Nebraska § 46-138 Failure of district board to levy taxes; county board to act

Nebraska Statutes

§ 46-138 — Failure of district board to levy taxes; county board to act

Nebraska § 46-138

Ch. 46Irrigation and Regulation of Water

This text of Nebraska § 46-138 (Failure of district board to levy taxes; county board to act) 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. § 46-138 (2026).

Text

In case of the neglect or refusal of a board of directors of any irrigation district to cause an assessment and levy to be made as provided in sections  46-134  and  46-135 , for the payment of principal and interest of outstanding bonds, and for all payments due or to become due the ensuing year to the United States, under any contract between the district and the United States, accompanying which the bonds of the district have not been deposited with the United States as in section  46-126  provided, and for expenses incurred in organizing such district, then the assessment of property made for county purposes, after the same shall have been adjusted by the county equalization board, shall be adopted and shall be the basis and assessment for the district, and the county board of the coun

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In case of the neglect or refusal of a board of directors of any irrigation district to cause an assessment and levy to be made as provided in sections 46-134 and 46-135 , for the payment of principal and interest of outstanding bonds, and for all payments due or to become due the ensuing year to the United States, under any contract between the district and the United States, accompanying which the bonds of the district have not been deposited with the United States as in section 46-126 provided, and for expenses incurred in organizing such district, then the assessment of property made for county purposes, after the same shall have been adjusted by the county equalization board, shall be adopted and shall be the basis and assessment for the district, and the county board of the county in which the district was originally organized shall cause an assessment roll of such district to be prepared, and shall make the levy for the payment of the principal and interest on bonds and to meet all payments due or to become due the ensuing year to the United States under any contract between the district and the United States, accompanying which bonds of the district have been deposited with the United States as in section 46-126 provided, and expenses for organizing such district in the same manner and with like effect as if the same had been made by the board of directors; and the expense incident thereto shall be borne by such district. All such taxes collected and paid to the county treasurer shall be received by such treasurer in his official capacity, and he shall be responsible for the safekeeping, disbursement and payment thereof, the same as for other money collected by him as such treasurer. When requested in writing to do so by the secretary of any irrigation district, the county treasurer shall make weekly reports of all such irrigation district taxes collected by him for the district from which the request came, giving the amount collected for each fund, the interest collected and the legal description of the land on which such taxes were collected.

Legislative History

Source: Laws 1895, c. 70, § 19, p. 283; Laws 1897, c. 86, § 4, p. 363; Laws 1899, c. 78, § 1, p. 333; Laws 1901, c. 77, § 1, p. 469; Laws 1913, c. 142, § 3, p. 347; R.S.1913, § 3475; Laws 1915, c. 68, § 1, p. 169; Laws 1915, c. 69, § 5, p. 177; Laws 1919, c. 110, § 1, p. 271; C.S.1922, § 2875; C.S.1929, § 46-120; R.S.1943, § 46-138. Annotations: This section does not give the county board of equalization authority to levy taxes for the payment of a judgment obtained against an irrigation district. Loup County v. Rumbaugh, 151 Neb. 563, 38 N.W.2d 745 (1949).