reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4633 - Creditor claim: General power not created by powerholder.

30-4633.
Creditor claim: General power not created by powerholder.
(a) Except as otherwise provided in subsection (b) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:
(1) the powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and
(2) the powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.
(b) Subject to subsection (c) of section 30-4635, a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance within the meaning of 26 U.S.C. 2041(b)(1)(A) or 26 U.S.C. 2514(c)(1), as such sections existed on January 1, 2021, is treated for purposes of the Uniform Powers of Appointment Act as a nongeneral power.
Source
Laws 2021, LB501, § 56.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4634 - Power to withdraw.

30-4634.
Power to withdraw.
(a) For purposes of the Uniform Powers of Appointment Act, and except as otherwise provided in subsection (b) of this section, a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.
(b) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. 2041(b)(2) and 26 U.S.C. 2514(e) or the amount specified in 26 U.S.C. 2503(b), as such sections existed on January 1, 2021.
Source
Laws 2021, LB501, § 57.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4635 - Creditor claim: Nongeneral power.

30-4635.
Creditor claim: Nongeneral power.
(a) Except as otherwise provided in subsections (b) and (c) of this section, appointive property subject to a nongeneral power of appointment is exempt from a claim of a creditor of the powerholder or the powerholder's estate.
(b) Appointive property subject to a nongeneral power of appointment is subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent that the powerholder owned the property and, reserving the nongeneral power, transferred the property in violation of the Uniform Voidable Transactions Act.
(c) If the initial gift in default of appointment is to the powerholder or the powerholder's estate, a nongeneral power of appointment is treated for purposes of the Uniform Powers of Appointment Act as a general power.
Source
Laws 2021, LB501, § 58.
Cross References
Uniform Voidable Transactions Act, see section 36-801.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4636 - Uniformity of application and construction.

30-4636.
Uniformity of application and construction.
In applying and construing the Uniform Powers of Appointment Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source
Laws 2021, LB501, § 59.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4637 - Relation to Electronic Signatures in Global and National Commerce Act.

30-4637.
Relation to Electronic Signatures in Global and National Commerce Act.
The Uniform Powers of Appointment Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Source
Laws 2021, LB501, § 60.
2023 Nebraska Revised Statutes › Chapter 30 - Decedents' Estates; Protection of Persons and Property › 30-4638 - Application to existing relationships.

30-4638.
Application to existing relationships.
(a) Except as otherwise provided in the Uniform Powers of Appointment Act, on and after August 28, 2021:
(1) the Uniform Powers of Appointment Act applies to a power of appointment created before, on, or after August 28, 2021;
(2) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced on or after August 28, 2021;
(3) the Uniform Powers of Appointment Act applies to a judicial proceeding concerning a power of appointment commenced before August 28, 2021, unless the court finds that application of a particular provision of the Uniform Powers of Appointment Act would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of the Uniform Powers of Appointment Act does not apply and the superseded law applies;
(4) a rule of construction or presumption provided in the Uniform Powers of Appointment Act applies to an instrument executed before August 28, 2021, unless there is a clear indication of a contrary intent in the terms of the instrument; and
(5) except as otherwise provided in subdivisions (1) through (4) of this subsection, an action done before August 28, 2021, is not affected by the Uniform Powers of Appointment Act.
(b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than the Uniform Powers of Appointment Act before August 28, 2021, the law continues to apply to the right.
Source
Laws 2021, LB501, § 61.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-101 - Ditches; drains; watercourses; county board; powers.

31-101.
Ditches; drains; watercourses; county board; powers.
The county board of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered, or deepened, any ditch, drain or watercourse, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corporate road, or railroad, and will be conducive to the public health, convenience or welfare.
Source
Laws 1881, c. 51, § 1, p. 236;
Laws 1911, c. 140, § 1, p. 453;
R.S.1913, § 1718;
C.S.1922, § 1665;
C.S.1929, § 31-101;
R.S.1943, § 31-101.
Annotations
1. Powers of county and county officers
2. Procedure
3. Miscellaneous
1. Powers of county and county officers
Void special assessment may be recovered from county. McClary v. County of Dodge, 176 Neb. 627, 126 N.W.2d 849 (1964).
County surveyor laying out drainage ditches and county commissioners in executing drainage contract under this article do not act as agents of the county, and there is no statutory provision making county liable for their neglect. Thompson v. Colfax County, 106 Neb. 351, 183 N.W. 571 (1921).
County board has authority to employ an engineer to survey and report upon location of drainage ditch. Holmvig v. Dakota County, 90 Neb. 576, 134 N.W. 166 (1912).
Before the amendment of 1911, county had no power to drain overflow lands. Campbell v. Youngson, 80 Neb. 322, 114 N.W. 415 (1907).
2. Procedure
Mode of procedure outlined in this article must be strictly followed. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).
Injunction lies to prevent construction of ditch under this article which floods lower riparian owners, until notice of time for hearing on damages is fixed. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
One whose land is traversed by a drainage ditch is entitled to recover the value of the land actually taken, together with any special damages to the remainder of the land caused by the construction of the improvement. Gutschow v. Washington County, 81 Neb. 275, 116 N.W. 46 (1908).
Chapter is constitutional, and provides due process of law. Morris v. Washington County, 72 Neb. 174, 100 N.W. 144 (1904); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
Mandamus will not lie to compel board to proceed, unless relator shows special interest. Van Horn v. State ex rel. Allen, 51 Neb. 232, 70 N.W. 941 (1897).
3. Miscellaneous
Original drain involved was constructed under this article. Harms v. County Board of Supervisors, 173 Neb. 687, 114 N.W.2d 713 (1962).
This act was not amended by sanitary district act. Whedon v. Wells, 95 Neb. 517, 145 N.W. 1007 (1914).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-101.01 - Drainage ditches and improvements; construction under prior law; treatment.

