§ 31-730 — Petition; objection; hearing; order creating

Nebraska § 31-730

• Jurisdiction: Nebraska
• Ch. 31: Drainage

Text

Such petition, and objections if any, shall be heard by the court without any unnecessary delay and should the court determine that the formation of such district will be conducive to the public health, convenience, or welfare, the district court shall declare the sanitary and improvement district a public corporation of this state and shall declare five of the trustees nominated, or in case of objection thereto, other suitable trustees who shall be (1) owners of real estate located in the district or (2) designated to serve as a representative on the board of trustees if the real estate is owned by a limited partnership, a general partnership, a limited liability company, a public, private, or municipal corporation, an estate, or a trust, to be the board of trustees of such corporation to serve until their successors are elected and qualified. If any owner of real estate located in the proposed district satisfies the court that his or her real estate, or any part thereof, will not be benefited thereby, then the court may exclude such real estate as will not be benefited and declare the remainder a district as prayed for. No lands included within any municipal corporation shall be included in any sanitary and improvement district, and no tract of twenty acres or more which is outside any municipal corporation and is used primarily for industrial purposes shall be included in any sanitary and improvement district organized under sections 31-727 to 31-762 without the written consent of the owner of such tract.

Legislative History

Source: Laws 1949, c. 78, § 4, p. 197; Laws 2003, LB 721, § 2. Annotations: A sanitary and improvement district is a legislative creature, a political subdivision of the State of Nebraska. SID No. 67 v. State, 309 Neb. 600, 961 N.W.2d 796 (2021). A sanitary and improvement district is not a "person" having "private property" for purposes of bringing a takings claim. SID No. 67 v. State, 309 Neb. 600, 961 N.W.2d 796 (2021). Once formed, a sanitary and improvement district has no inherent authority to hold an interest in property; it, unlike a "person," can exercise only those powers expressly granted to it by statute or necessarily implied to carry out its expressed powers. SID No. 67 v. State, 309 Neb. 600, 961 N.W.2d 796 (2021). Statutes prescribe sanitary and improvement districts' formation as a public corporation of this state. SID No. 67 v. State, 309 Neb. 600, 961 N.W.2d 796 (2021). The hearing before a trial court provided for in this section concerning the organization of sanitary and improvement districts is one in equity. In re Petition of SID No. 1, 270 Neb. 856, 708 N.W.2d 809 (2006). Under this section, petitioners need not prove that the formation of a sanitary improvement district to install a sanitary sewer system is the only, the cheapest, or even the best means of tackling their waste system problems; they must show only that the sanitary improvement district will benefit the public health, convenience, or welfare. In re Petition of SID No. 1, 270 Neb. 856, 708 N.W.2d 809 (2006). No land within a municipality may be included in the formation of a sanitary and improvement district. Sanitary & Improvement Dist. v. City of Ralston, 182 Neb. 63, 152 N.W.2d 111 (1967). The hearing before district court is treated as one in equity. Zwink v. Ahlman, 177 Neb. 15, 128 N.W.2d 121 (1964).