Nebraska § 31-113 Drainage improvements;
allowance of compensation and assessment of damages; when and how made

Nebraska Statutes

§ 31-113 — Drainage improvements; allowance of compensation and assessment of damages; when and how made

Nebraska § 31-113

Ch. 31Drainage

This text of Nebraska § 31-113 (Drainage improvements; allowance of compensation and assessment of damages; when and how made) 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. § 31-113 (2026).

Text

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.

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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.

Legislative History

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).