31-335. Streets, highways, and railroad property; assessment; tax; collection.

369 words·~2 min read·/ne/chapter-31/31-335

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

When any ditch, drain, improved watercourse, dike, levee or other drainage improvement, located and established under sections 31-301 to 31-369 , crosses, drains, or protects either in whole or in part any street, highway, public or corporate road of any railroad, or benefits any or either of such streets, roads or railroads, the board of supervisors shall apportion and set off to the county or a township, if a county road, or to a company, if incorporated, or a railroad, and to a city or village, if a street or alley, a portion of the cost and expense of the whole drainage improvements, the same as to private individuals, and in proportion to the benefits conferred by such drainage improvements on such street, roads and railroads.

Any apportionment of the cost and expenses of the drainage improvements that may be levied as a special tax or assessment against the property of any incorporated road, or any railroad, or any telegraph or telephone company for benefits accruing to the property of such corporations situated within the physical boundaries of such drainage district, shall be enforced and collected in the same manner that county taxes are enforced against them under the general revenue laws of the state.

Any apportionment of the costs and expenses aforesaid to a county, township, city or village, shall be filed as a claim with the county, township, city or village clerk, as the case may be, and may be enforced and collected as other judgments against such county, township or municipal corporation are enforced and collected.

Creating liability against a village for benefits to streets and alleys for drainage improvement within a drainage district is not in contravention of the Constitution. Drainage District No. 1 of Lincoln County v. Village of Hershey, 145 Neb. 138, 15 N.W.2d 337 (1944).

Supervisors have power hereunder to assess railroad company. Drainage Dist. No. 1 of Pawnee County v. Chicago, B. & Q. R. Co., 96 Neb. 1, 146 N.W. 1055 (1914).

Section is constitutional. County property may be assessed for special improvements, and assessments should be charged to county and not township. Drainage Dist. No. 1 of Richardson County v. Richardson County, 86 Neb. 355, 125 N.W. 796 (1910).