31-101.01.
Drainage ditches and improvements; construction under prior law; treatment.
After June 30, 1972, no drainage ditches or other improvements shall be initiated under the provisions of sections 31-101 to 31-134. All drainage ditches or other improvements which have been approved as provided for by section 31-107 before July 1, 1972, shall not be affected by this section, and the legality of any such ditch or other improvement shall not be subject to any legal action based upon this section. Attempted initiations of drainage ditches or improvements under sections 31-101 to 31-134 which have not been completed before July 1, 1972, shall be null, void and of no effect.
Source
Laws 1969, c. 9, § 60, p. 134;
Laws 1971, LB 544, § 6.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-102 - Ditch, defined; petition, how construed; requirements.

31-102.
Ditch, defined; petition, how construed; requirements.
The word ditch, as used in sections 31-101 to 31-138, shall be held to include a drain or watercourse. The petition for any such improvement shall be held to include any side lateral, spur or branch ditch, drain or watercourse necessary to secure the object of the improvement, whether the same is mentioned therein or not; but no improvement shall be located unless a sufficient outlet is provided.
Source
Laws 1881, c. 51, § 2, p. 236;
Laws 1911, c. 140, § 2, p. 453;
R.S.1913, § 1719;
C.S.1922, § 1666;
C.S.1929, § 31-102;
R.S.1943, § 31-102.
Annotations
Lateral does not qualify words following. Omaha & N.P.R. Co. v. Sarpy County, 82 Neb. 140, 117 N.W. 116 (1908).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-103 - Drainage improvements; costs and expenses; apportioned to county or railroad; when.

31-103.
Drainage improvements; costs and expenses; apportioned to county or railroad; when.
When the proposed improvement will drain the whole, or any part of any public or corporate road or railroad, or will so benefit any such road that the traveled track or roadbed thereof will be improved by its construction, there shall be apportioned to the county, if the road is a state or county road, or to the corporation, if a corporate road or railroad, a proper share of the costs and expenses thereof, as hereinafter provided.
Source
Laws 1881, c. 51, § 3, p. 236;
Laws 1911, c. 140, § 3, p. 454;
R.S.1913, § 1720;
C.S.1922, § 1667;
C.S.1929, § 31-103;
R.S.1943, § 31-103.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-104 - Drainage improvements; petition for construction.

31-104.
Drainage improvements; petition for construction.
A petition for any such improvements shall be made to the county board, signed by one or more owners of lots and lands which shall be benefited thereby, which petition shall be filed with the county clerk, shall set forth the necessity of the proposed improvement and describe the route and termini thereof with reasonable certainty, and shall be accompanied by a good and sufficient bond signed by two or more sureties, to be approved by the county clerk, conditioned for the payment of all costs that may accrue in case the county board shall find against such improvement.
Source
Laws 1881, c. 51, § 4, p. 237;
Laws 1911, c. 140, § 4, p. 454;
R.S.1913, § 1721;
C.S.1922, § 1668;
C.S.1929, § 31-104;
R.S.1943, § 31-104.
Annotations
Petition, stating ditch will drain lands owned by petitioners, is sufficient allegation of ownership. Seng v. Payne, 87 Neb. 812, 128 N.W. 625 (1910).
Petitioners are not liable for expenses of engineer after board finds for improvement. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908).
Description in petition was sufficient. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
Bond is jurisdictional; common law bond is sufficient. Casey v. Burt County, 59 Neb. 624, 81 N.W. 851 (1900).
If board has jurisdiction, irregularities in proceedings will not render assessment void. Darst v. Griffin, 31 Neb. 668, 48 N.W. 819 (1891).
Failure to make finding that petitioners are freeholders is not fatal. Objector must proceed promptly. County of Dakota v. Cheney, 22 Neb. 437, 35 N.W. 211 (1887).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-105 - Drainage improvements; survey; approval of county board.

