31-101. Ditches; drains; watercourses; county board; powers.

The county board of any county may, at any regular or special session, cause to be located and constructed, straightened, widened, altered, or deepened, any ditch, drain or watercourse, as hereinafter provided, when the same is necessary to drain any lots, lands, public or corporate road, or railroad, and will be conducive to the public health, convenience or welfare.

Source

Annotations

1. Powers of county and county officers

2. Procedure

3. Miscellaneous

1. Powers of county and county officers

Void special assessment may be recovered from county. McClary v. County of Dodge, 176 Neb. 627, 126 N.W.2d 849 (1964).

County surveyor laying out drainage ditches and county commissioners in executing drainage contract under this article do not act as agents of the county, and there is no statutory provision making county liable for their neglect. Thompson v. Colfax County, 106 Neb. 351, 183 N.W. 571 (1921).

County board has authority to employ an engineer to survey and report upon location of drainage ditch. Holmvig v. Dakota County, 90 Neb. 576, 134 N.W. 166 (1912).

Before the amendment of 1911, county had no power to drain overflow lands. Campbell v. Youngson, 80 Neb. 322, 114 N.W. 415 (1907).

2. Procedure

Mode of procedure outlined in this article must be strictly followed. Shanahan v. Johnson, 170 Neb. 399, 102 N.W.2d 858 (1960).

Injunction lies to prevent construction of ditch under this article which floods lower riparian owners, until notice of time for hearing on damages is fixed. Costello v. Colfax County, 112 Neb. 40, 198 N.W. 357 (1924).

One whose land is traversed by a drainage ditch is entitled to recover the value of the land actually taken, together with any special damages to the remainder of the land caused by the construction of the improvement. Gutschow v. Washington County, 81 Neb. 275, 116 N.W. 46 (1908).

Chapter is constitutional, and provides due process of law. Morris v. Washington County, 72 Neb. 174, 100 N.W. 144 (1904); Dodge County v. Acom, 61 Neb. 376, 85 N.W. 292 (1901).

Mandamus will not lie to compel board to proceed, unless relator shows special interest. Van Horn v. State ex rel. Allen, 51 Neb. 232, 70 N.W. 941 (1897).

3. Miscellaneous

Original drain involved was constructed under this article. Harms v. County Board of Supervisors, 173 Neb. 687, 114 N.W.2d 713 (1962).

This act was not amended by sanitary district act. Whedon v. Wells, 95 Neb. 517, 145 N.W. 1007 (1914).