written objections be filed, the objection or objections shall be heard and decided by the board of supervisors of such drainage district. From its decision an appeal may be taken to the district court in the manner of appeals from the county board.
Source
Laws 1929, c. 132, § 3, p. 485;
C.S.1929, § 31-473;
R.S.1943, § 31-373.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-374 - Refunding bonds; recitals; delivery; effect of issuance; payment.

31-374.
Refunding bonds; recitals; delivery; effect of issuance; payment.
The bonds so issued shall have recited therein the object of the issue, the title of the article under which the issue was made, stating the issue to be made in pursuance thereof, and shall also state the number, date, and amount of the bonds for which such issue is substituted and amount of the delinquent interest, if any. Such new bonds shall not be delivered until the surrender of the bond or bonds so designated, and they shall be paid and levy made and taxes collected for their payment in accordance with laws now governing the bonds heretofore issued under the provisions of sections 31-301 to 31-369. The assessment of benefits conferred and taxes levied by any such drainage district under the provisions of said sections shall remain valid and binding obligations upon the several tracts of land, but the time of payment of such taxes shall be extended to the same extent as the time of payment of the bonds refunded is extended by the issuing of such refunding bonds, and collection of such taxes shall be made as provided in said sections. The board of supervisors shall issue and file, with the county clerk of the county in which the drainage district was organized, a new certificate of levy of taxes, showing the changed dates when such taxes shall become due, otherwise in the same form and containing the same matter as in the certificate required to be issued by section 31-331, and such taxes shall be used to pay the principal of and the interest on said bonds as the same become due.
Source
Laws 1929, c. 132, § 4, p. 485;
C.S.1929, § 31-474;
R.S.1943, § 31-374.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-375 - Drainage district; dissolution; procedure; election; notice; effect; funds; distribution.

31-375.
Drainage district; dissolution; procedure; election; notice; effect; funds; distribution.
There being no outstanding indebtedness, the board of supervisors of any drainage district organized under sections 31-301 to 31-305 may, on its own motion or on the filing of a written request signed by fifteen electors of the district, order an election to be held to vote on the question of the dissolution of any such district. The secretary of any such drainage district shall file a certified copy of such action by the board with the clerk of the district court of the county wherein the original petition for the incorporation of any such drainage district was filed, whereupon the clerk of the district court shall call an election and give notice to all persons interested in and owning land within the drainage district three successive weeks next preceding the election in a legal newspaper printed and published in the county wherein the district was originally incorporated. If no legal newspaper is printed and published in such county, such notice shall be placed in a legal newspaper of general circulation in the county wherein the district was originally incorporated. It shall be sufficient if the notice of such election shall be directed to all persons interested in the drainage district, identifying the same as it is referred to in the original petition for incorporation. The notice shall specify the day, hour, and place at which the election shall be held. The election shall be held in some public place in the county in which the district was organized. At such election every acre of land shall represent one share, and each owner shall be entitled to one vote for every acre of land owned by him or her in such district. If at the election a majority of the votes cast shall favor the dissolution, then such district shall stand dissolved, and the clerk of the district court shall certify such result and dissolution to the county clerk of each county wherein any portion of the lands of the drainage district lies. When any drainage district is dissolved as provided in this section, any remaining funds of the district shall be distributed to the counties in which the district is situated in the same proportion as the area of the district in each county bears to the total area of the district and shall be deposited in the general fund of the respective counties.
Source
Laws 1933, c. 51, § 1, p. 268;
C.S.Supp.,1941, § 31-475;
R.S.1943, § 31-375;
Laws 1967, c. 187, § 1, p. 512;
Laws 1986, LB 960, § 23.
Annotations
It is a condition to the right of dissolution that there be no outstanding indebtedness. Ritter v. Drainage Dist. No. 1 of Otoe and Johnson Counties, 137 Neb. 866, 291 N.W. 718 (1940).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-376 - Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure.

31-376.
Drainage district; located in more than one county; inactive for five years; county board; dissolve; procedure.
When any drainage district organized under the provisions of sections 31-301 to 31-305 is comprised of territory located in more than one county and is inactive for a period of at least five years, as determined by resolution of the county board of the county in which such district was organized, the county board may initiate action for dissolution of the district by filing a copy of its resolution with the clerk of the district court of the county in which the original petition for incorporation of such district was filed. After the filing of such resolution, the procedure for dissolution and distribution of any remaining funds shall be the same as that provided in section 31-375.
Source
Laws 1967, c. 187, § 2, p. 513.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-377 - Drainage district; comprised of territory in one county; inactive for five years; county board; dissolve; funds; transfer to county general fund.