31-105.
Drainage improvements; survey; approval of county board.
The county clerk shall deliver a copy of the petition to the county board at its next meeting, which shall thereupon take to its assistance a competent surveyor or engineer, if in the opinion of the board his services are necessary, and at once proceed to view the line of the proposed improvement. The board shall determine by actual view of the premises along and in the vicinity thereof, whether the improvement is necessary, or will be conducive to the public health, convenience or welfare, and whether the line described is the best route. The board shall report its finding in writing, and order the clerk to enter the same on its journal.
Source
Laws 1881, c. 51, § 5, p. 237;
Laws 1911, c. 140, § 5, p. 454;
R.S.1913, § 1722;
C.S.1922, § 1669;
C.S.1929, § 31-105;
R.S.1943, § 31-105.
Annotations
Statutory steps for levying of assessment must be strictly followed. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).
Hearing on claim for damage precedes construction of improvement. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
Where an inspection is made by two of three commissioners, a report of findings is sufficient. Seng v. Payne, 87 Neb. 812, 128 N.W. 625 (1910).
Board exercises legislative or ministerial function and may rescind order before rights of third parties vest. State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908).
Finding as to necessity of ditch is not reviewable. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
Finding and entry that route is the best route is jurisdictional. State ex rel. Union Pacific Railway Company v. Colfax County, 51 Neb. 28, 70 N.W. 500 (1897).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-106 - Drainage improvements; change of proposed route; power of county board.

31-106.
Drainage improvements; change of proposed route; power of county board.
If the county board, upon actual view, shall find that the route proposed is not such as to best effect the object sought, it shall change the same and establish the route and determine the dimensions of the proposed improvements;
Provided,
any change so made shall not in any case exceed one hundred and sixty rods from the route described in the petition.
Source
Laws 1881, c. 51, § 6, p. 237;
Laws 1911, c. 140, § 6, p. 455;
R.S.1913, § 1723;
C.S.1922, § 1670;
C.S.1929, § 31-106;
R.S.1943, § 31-106.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-107 - Drainage improvements; survey; plat; estimate of work required.

31-107.
Drainage improvements; survey; plat; estimate of work required.
If the county board shall find for the improvement, it shall cause to be entered on its journal an order directing the county surveyor, or an engineer, to go upon the line described in the petition, or as changed by the board in accordance with section 31-106; to survey and level the same and set a stake at every hundred feet, numbering downstream; to note the intersection of section lines, road crossings, boundary lines, precinct and county lines; to make a report, profile and plat of the same; and to estimate the number of cubic yards for each working section as hereinafter provided.
Source
Laws 1881, c. 51, § 7, p. 238;
Laws 1911, c. 140, § 7, p. 455;
R.S.1913, § 1724;
C.S.1922, § 1671;
C.S.1929, § 31-107;
R.S.1943, § 31-107.
Annotations
The county is authorized to employ an engineer, and the county, not petitioners, is liable. Holmvig v. Dakota County, 90 Neb. 576, 134 N.W. 166 (1912); State ex rel. Sullivan v. Ross, 82 Neb. 414, 118 N.W. 85 (1908).
Where a survey and plat of engineer is confirmed, it is deemed to be that of board. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-108 - Drainage improvements; plat; profile; requisites; surveyor's report.

31-108.
Drainage improvements; plat; profile; requisites; surveyor's report.
The plat provided for in section 31-107 shall be drawn upon a scale sufficiently large to represent all the meanderings of the proposed improvement, and shall show the boundary lines of each lot or tract of land, and of each road or railroad to be benefited thereby, the name of the owner of each lot or tract of land as it then appears on the tax duplicate, the authority or company having in charge or controlling each public or corporate road or railroad, the distance in feet through each tract or parcel of land, and such other matters as the surveyor or engineer deems material. The profile shall show the surface, the grade line, and the gradient fixed. The surveyor or engineer shall file his report with the county clerk within thirty days after making the survey and level.
Source
Laws 1881, c. 51, § 9, p. 238;
Laws 1911, c. 140, § 9, p. 456;
R.S.1913, § 1725;
C.S.1922, § 1672;
C.S.1929, § 31-108;
R.S.1943, § 31-108.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-109 - Drainage improvements; schedule of land benefited; apportionment; estimate of cost of construction; specifications.

31-109.
Drainage improvements; schedule of land benefited; apportionment; estimate of cost of construction; specifications.
The county board shall also by its order direct the surveyor or engineer to make and return a schedule of all lots, lands, public or corporate roads, or railroads that will be benefited by the proposed improvement, whether the same are abutting upon the line of the proposed improvement or not, an apportionment of a number of lineal feet and cubic yards to each lot, tract of land, road or railroad, according to the benefits which will result to each from the improvement, an estimate of the cost of location and construction to each, and a specification of the manner in which the improvement shall be made and completed.
Source
Laws 1881, c. 51, § 8, p. 238;
Laws 1911, c. 140, § 8, p. 455;
R.S.1913, § 1726;
C.S.1922, § 1673;
C.S.1929, § 31-109;
R.S.1943, § 31-109.
Annotations
If land is benefited by the improvement it need not abut upon the line of a drainage district to be subject to special assessments. Loup River Public Power Dist. v. Platte County, 141 Neb. 29, 2 N.W.2d 609 (1942).
County board through surveyor or engineer shall schedule property benefited and property taken or damaged as well. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-110 - Drainage improvements; hearing; notice.

