Nebraska Revised Statute 17-510

Revised Statutes » Chapter 17 » 17-510
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17-510. Streets; improvement district; creation by petition; denial; assessments.

Whenever a petition signed by the owners of the record title representing more than sixty percent of the front footage of the property directly abutting upon the street, streets, alley, alleys, public way, or public grounds proposed to be improved, shall be presented and filed with the city clerk or village clerk, petitioning therefor, the governing body shall by ordinance create a paving, graveling, or other improvement district or districts, and shall cause such work to be done or such improvement to be made, and shall contract therefor, and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street, streets, alley, or alleys especially benefited thereby in such district in proportion to such benefits, except as provided in sections 19-2428 to 19-2431, to pay the cost of such improvement. The governing body shall have the discretion to deny the formation of the proposed district when the area has not previously been improved with a water system, sewer system, and grading of streets. If the governing body should deny a requested improvement district formation, it shall state the grounds for such denial in a written letter to interested parties.

Source

    Laws 1879, § 69, IV, p. 211;
    Laws 1881, c. 23, § 8, IV, p. 173;
    Laws 1885, c. 20, § 1, IV, p. 163;
    Laws 1887, c. 12, § 1, IV, p. 292;
    Laws 1903, c. 20, § 1, p. 248;
    Laws 1909, c. 22, § 1, p. 191;
    Laws 1911, c. 21, § 1, p. 139;
    R.S.1913, § 5110;
    Laws 1915, c. 92, § 1, p. 232;
    Laws 1917, c. 102, § 1, p. 268;
    Laws 1919, c. 50, § 1, p. 145;
    C.S.1922, § 4283;
    Laws 1923, c. 135, § 1, p. 331;
    Laws 1927, c. 42, § 1, p. 177;
    C.S.1929, § 17-432;
    Laws 1933, c. 136, § 20, p. 529;
    C.S.Supp.,1941, § 17-432;
    R.S.1943, § 17-510;
    Laws 1979, LB 176, § 1;
    Laws 1983, LB 125, § 2;
    Laws 1983, LB 94, § 3.

Annotations

Property owner has no constitutional right to notice and hearing upon the formation of the district. Kriz v. Klingensmith, 176 Neb. 205, 125 N.W.2d 674 (1964).

Method is provided for commencing proceedings for paving upon petition of abutting property owners. Elliott v. City of Auburn, 172 Neb. 1, 108 N.W.2d 328 (1961).

All property in improvement district which either abuts on or is adjacent to improvement made is liable for assessments unless exempted. Chicago & N. W. Ry. Co. v. City of Seward, 166 Neb. 662, 90 N.W.2d 282 (1958).

Property abutting on street containing "T" intersections was subject to assessment to extent benefited. Chicago & N. W. Ry. Co. v. City of Seward, 166 Neb. 123, 88 N.W.2d 175 (1958).

Procedure under this section must be initiated by petition of resident owners. Chicago, St. P., M. & O. Ry. Co. v. City of Randolph, 163 Neb. 687, 81 N.W.2d 159 (1957).

Action of governing board to pave may be initiated by petitions signed by sixty percent of the resident owners of abutting property. Manners v. City of Wahoo, 153 Neb. 437, 45 N.W.2d 113 (1950).

Though petition for paving was not signed by three-fifths of the resident owners of the property subject to assessment, the ordinance was valid under statute empowering the city council by the assent of the three-fourths of its members to make the improvement without a petition. City of Superior v. Simpson, 114 Neb. 698, 209 N.W. 505 (1926).

Provision requiring the petition of three-fifths of the resident owners or a three-fourths vote of council or board of trustees does not apply to temporary sidewalks on an unimproved and ungraded street. Gibson v. Troupe, 96 Neb. 770, 148 N.W. 944 (1914).