Nebraska § 31-133 County ditch fund; borrowing from county general fund permitted; conditions

Nebraska Statutes

§ 31-133 — County ditch fund; borrowing from county general fund permitted; conditions

Nebraska § 31-133

Ch. 31Drainage

This text of Nebraska § 31-133 (County ditch fund; borrowing from county general fund permitted; conditions) 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. § 31-133 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Legislative History

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).