Nebraska Revised Statute 31-369

Chapter 31 Section 369

31-369.

Drainage district; name; corporate powers; liabilities.

Every district organized under the provisions of sections 31-301 to 31-369 shall be a body politic and corporate and shall be known by the corporate name of Drainage District Number ........................... of ................... County, and shall have power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, have and use a corporate seal, and exercise any and all other powers, as a corporation, necessary to carry out the purposes of said sections. All such districts shall be liable for all injuries and damages, caused by the construction of said drainage improvements, arising by virtue of contract or tort.

Source

  • Laws 1905, c. 161, § 37, p. 635;
  • Laws 1911, c. 144, § 6, p. 483;
  • R.S.1913, § 1864;
  • C.S.1922, § 1811;
  • C.S.1929, § 31-468;
  • R.S.1943, § 31-369.

Annotations

  • District was liable for all damages caused by construction of improvement. Wellensiek v. Drainage Dist. No. 1, 172 Neb. 869, 112 N.W.2d 267 (1961).

  • District is liable for damages caused by negligence in construction or maintenance. Miller v. Drainage Dist. No. 1 of Richardson County, 112 Neb. 206, 199 N.W. 28 (1924).

  • Damages to third parties are recoverable in proceedings other than those for the organization of the district. Latham v. Chicago, B. & Q. R. Co., 100 Neb. 173, 158 N.W. 923 (1916).

  • District is a public corporation and may sue and be sued. Nemaha Valley Drainage District No. 2 v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912).