31-377.
Drainage district; comprised of territory in one county; inactive for five years; county board; dissolve; funds; transfer to county general fund.
When any drainage district organized under the provisions of sections 31-301 to 31-305 or 31-401 to 31-408 is comprised of territory solely within one county and is inactive for a period of at least five years, as determined by resolution of the county board, the county board may order the district dissolved. The county board shall file copies of such order of dissolution with the county clerk and the county treasurer. Upon receipt of such order, the county treasurer shall transfer any remaining funds of the dissolved drainage district to the general fund of the county.
Source
Laws 1967, c. 187, § 4, p. 513.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-401 - Drainage district organized by vote of landowners; when formed.

31-401.
Drainage district organized by vote of landowners; when formed.
Whenever it will be conducive to the public health, convenience or welfare, to drain any wet land, to drain any land subject to overflow by water, or any land which will be improved by drainage, to build or construct any dike or levee to prevent overflow by water, to construct, straighten, widen, deepen or alter any ditch, drain, stream or watercourse, to riprap or otherwise protect the bank of any stream or ditch, to construct, enlarge, extend, improve or maintain any system of drainage, to construct, enlarge, extend, improve or maintain any system of control of surface water or running water, or to do any two or more of said things jointly, then a drainage district may be formed and may proceed, as hereinafter provided, for the purpose of inaugurating, constructing, controlling and maintaining said work or works of public improvement.
Source
Laws 1907, c. 153, § 1, p. 474;
R.S.1913, § 1866;
C.S.1922, § 1813;
C.S.1929, § 31-501;
R.S.1943, § 31-401.
Annotations
District has no duty to maintain and keep in repair its works unless plans and specifications so provide. McGree v. Stanton-Pilger Drainage Dist., 164 Neb. 552, 82 N.W.2d 798 (1957).
Legal existence of drainage district may be litigated in proceedings for assessment of benefits. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
Plans must be in accordance with this section, but an estimate of cost of work is not required. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
A drainage district has a special right to have its drainage channel kept free from obstruction or interference. Drainage District No. 1 v. Suburban Irr. Dist., 139 Neb. 333, 297 N.W. 645 (1941).
A drainage district organized under this article is liable for damages caused by the negligent construction of its works. Compton v. Elkhorn Valley Drainage District, 120 Neb. 94, 231 N.W. 685 (1930).
Damming of drainage channel to detriment of drainage district may be enjoined. Flader v. Central Realty & Investment Co., 114 Neb. 161, 206 N.W. 965 (1925).
Drainage district is liable for damages caused by its negligence in the construction of its works, and action accrues when damage occurs. Bunting v. Oak Creek Drainage District, 99 Neb. 843, 157 N.W. 1028 (1916).
Constitutionality of act sustained, and general construction of act outlined. White v. Papillion Drainage District, 96 Neb. 241, 147 N.W. 218 (1914).
Act is constitutional. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911); State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-401.01 - Drainage district formation; prohibited after June 30, 1972.

31-401.01.
Drainage district formation; prohibited after June 30, 1972.
After June 30, 1972, no new drainage districts shall be organized under the provisions of sections 31-401 to 31-450. Attempted formations of drainage districts under sections 31-401 to 31-450 which have not been completed before July 1, 1972, shall be null, void and of no effect for the purpose of organizing such district. All drainage districts having valid corporate existence before July 1, 1972, shall enjoy all rights, duties, powers and authorities conferred by sections 31-401 to 31-450 and shall not be affected by this section, nor shall the legality of formation, organization, or operation of any such district be subject to any legal action based on this section.
Source
Laws 1969, c. 9, § 62, p. 135;
Laws 1971, LB 544, § 8.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-402 - Formation; petition; contents.

