Nebraska § 31-409 Directors; qualification;
officers; annual election; vacancies; term

Nebraska Statutes

§ 31-409 — Directors; qualification; officers; annual election; vacancies; term

Nebraska § 31-409

Ch. 31Drainage

This text of Nebraska § 31-409 (Directors; qualification; officers; annual election; vacancies; term) 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. § 31-409 (2026).

Text

A majority
of the directors shall be residents of the county or counties in which the
district is located. Except as provided in section  31-409.03 , any person or
the officer or representative of any corporation owning or controlling any
land assessed for benefits may be a director. The person elected a director
receiving the least number of votes shall hold office for one year, the next
higher for two years, and so on, and the term of each shall be adjusted so
as to make the term of one director expire each year. The officers, consisting
of a president, a treasurer, and a secretary, shall be chosen by the directors
from their own number and for a term of one year. Unless the directors choose
by February fifteenth of a given year to use the procedures provided in section  31-409.01 , annu

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A majority
of the directors shall be residents of the county or counties in which the
district is located. Except as provided in section 31-409.03 , any person or
the officer or representative of any corporation owning or controlling any
land assessed for benefits may be a director. The person elected a director
receiving the least number of votes shall hold office for one year, the next
higher for two years, and so on, and the term of each shall be adjusted so
as to make the term of one director expire each year. The officers, consisting
of a president, a treasurer, and a secretary, shall be chosen by the directors
from their own number and for a term of one year. Unless the directors choose
by February fifteenth of a given year to use the procedures provided in section 31-409.01 , annual elections of directors shall be held on the second Tuesday
of April each year, at the county courthouse or at such other place designated by the board
pursuant to section 31-409.03 .
The annual
election shall be omitted if such date occurs less than nine months after
the first election. Vacancies in the office of directors may be filled by
the remaining directors until the next election. All directors and officers
shall hold office until their successors are elected and qualified.

Legislative History

Source: Laws 1907, c. 153, § 9, p. 478; R.S.1913, § 1874; Laws 1921, c. 275, § 1, p. 905; C.S.1922, § 1821; C.S.1929, § 31-509; R.S.1943, § 31-409; Laws 1951, c. 96, § 2, p. 265; Laws 1983, LB 191, § 1; Laws 1988, LB 1078, § 1; Laws 2011, LB342, § 1. Annotations: Remaining duly elected and qualified directors may fill vacancy by appointment of director who fails to qualify. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).