Nebraska § 46-255 - Ditches; construction through private property; bridges and gates.
Full text of Nebraska Revised Statutes of Nebraska § 46-255 — Ditches; construction through private property; bridges and gates., with citation guidance and answers to common questions.
§ 46-255. Ditches; construction through private property; bridges and gates.
Any person, constructing a ditch or canal through the lands of another, having no interest in such ditch or canal, shall build such ditch or canal in a substantial manner so as to prevent damage to such land. In all cases where necessary for the free and convenient use of lands on both sides of the ditch or canal by the owner or owners of such lands, the owner or those in control of such ditch shall erect substantial and convenient bridges across such canal or ditch, and they shall erect and keep in order suitable gates at the point of entrance and exit of such ditch through any enclosed field.
Mandamus is proper remedy to compel construction of bridge over canal where title to the canal remains in the United States, but the canal is controlled by the defendant. Nuss v. Pathfinder Irr. Dist., 214 Neb. 888, 336 N.W.2d 584 (1983).
Mandamus is proper remedy to compel construction of bridges over irrigation canal. Crawford v. Central Nebraska P. P. & I. Dist., 154 Neb. 832, 49 N.W.2d 682 (1951).
Mandamus will lie in county where land is located to compel public power and irrigation district to construct bridge across one of its canals. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 140 Neb. 471, 300 N.W. 379 (1941).
Mandamus lies to compel owner of irrigation canal to erect bridge across canal whenever necessary for free and convenient use by owner of lands on both sides. State ex rel. Strever v. Dawson County Irr. Co., 102 Neb. 67, 165 N.W. 882 (1917).
Section applies whether owner owned property at time ditch or canal was built or subsequently acquired same by purchase. State ex rel. O'Shea v. Farmers Irr. Dist., 98 Neb. 239, 152 N.W. 372 (1915), affirmed by Farmers Irr. Dist. v. O'Shea, 244 U.S. 325 (1917).
Injunction is proper remedy for preventing one, without authority, from crossing canal with lateral for purpose of carrying water from another canal to his land. Castle Rock Irr. Canal & Water Power Co. v. Jurisch, 67 Neb. 377, 93 N.W. 690 (1903); Park v. Ackerman, 60 Neb. 405, 83 N.W. 173 (1900).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 46-255
What does Revised Statutes of Nebraska § 46-255 cover?
Section 46-255 ("Ditches; construction through private property; bridges and gates.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 46-255?
A common citation format is "Revised Statutes of Nebraska § 46-255" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 46-255 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.