31-402.
Formation; petition; contents.
When the district proposed contains real estate owned by less than twenty persons or corporations, one-fourth of said number shall be sufficient to petition for the formation of such district. When there are more than twenty such owners, ten or more owners of real estate therein may sign a petition for the formation of such district, and file said petition with the county clerk of the county having the largest body of land within the proposed district. The petition shall suggest the boundaries of the district, the number of directors that the district shall have if formed, and the amount of bond each shall give.
Source
Laws 1907, c. 153, § 2, p. 474;
R.S.1913, § 1867;
C.S.1922, § 1814;
C.S.1929, § 31-502;
R.S.1943, § 31-402.
Annotations
Number of signers is not required to be designated in the petition. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
Description in petition for formation of public highways of county named is sufficient. Scottsbluff Drainage District v. Scotts Bluff County, 113 Neb. 187, 202 N.W. 455 (1925).
Petition sustained as sufficient against collateral attack. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911).
Districts may cover portions of two counties and may overlap. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-403 - Formation; bond for expenses.

31-403.
Formation; bond for expenses.
At the time of filing the petition the petitioners shall also file a bond, with surety or sureties to be approved by the county clerk, which bond shall run to the county and be conditioned to pay all expenses of the county by reason of such proceedings in case the district be not formed.
Source
Laws 1907, c. 153, § 3, p. 475;
R.S.1913, § 1868;
C.S.1922, § 1815;
C.S.1929, § 31-503;
R.S.1943, § 31-403.
Annotations
Bond signed by surety who was also a petitioner was sufficient. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
Bond is valid, though conditioned to become void if the district be organized, or if petitioners pay costs. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-404 - Formation; boundaries of district; hearings; directors; number; bond.

31-404.
Formation; boundaries of district; hearings; directors; number; bond.
Thereupon the county board of such county shall take to its assistance the county surveyor of the county and shall determine whether or not the boundaries of the proposed district are reasonable and proper, and if the board finds that the boundary line of the district should be changed, it shall change the same and fix the boundary line where the same, in the judgment of the board, should be fixed with a view to promoting the interest of the drainage district, if formed, and with a view to doing justice and equity to all persons. Anyone asking shall be given a hearing as to the boundary. The board shall also determine the number of directors that the district shall have, if formed, and the amount of the bond to be given by each, and shall make a record of its action.
Source
Laws 1907, c. 153, § 4, p. 475;
R.S.1913, § 1869;
C.S.1922, § 1816;
C.S.1929, § 31-504;
R.S.1943, § 31-404.
Annotations
Board is required to determine that boundaries of district are reasonable and proper. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
Fact that all of petitioners did not sign bond is immaterial. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911).
County commissioners at any time before the rights of third parties have accrued may alter boundaries, but must give notice and describe boundaries. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909).
In fixing boundaries, the board is required to determine the same with a view to promoting the interest of the district, and justice and equity to all persons. State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-405 - Formation; notice of election; publication; contents; posting.

31-405.
Formation; notice of election; publication; contents; posting.
Thereupon the county clerk shall publish one notice once each week for three weeks in a newspaper published in the proposed district, and if the district embraces land in more than one county, then said notice shall be published in a legal newspaper published in the proposed district in each county. If no legal newspaper is published in the proposed district then the notice shall be published in a legal newspaper published in each of the counties having land within the proposed district. The notice shall state the filing of the petition; that it is filed under the provisions of sections 31-401 to 31-450, giving the title thereof in full; the boundaries of the proposed district as fixed by the county board; that an election will be held at a certain place in the proposed district, which place shall be named in said notice, between the hours of 8 a.m. and 6 p.m., on a day named therein; that at said election the question of the formation of the proposed district shall be determined, and a board of directors elected, giving the number of such board, such board to take office contingently on the formation of the district;
Provided,
that if there is no newspaper published within the district or within the county, the county clerk shall prepare a copy of such notice, and cause it to be posted in three conspicuous and suitable places in the district.
Source
Laws 1907, c. 153, § 5, p. 475;
R.S.1913, § 1870;
C.S.1922, § 1817;
Laws 1925, c. 87, § 1, p. 265;
C.S.1929, § 31-505;
R.S.1943, § 31-405.
Annotations
Notice of formation of district was properly published. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).
Where notice sets forth boundaries in detail as described in petition for organization of district, it is sufficient to meet requirements of this section as setting forth description. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).
Notice should be given of change of boundaries. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909).
First publication may be less than three weeks before election. State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).