Nebraska Revised Statute 31-324
Engineer's report; notice of hearing; form; publication.
The board of supervisors shall give notice of the meeting provided for in section 31-323 by causing a publication thereof to be made once a week for two consecutive weeks in some newspaper published in each county in the district, the last publication to be at least ten days before the day set for the hearing. It shall not be necessary in such notice for the board to name the parties interested, and the following form shall be sufficient:
Notice is hereby given to all parties interested in the following described lands and property in ............... County, Nebraska, (here describe the lands and property) included within (here insert name of drainage district) that the engineer heretofore appointed to make a topographical survey of such drainage district and maps and profiles thereof, and a complete plan for draining, reclaiming, and protecting such district and an estimate of the cost of the proposed drainage improvements, and to assess benefits to the property and lands in such drainage district and to classify the same, filed a report with the board of supervisors of (here insert the name of the drainage district) on the ........... day of ........... 20...., and you and each of you are hereby notified that you may file objections to such report within the time fixed by law.
Chairperson of the board of supervisors of Drainage District Number ........... of ............... County, Nebraska.
- Laws 1905, c. 161, § 13, p. 619;
- Laws 1909, c. 147, § 4, p. 512;
- R.S.1913, § 1819;
- C.S.1922, § 1766;
- C.S.1929, § 31-423;
- R.S.1943, § 31-324;
- Laws 2004, LB 813, § 12.
Hearing on apportionments of benefits is in part to assess benefits to property in the district and to classify same. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).
Assessment in excess of benefits, or without notice to owners, is void. Neal v. Vansickle, 72 Neb. 105, 100 N.W. 200 (1904).