Nebraska § 31-111 Drainage improvements; hearing; procedure; order

Nebraska Statutes

§ 31-111 — Drainage improvements; hearing; procedure; order

Nebraska § 31-111

Ch. 31Drainage

This text of Nebraska § 31-111 (Drainage improvements; hearing; procedure; order) 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. § 31-111 (2026).

Text

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.

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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.

Legislative History

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).