Nebraska Revised Statute 31-367

Chapter 31 Section 367

31-367.

Sections, how construed; judgments and decisions, effect; irregularities, rights of parties aggrieved.

Sections 31-301 to 31-369 shall be liberally construed to promote the drainage and reclamation of wet, overflowed or submerged lands. The establishment of said corporation, and the collection of assessments, shall not be defeated by reason of any defect in the proceedings occurring prior to the judgment of the court, or of the board of supervisors confirming and establishing the assessment of benefits and injuries, but such judgment shall be conclusive and final that all prior proceedings were regular and according to law. No person shall be permitted to take advantage of any error, defect, or informality, unless the person complaining thereof is directly affected thereby, at any stage of the proceedings. If the court or board of supervisors shall deem it just to release any person, or modify his assessment or liability, it shall in no manner affect the right or liability of any other person.

Source

  • Laws 1905, c. 161, § 35, p. 634;
  • R.S.1913, § 1862;
  • C.S.1922, § 1809;
  • C.S.1929, § 31-466;
  • R.S.1943, § 31-367.

Annotations

  • Sections 31-301 to 31-369 shall be liberally construed to promote drainage and judgments of court or board of supervisors establishing assessments of benefits and injuries shall be conclusive that all prior proceedings were regular and lawful. Only a person directly affected may take advantage of any error or defect, and modification as to his assessment shall not affect right or liability of another. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).