31-110.
Drainage improvements; hearing; notice.
Upon the filing of the report of the surveyor or engineer, the county clerk shall, without delay, fix a day for the hearing of the same, which shall not be more than forty days from the time of the filing of the report, and shall prepare a notice in writing, directed to the resident lot or land owners, and to the authorities or municipal or private corporations affected by the improvement, setting forth the pendency, substance and prayer of the petition, together with a tabular statement of the apportionment as made by the surveyor or engineer in his report, and shall deliver the same to the sheriff, who shall serve a copy of the same upon each resident lot or land owner, each member of such public board or authority, and upon an officer or agent of such private corporation at least ten days before the time fixed for the hearing;
Provided,
the copies need contain only so much of the original notice as affects the interests of the persons so served. The county clerk shall in like manner notify each nonresident lot or land owner, or by publication in a newspaper printed and of general circulation in the county, for at least three consecutive weeks before the day set for the hearing, which notice shall be verified in the manner provided by law for the verification of notices by publication.
Source
Laws 1881, c. 51, § 10, p. 239;
Laws 1911, c. 140, § 10, p. 456;
R.S.1913, § 1727;
C.S.1922, § 1674;
C.S.1929, § 31-110;
R.S.1943, § 31-110.
Annotations
Notice is jurisdictional to the owners whose lands are to be taken or damaged as well as to the persons on whose lands the cost is to be apportioned. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-111 - Drainage improvements; hearing; procedure; order.

31-111.
Drainage improvements; hearing; procedure; order.
The county board shall meet at the office of the county clerk on the day fixed for the hearing, and shall first determine whether the requisite notice has been given. If it finds that due notice has not been given, it shall continue the hearing to a day to be fixed by the board, and order the notices to be served as provided in section 31-110. When the board finds that due notice has been given, it shall examine the report of the surveyor or engineer, including the apportionment made by him, and if it is in all respects fair and just, according to benefits, the board shall approve and confirm the same; but if it finds the apportionment to be unfair or unjust, it shall so order, and so amend the apportionment as to make it fair and just according to benefits.
Source
Laws 1881, c. 51, § 11, p. 240;
Laws 1911, c. 140, § 11, p. 457;
R.S.1913, § 1728;
C.S.1922, § 1675;
C.S.1929, § 31-111;
R.S.1943, § 31-111.
Annotations
Findings cannot be attacked by injunction to avoid assessment. Omaha & N.P.R. Co. v. Sarpy County, 82 Neb. 140, 117 N.W. 116 (1908).
Board acts judicially in determining benefits, and on error proceedings to district court, findings have same weight as verdict. Dodge County v. Acom, 72 Neb. 71, 100 N.W. 136 (1904).
Jurisdictional steps of board set out and compliance therewith found to exist. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-112 - Drainage improvements; compensation and damages for land taken or affected; application; when made.

31-112.
Drainage improvements; compensation and damages for land taken or affected; application; when made.
At any time before the day set for hearing, after persons are notified as provided in section 31-110, any person or corporation whose lands are taken or affected in any way by the improvement may make application to the commissioners in writing for compensation and damages, and a failure to make such application shall be held a waiver of all rights thereto.
Source
Laws 1881, c. 51, § 12, p. 240;
Laws 1911, c. 140, § 12, p. 457;
R.S.1913, § 1729;
C.S.1922, § 1676;
C.S.1929, § 31-112;
R.S.1943, § 31-112.
Annotations
Persons whose land will be damaged by construction of ditch must be compensated. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
Filing of claim waives irregularities in proceedings. Gutschow v. Washington County, 74 Neb. 794, 105 N.W. 548 (1905).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-113 - Drainage improvements; allowance of compensation and assessment of damages; when and how made.

31-113.
Drainage improvements; allowance of compensation and assessment of damages; when and how made.
The county board on actual view of the premises shall fix and allow such compensation for land appropriated and assess such damages as will in its judgment accrue from the construction of the improvement to each person or corporation making application as provided by section 31-112 and without such application to each person with an intellectual disability, person with a mental disorder, or minor owning lands taken or affected by such improvement.
Source
Laws 1881, c. 51, § 13, p. 240;
Laws 1911, c. 140, § 13, p. 457;
R.S.1913, § 1730;
C.S.1922, § 1677;
C.S.1929, § 31-113;
R.S.1943, § 31-113;
Laws 1986, LB 1177, § 13;
Laws 2013, LB23, § 6.
Annotations
Land damaged by the construction of a ditch which diverts the waters from one stream into another, causing the latter to overflow and flood such land, must be compensated for. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).
Compensation includes value of the land actually taken and consequential damages, but, if special benefits exceed cost apportioned, excess is set off. Gutschow v. Washington County, 81 Neb. 275, 116 N.W. 46 (1908); 74 Neb. 800, 107 N.W. 127 (1906); 74 Neb. 794, 105 N.W. 548 (1905).
Special benefit is increased market value due to drainage. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
Land is appropriated though fee is not taken; land damaged, but not taken, is subject to special but not general benefits. Martin v. Fillmore County, 44 Neb. 719, 62 N.W. 863 (1895).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-114 - Drainage improvements; objections to apportionment, compensation, damages; when made; exceptions; hearing; costs.

