Nebraska Revised Statute 31-765

Chapter 31 Section 765

31-765.

Annexation; when effective; trustees; administrator; duties; special assessments prohibited.

The merger shall be effective thirty days after the effective date of the ordinance annexing the territory within the district; Provided, if the validity of the ordinance annexing the territory is challenged by a proceeding in a court of competent jurisdiction, the effective date of the merger shall be thirty days after the final determination of the validity of the ordinance. The trustees of a road improvement district or fire protection district or the trustees or administrator of a sanitary and improvement district shall continue in possession and conduct the affairs of the district until the effective date of the merger, but shall not during such period levy any special assessments after the effective date of annexation.

Source

  • Laws 1959, c. 130, § 3, p. 468;
  • Laws 1969, c. 255, § 3, p. 926;
  • Laws 1982, LB 868, § 27.

Annotations

  • This section operates to stay a proposed merger until a court can make a final determination as to its merits. United States Cold Storage v. City of La Vista, 285 Neb. 579, 831 N.W.2d 23 (2013).

  • A court decree confirming legality of municipal bonds does not adjudicate collateral matters, nor the validity of a fiscal agent's fee. Hayes v. Sanitary & Improvement Dist. No. 194, 196 Neb. 653, 244 N.W.2d 505 (1976).

  • Merger of district and city is effective thirty days after the effective date of ordinance annexing the territory within the district. Sanitary & Improvement Dist. v. City of Ralston, 182 Neb. 63, 152 N.W.2d 111 (1967).