Nebraska § 31-402 Formation; petition; contents

Nebraska Statutes

§ 31-402 — Formation; petition; contents

Nebraska § 31-402

Ch. 31Drainage

This text of Nebraska § 31-402 (Formation; petition; contents) 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. § 31-402 (2026).

Text

When the district proposed contains real estate owned by less than twenty persons or corporations, one-fourth of said number shall be sufficient to petition for the formation of such district. When there are more than twenty such owners, ten or more owners of real estate therein may sign a petition for the formation of such district, and file said petition with the county clerk of the county having the largest body of land within the proposed district. The petition shall suggest the boundaries of the district, the number of directors that the district shall have if formed, and the amount of bond each shall give.

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When the district proposed contains real estate owned by less than twenty persons or corporations, one-fourth of said number shall be sufficient to petition for the formation of such district. When there are more than twenty such owners, ten or more owners of real estate therein may sign a petition for the formation of such district, and file said petition with the county clerk of the county having the largest body of land within the proposed district. The petition shall suggest the boundaries of the district, the number of directors that the district shall have if formed, and the amount of bond each shall give.

Legislative History

Source: Laws 1907, c. 153, § 2, p. 474; R.S.1913, § 1867; C.S.1922, § 1814; C.S.1929, § 31-502; R.S.1943, § 31-402. Annotations: Number of signers is not required to be designated in the petition. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947). Description in petition for formation of public highways of county named is sufficient. Scottsbluff Drainage District v. Scotts Bluff County, 113 Neb. 187, 202 N.W. 455 (1925). Petition sustained as sufficient against collateral attack. O'Brien v. Schneider, 88 Neb. 479, 129 N.W. 1002 (1911). Districts may cover portions of two counties and may overlap. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909).