31-114.
Drainage improvements; objections to apportionment, compensation, damages; when made; exceptions; hearing; costs.
A person or corporation party to the proceedings may file exceptions to the apportionment, or to any claim for compensation or damages at any time before the time set for the final hearing of the report and apportionment. The county board may hear testimony and examine witnesses upon all questions made by the exceptions, and for that purpose may compel the attendance of witnesses by subpoena, which the county clerk shall issue on demand. The decisions of the board on the exceptions shall be entered on its journal, and if it sustains the exceptions, the cost of the hearing thereon shall be paid out of the county treasury, and if it overrules the same, such cost shall be paid by the person or corporation filing the same.
Source
Laws 1881, c. 51, § 14, p. 241;
Laws 1911, c. 140, § 14, p. 457;
R.S.1913, § 1731;
C.S.1922, § 1678;
C.S.1929, § 31-114;
R.S.1943, § 31-114.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-115 - Drainage improvements; appeal from order of county board; grounds; procedure.

31-115.
Drainage improvements; appeal from order of county board; grounds; procedure.
Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county, from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the following matters: (1) Whether the ditch will be conducive to the public health, convenience or welfare; (2) whether the route thereof is practicable; (3) the compensation for land appropriated; and (4) the damage claimed to property affected by the improvement. The appeal may be taken and prosecuted in the manner provided by law for appeals from the decision of the county board on claims against the county.
Source
Laws 1881, c. 51, § 15, p. 241;
Laws 1911, c. 140, § 15, p. 458;
R.S.1913, § 1732;
C.S.1922, § 1679;
C.S.1929, § 31-115;
R.S.1943, § 31-115.
Annotations
An attempt to appeal under this section confers no jurisdiction upon the district court to review an order of county board making assessments to construct a drainage ditch. Loup River Public Power Dist. v. Platte County, 141 Neb. 29, 2 N.W.2d 609 (1942).
The right to appeal from the assessment of benefits by the county board in the creation of a drainage district is not provided by this section. Loup River Public Power Dist. v. Platte County, 135 Neb. 21, 280 N.W. 430 (1938).
Finding of board that ditch is conducive to public health, etc., is final, and court cannot review. Johannes v. Thayer County, 83 Neb. 689, 120 N.W. 176 (1909); Tyson v. Washington County, 78 Neb. 211, 110 N.W. 634 (1907); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-116 - Drainage improvements; appeal; effect upon progress of work; bond.

31-116.
Drainage improvements; appeal; effect upon progress of work; bond.
No appeal taken in pursuance of the provisions of section 31-115 shall in any manner affect the progress of the construction of the proposed improvement;
Provided,
the petitioners shall enter into a good and sufficient bond to be approved by the district court or by the judge thereof at chambers, and filed with the clerk of the court, conditioned for the payment of all damages and costs that the appellant may sustain on the trial of the appeal.
Source
Laws 1881, c. 51, § 16, p. 242;
Laws 1911, c. 140, § 16, p. 458;
R.S.1913, § 1733;
C.S.1922, § 1680;
C.S.1929, § 31-116;
R.S.1943, § 31-116.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-117 - Drainage improvements; appeal; transcript; certification to county board.

31-117.
Drainage improvements; appeal; transcript; certification to county board.
The clerk of the district court, immediately after the close of the term at which the appeal is tried, as provided for in section 31-116, shall certify to the county board a full and complete transcript of the proceedings had upon such appeal in the district court, and the commissioners shall make such entry on their journals as may be necessary to give effect to the judgment of the district court.
Source
Laws 1881, c. 51, § 17, p. 242;
Laws 1911, c. 140, § 17, p. 459;
R.S.1913, § 1734;
C.S.1922, § 1681;
C.S.1929, § 31-117;
R.S.1943, § 31-117.
Annotations
The portion of the report and apportionment of engineer and board, which affects property of appellant, must appear in record. Union Pac. R. Co. v. Colfax County, 84 Neb. 778, 122 N.W. 29 (1909).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-118 - Drainage improvements; advertisement for bids; awarding contract; conditions.

