Nebraska Revised Statute 31-329

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Chapter 31

31-329.

Engineer's report; objections; decision; appeal; bond; procedure.

Any person or corporation who has filed objections and had a hearing, feeling aggrieved by the decision and judgment of the board of supervisors, may appeal to the district court within and for the county in which the drainage district was originally established, upon giving a bond conditioned the same as in appeals to the district court as from civil actions in county court in this state and payable to the drainage district, and in addition thereto conditioned that the appellant will pay all damages which may accrue to the drainage district by reason of such appeal. The bond shall be approved by the secretary of the board of supervisors and filed with the secretary within ten days after the rendition of the decision appealed from. Within ten days after the filing of the bond the secretary shall make and file a transcript of the proceedings appealed from, together with all the documents relating thereto, with the clerk of the district court in which the matter has been appealed. Upon the filing of the transcript and bond, the district court shall have jurisdiction of the cause, and the same shall be filed as in appeals in other civil actions to such court. The court shall hear and determine all such objections in a summary manner as in a case in equity and shall increase or reduce the amount of benefit on any tract where the same may be required in order to make the apportionment equitable. All objections that may be filed shall be heard and determined by the court as one proceeding, and only one transcript of the final order of the board of supervisors, fixing the apportionments or benefits, shall be required. The clerk of the district court shall forthwith certify the decision of the court to the board of supervisors which shall take such action as may be rendered necessary by such decisions.

Source

Annotations

  • Appeals from apportionment of benefits and classification may be taken to district court which is to determine all objections in a summary manner as in equity. Lost Creek Drainage Dist. v. Elsam, 188 Neb. 705, 199 N.W.2d 387 (1972).

  • Upon appeal to district court from board of supervisors of a drainage district, objections are heard and determined as in equity and upon appeal to the Supreme Court, cause is tried de novo. Drainage Dist. No. 10 v. Canaday, 188 Neb. 701, 199 N.W.2d 385 (1972).

  • Case is tried de novo upon appeal to the Supreme Court. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).

  • Filing of transcript of proceedings upon objections of appellant gives jurisdiction. Nemaha Valley Drainage Dist. No. 2 v. Marconnit, 90 Neb. 514, 134 N.W. 177 (1912).

  • On appeal, district is the moving party and has the burden of proof. Drainage Dist. No. 1 of Richardson County v. Bowker, 89 Neb. 230, 131 N.W. 208 (1911).

  • Judicial hearing without a jury to determine special assessment is constitutional. Drainage Dist. No. 1 of Richardson County v. Richardson County, 86 Neb. 355, 125 N.W. 796 (1910).