Nebraska § 31-369 Drainage district; name; corporate powers; liabilities

Nebraska Statutes

§ 31-369 — Drainage district; name; corporate powers; liabilities

Nebraska § 31-369

Ch. 31Drainage

This text of Nebraska § 31-369 (Drainage district; name; corporate powers; liabilities) 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. § 31-369 (2026).

Text

Every district organized under the provisions of sections  31-301  to  31-369  shall be a body politic and corporate and shall be known by the corporate name of Drainage District Number ........................... of ................... County, and shall have power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, have and use a corporate seal, and exercise any and all other powers, as a corporation, necessary to carry out the purposes of said sections. All such districts shall be liable for all injuries and damages, caused by the construction of said drainage improvements, arising by virtue of contract or tort.

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Every district organized under the provisions of sections 31-301 to 31-369 shall be a body politic and corporate and shall be known by the corporate name of Drainage District Number ........................... of ................... County, and shall have power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, have and use a corporate seal, and exercise any and all other powers, as a corporation, necessary to carry out the purposes of said sections. All such districts shall be liable for all injuries and damages, caused by the construction of said drainage improvements, arising by virtue of contract or tort.

Legislative History

Source: Laws 1905, c. 161, § 37, p. 635; Laws 1911, c. 144, § 6, p. 483; R.S.1913, § 1864; C.S.1922, § 1811; C.S.1929, § 31-468; R.S.1943, § 31-369. Annotations: District was liable for all damages caused by construction of improvement. Wellensiek v. Drainage Dist. No. 1, 172 Neb. 869, 112 N.W.2d 267 (1961). District is liable for damages caused by negligence in construction or maintenance. Miller v. Drainage Dist. No. 1 of Richardson County, 112 Neb. 206, 199 N.W. 28 (1924). Damages to third parties are recoverable in proceedings other than those for the organization of the district. Latham v. Chicago, B. & Q. R. Co., 100 Neb. 173, 158 N.W. 923 (1916). District is a public corporation and may sue and be sued. Nemaha Valley Drainage District No. 2 v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912).