31-118.
Drainage improvements; advertisement for bids; awarding contract; conditions.
(1) Immediately after the transcript mentioned in section 31-117 is returned to the county clerk, immediately upon the filing of the bond mentioned in section 31-116, or, in case there is no appeal as hereinbefore provided, immediately after the hearing of the report mentioned in section 31-111, the county board shall proceed to advertise for sealed bids for the construction of the ditch in working sections not less in extent than the number of lineal feet apportioned to each lot or tract of land, public or corporate road, or railroad, and shall fix a time when the bids may be opened, giving not less than twenty days' notice thereof. The board shall attend at the time and place of opening the bids, shall let the contract or contracts to the lowest responsible bidder, shall take good and sufficient security for the faithful performance of such contract or contracts except as provided in subsection (2) of this section, and shall fix the time for the completion of such contract, not exceeding in any case one hundred fifty days from the time of entering into the same. No bid shall be entertained which exceeds the estimated cost of construction of the working section or sections upon which the bid is made.
(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 person to whom the contract is awarded 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, conditioned for the faithful performance of the contract.
Source
Laws 1881, c. 51, § 18, p. 242;
Laws 1911, c. 140, § 18, p. 459;
R.S.1913, § 1735;
C.S.1922, § 1682;
C.S.1929, § 31-118;
R.S.1943, § 31-118;
Laws 1987, LB 211, § 3.
Annotations
Statutory steps must precede levy of valid assessment. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-119 - Drainage improvements; supervision of work; payment; progress certificates; exceptions.

31-119.
Drainage improvements; supervision of work; payment; progress certificates; exceptions.
The work shall be done under the supervision of the surveyor or engineer appointed by the county board, and when a part, not less than one-fourth of the portion included in any contract, is completed according to the specifications, he shall give the contractor a certificate thereof, showing the proportional amount which the contractor is entitled to be paid according to the terms of the contract. The county clerk shall, upon presentation of such certificate, draw his warrant upon the treasurer for seventy-five percent of said amount, and the treasurer will pay the same out of any funds in the treasury applicable to such purposes;
Provided,
no proportional amounts shall be certified or paid unless the whole of such contract exceeds two thousand lineal feet.
Source
Laws 1881, c. 51, § 19, p. 243;
Laws 1911, c. 140, § 19, p. 459;
R.S.1913, § 1736;
C.S.1922, § 1683;
C.S.1929, § 31-119;
R.S.1943, § 31-119.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-120 - Drainage improvements; uncompleted contract; reletting; conditions.

31-120.
Drainage improvements; uncompleted contract; reletting; conditions.
Any contract not completed within the time specified shall be reestimated and relet to the lowest responsible bidder, but not for a sum greater than the estimate, nor a second time to the same party;
Provided,
the county board, may for a good cause, extend the time of any contractors not to exceed two years.
Source
Laws 1881, c. 51, § 20, p. 243;
Laws 1885, c. 94, § 1, p. 373;
Laws 1911, c. 140, § 20, p. 460;
R.S.1913, § 1737;
C.S.1922, § 1684;
C.S.1929, § 31-120;
R.S.1943, § 31-120.
Annotations
In absence of fraud, contract is valid though there was only one bid. Gutschow v. Washington County, 74 Neb. 378, 104 N.W. 602 (1905).
Section is directory, and is not exclusive means of ascertaining damages. McDonald v. Dodge County, 41 Neb. 905, 60 N.W. 366 (1894).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-121 - Drainage improvements; assessments.

31-121.
Drainage improvements; assessments.
When the working sections are let, as hereinbefore provided, and the costs and expenses of location and construction, and all compensation and damages are ascertained, the county board shall meet and determine at what time and in what number of assessments it will require the same to be paid. The board shall order that the assessments as made by it shall be placed on the duplicate tax list against the lots and lands so assessed.
Source
Laws 1881, c. 51, § 21, p. 244;
Laws 1909, c. 145, § 1, p. 504;
Laws 1911, c. 140, § 21, p. 460;
R.S.1913, § 1738;
C.S.1922, § 1685;
C.S.1929, § 31-121;
R.S.1943, § 31-121.
Annotations
Statute impliedly confers power to impose a tax. Morris v. Washington County, 72 Neb. 174, 100 N.W. 144 (1904).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-122 - Drainage improvements; deficiencies; supplemental assessments.

31-122.
Drainage improvements; deficiencies; supplemental assessments.
In case of deficiencies appearing after the original assessment, supplemental assessments upon the proportional fixed by the main assessment may be made on the lands benefited to make up such deficiency, and the annual interest on such bonds shall be made from annual levies made upon the lands benefited on the proportional of the assessments.
Source
Laws 1911, c. 140, § 21, p. 461;
R.S.1913, § 1739;
C.S.1922, § 1686;
C.S.1929, § 31-122;
R.S.1943, § 31-122.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-123 - Drainage improvements; assessments; collection; liens; interest.

