31-110. Drainage improvements; hearing; notice.
271 words·~1 min read·
/ne/chapter-31/31-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Upon the filing of the report of the surveyor or engineer, the county clerk shall, without delay, fix a day for the hearing of the same, which shall not be more than forty days from the time of the filing of the report, and shall prepare a notice in writing, directed to the resident lot or land owners, and to the authorities or municipal or private corporations affected by the improvement, setting forth the pendency, substance and prayer of the petition, together with a tabular statement of the apportionment as made by the surveyor or engineer in his report, and shall deliver the same to the sheriff, who shall serve a copy of the same upon each resident lot or land owner, each member of such public board or authority, and upon an officer or agent of such private corporation at least ten days before the time fixed for the hearing;
Provided, the copies need contain only so much of the original notice as affects the interests of the persons so served. The county clerk shall in like manner notify each nonresident lot or land owner, or by publication in a newspaper printed and of general circulation in the county, for at least three consecutive weeks before the day set for the hearing, which notice shall be verified in the manner provided by law for the verification of notices by publication.
Notice is jurisdictional to the owners whose lands are to be taken or damaged as well as to the persons on whose lands the cost is to be apportioned. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).