§ 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.

Legislative History

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).