31-123.
Drainage improvements; assessments; collection; liens; interest.
Where the county board has made an assessment it shall cause an entry to be made directing the clerk to make and furnish to the treasurer a special duplicate, with the assessment arranged thereon, as required by its order. The clerk shall retain a copy thereof in his office, and all assessments shall be collected and accounted for by the treasurer. In case such assessments, or any part thereof, are not paid by the party or parties owning or controlling the lots or lands against which such assessments are made in the manner contemplated by sections 31-101 to 31-138, such assessments shall be and remain a perpetual lien against the premises so assessed; and the county treasurer shall proceed to advertise and sell said lots and lands, or such portions thereof as shall be necessary to pay such assessments, together with the costs, in the same manner as real estate is by law advertised and sold by him for the payment of delinquent taxes;
Provided,
the commissioners may extend the time of payment (without interest) of such assessments, to correspond with any extension of time that may be granted to any contractor under the provisions of section 31-120, and in case assessments are not paid when due, they shall draw nine percent interest per annum until paid.
Source
Laws 1881, c. 51, § 22, p. 244;
Laws 1885, c. 94, § 2, p. 373;
Laws 1911, c. 140, § 22, p. 461;
R.S.1913, § 1740;
C.S.1922, § 1687;
C.S.1929, § 31-123;
Laws 1933, c. 136, § 23, p. 536;
C.S.Supp.,1941, § 31-123;
R.S.1943, § 31-123.
Annotations
Section is constitutional. Legislature may authorize counties to make local improvements by special assessments. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901); Darst v. Griffin, 31 Neb. 668, 48 N.W. 819 (1891).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-124 - Drainage improvements; proceedings; irregularities; effect.

31-124.
Drainage improvements; proceedings; irregularities; effect.
The collection of assessments to be levied to pay for the location or construction of any ditch shall not be enjoined nor declared void, nor shall such assessment be set aside in consequence of any error or irregularity committed or appearing in any of the proceedings provided by sections 31-101 to 31-138, and 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 county in an action brought for that purpose in case such injunction is made perpetual.
Source
Laws 1881, c. 51, § 28, p. 246;
Laws 1911, c. 140, § 28, p. 464;
R.S.1913, § 1741;
C.S.1922, § 1688;
C.S.1929, § 31-124;
R.S.1943, § 31-124.
Annotations
Invalid special assessments under this section may be recovered from county. McClary v. County of Dodge, 176 Neb. 627, 126 N.W.2d 849 (1964).
This section is not broad enough to authorize reassessment of benefits. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).
Irregularities or failure to comply literally with provisions, where board has jurisdiction, is immaterial. Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).
Section does not apply where assessment is void. Morris v. Merrell, 44 Neb. 423, 62 N.W. 865 (1895).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-125 - Drainage improvements; bonds; when issued; rate of interest; installments.

31-125.
Drainage improvements; bonds; when issued; rate of interest; installments.
When, in the judgment of the county board, the assessments are too large for immediate payment, the board may issue negotiable bonds of the county with interest coupons attached, which bonds and coupons shall be signed by the chairman of the board and countersigned by the county clerk of the county, and shall be paid in not to exceed ten installments, one bond maturing each year, to pay the costs and expenses of location and construction, and all compensation and damages ascertained.
Source
Laws 1909, c. 145, § 1, p. 504;
Laws 1911, c. 140, § 21, p. 460;
R.S.1913, § 1742;
C.S.1922, § 1689;
C.S.1929, § 31-125;
R.S.1943, § 31-125;
Laws 1969, c. 51, § 88, p. 330.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-126 - Drainage improvements; bonds; issuance; notice.

31-126.
Drainage improvements; bonds; issuance; notice.
In the event of a county board determining to issue bonds, it shall give notice by publication once each week for three weeks of the proposed issue of bonds, and the amount thereof, at any time within sixty days after the date of the first publication of such notice.
Source
Laws 1911, c. 140, § 21, p. 461;
R.S.1913, § 1743;
C.S.1922, § 1690;
C.S.1929, § 31-126;
R.S.1943, § 31-126.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-127 - Drainage improvements; bonds; sale; lien; registration.

31-127.
Drainage improvements; bonds; sale; lien; registration.
All bonds shall be sold at not less than par and shall be and remain a first lien upon the property found to be benefited, each part and parcel to remain under such lien until the amount apportioned thereto shall be paid. All bonds shall be registered as provided by law for the registration of municipal bonds.
Source
Laws 1911, c. 140, § 21, p. 461;
R.S.1913, § 1744;
C.S.1922, § 1691;
C.S.1929, § 31-127;
R.S.1943, § 31-127.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-128 - Drainage improvements; payment of assessments in cash; effect.

31-128.
Drainage improvements; payment of assessments in cash; effect.
Any owner of any tract of land, or of an easement therein, may pay the whole of his assessment in cash, and in such case the bonds so issued shall not be a lien against the lands, lots or property of the owner.
Source
Laws 1909, c. 145, § 1, p. 505;
Laws 1911, c. 140, § 21, p. 461;
R.S.1913, § 1745;
C.S.1922, § 1692;
C.S.1929, § 31-128;
R.S.1943, § 31-128.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-129 - Drainage improvements; bonds; limitation on amount.

31-129.
Drainage improvements; bonds; limitation on amount.
Bonds so issued shall be limited to the amount actually required, after taking into consideration cash payment by property owners that may be made as provided in section 31-128.
Source
Laws 1909, c. 145, § 1, p. 505;
Laws 1911, c. 140, § 21, p. 461;
R.S.1913, § 1746;
C.S.1922, § 1693;
C.S.1929, § 31-129;
R.S.1943, § 31-129.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-130 - Neglect of duty; penalty.

