§ 31-328 — Engineer's report; objections; hearing; costs; how taxed

The costs of the hearing in case of contest shall be taxed and assessed as follows:
(1) If the matter shall be determined by the board against the party's contention objecting to the assessment, all costs upon the hearing of his objections shall be adjudged against such objector; and the board of supervisors shall have the right to recover the same from such objector or objectors for the benefit of the drainage corporation in a civil action for that purpose before any court of competent jurisdiction in the name of the drainage corporation;
(2) In case the matter is finally determined by the board of supervisors partly in favor of and partly against the contention of any objector or objectors, the costs shall be apportioned between the drainage district and the objectors as the board shall deem just and equitable; and
(3) In case the contention of the objectors is wholly sustained and the matter is fully determined in their favor by the board, the costs shall be paid by the drainage district.
The fees allowed upon such hearing shall be the same as those now allowed upon the trial of civil actions in county court.

Legislative History

Source: Laws 1905, c. 161, § 16, p. 623; R.S.1913, § 1823; C.S.1922, § 1770; C.S.1929, § 31-427; R.S.1943, § 31-328; Laws 1972, LB 1032, § 206.