Nebraska § 31-104 Drainage improvements; petition for construction

Nebraska Statutes

§ 31-104 — Drainage improvements; petition for construction

Nebraska § 31-104

Ch. 31Drainage

This text of Nebraska § 31-104 (Drainage improvements; petition for construction) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 31-104 (2026).

Text

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.

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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.

Legislative History

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).