31-130.
Neglect of duty; penalty.
Any officer mentioned in sections 31-101 to 31-138 who shall neglect or refuse to perform any duty imposed upon him by the provisions of said sections, shall forfeit and pay a fine of twenty-five dollars for every such offense.
Source
Laws 1881, c. 51, § 23, p. 245;
Laws 1911, c. 140, § 23, p. 462;
R.S.1913, § 1747;
C.S.1922, § 1694;
C.S.1929, § 31-130;
R.S.1943, § 31-130.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-131 - Drainage improvements; ditches in two counties; procedure.

31-131.
Drainage improvements; ditches in two counties; procedure.
When a ditch is proposed which will require a location in more than one county, application shall be made to the county board of each county so affected, and the surveyor or engineer shall make a report for each county. Application for damages shall be made, and appeals from the findings of the boards in joint session, locating and establishing such ditch, and from the assessment of damages or compensation, shall be taken to the district court in the county in which the lots or lands which are immediately affected are located. A majority of the boards of each county, when in joint session, shall be competent to locate and establish such ditch.
Source
Laws 1881, c. 51, § 24, p. 245;
Laws 1911, c. 140, § 24, p. 462;
R.S.1913, § 1748;
C.S.1922, § 1695;
C.S.1929, § 31-131;
R.S.1943, § 31-131.
Annotations
County may establish a new system covering joint ditch, but may not evade expense of cleaning old ditch. Morris v. Washington County, 72 Neb. 174, 100 N.W. 144 (1904).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-133 - County ditch fund; borrowing from county general fund permitted; conditions.

31-133.
County ditch fund; borrowing from county general fund permitted; conditions.
The county board of any county in this state is hereby authorized, whenever it deems necessary, to create a county ditch fund, to consist of taxes collected from county levies, and all balances remaining unexpended of special ditch funds, arising from excess of assessments made on ditch improvements after the expenses thereof have been fully paid. The county board is hereby authorized, whenever necessary, to borrow from the county general fund for the benefit of the above-named ditch fund. All money so borrowed shall be, as soon as practicable, returned to the county general fund.
Source
Laws 1881, c. 51, § 26, p. 246;
Laws 1911, c. 140, § 26, p. 463;
R.S.1913, § 1750;
C.S.1922, § 1697;
C.S.1929, § 31-133;
R.S.1943, § 31-133.
Annotations
It is the duty of the county to keep ditch free of obstructions. Gray v. Chicago, St. P., M. & O. R. Co., 90 Neb. 795, 134 N.W. 961 (1912).
Ditch fund is for maintenance of ditch by county. Gutschow v. Washington County, 81 Neb. 275, 116 N.W. 46 (1908).
Borrowing from general fund is discretionary with board, and mandamus does not lie. Hall v. State ex rel. Renard, 54 Neb. 280, 74 N.W. 590 (1898).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-134 - Obstructing drainage ditch; penalty.

31-134.
Obstructing drainage ditch; penalty.
Any person or persons or association of any kind or any corporation, who shall either for himself or for another deposit within the banks, limits or right-of-way of any drain or ditch, that has been, or shall hereafter be constructed under the terms and provisions of sections 31-101 to 31-138, or within the banks of watercourses or draws, or within any road ditches along any public highways that lead or empty into such drains or ditches, any brush, trees, hay, straw, manure or any other debris, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor more than fifty dollars, and shall moreover be liable in damages to any party injured.
Source
Laws 1881, c. 51, § 27, p. 246;
Laws 1905, c. 159, § 1, p. 608;
Laws 1909, c. 142, § 1, p. 500;
Laws 1911, c. 140, § 27, p. 464;
R.S.1913, § 1751;
C.S.1922, § 1698;
C.S.1929, § 31-134;
R.S.1943, § 31-134.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-135 - Drainage ditches; petition to clean and place in efficient condition.

31-135.
Drainage ditches; petition to clean and place in efficient condition.
In any county wherein a drainage ditch has been constructed under the provisions of sections 31-101 to 31-134, or by any drainage district which shall have been dissolved, a petition may be filed with the county clerk, signed by at least twenty-five percent of the landowners benefited by any such ditch, praying that the county board may cause such ditch to be cleared and placed in efficient condition and the cost thereof apportioned equitably.
Source
Laws 1911, c. 141, § 1, p. 465;
R.S.1913, § 1752;
C.S.1922, § 1699;
Laws 1929, c. 130, § 2, p. 481;
C.S.1929, § 31-135;
R.S.1943, § 31-135;
Laws 1949, c. 79, § 1, p. 212.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-136 - Drainage ditches; petition; survey; cost estimate.

31-136.
Drainage ditches; petition; survey; cost estimate.
Upon the filing of the petition provided for in section 31-135, it shall be the duty of the county board to cause a survey and estimate of the cost of such improvement to be made by some competent surveyor within sixty days thereafter.
Source
Laws 1911, c. 141, § 2, p. 465;
R.S.1913, § 1753;
C.S.1922, § 1700;
C.S.1929, § 31-136;
R.S.1943, § 31-136.