31-115. Drainage improvements; appeal from order of county board; grounds; procedure.

243 words·~1 min read·/ne/chapter-31/31-115

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person or corporation feeling aggrieved thereby may appeal to the district court within and for the proper county, from any final order or judgment of the board made in the proceedings and entered upon its journal determining any one of the following matters:

(1)Whether the ditch will be conducive to the public health, convenience or welfare;

(2)whether the route thereof is practicable;

(3)the compensation for land appropriated; and

(4)the damage claimed to property affected by the improvement. The appeal may be taken and prosecuted in the manner provided by law for appeals from the decision of the county board on claims against the county.

An attempt to appeal under this section confers no jurisdiction upon the district court to review an order of county board making assessments to construct a drainage ditch. Loup River Public Power Dist. v. Platte County, 141 Neb. 29, 2 N.W.2d 609 (1942).

The right to appeal from the assessment of benefits by the county board in the creation of a drainage district is not provided by this section. Loup River Public Power Dist. v. Platte County, 135 Neb. 21, 280 N.W. 430 (1938).

Finding of board that ditch is conducive to public health, etc., is final, and court cannot review. Johannes v. Thayer County, 83 Neb. 689, 120 N.W. 176 (1909); Tyson v. Washington County, 78 Neb. 211, 110 N.W. 634 (1907); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).