Nebraska § 31-315 - Assessments; basis.
Full text of Nebraska Revised Statutes of Nebraska § 31-315 — Assessments; basis., with citation guidance and answers to common questions.
§ 31-315. Assessments; basis.
No assessment shall be made for benefits to any lands upon any other principle than that of benefits derived, but all assessments shall be made upon the basis of benefits derived and secured by reason of the construction of such improvements and works in affording drainage, or giving an outlet for drainage, protection from overflow, and damage from water.
Assessments are made upon basis of benefits derived. Petersen v. Thurston, 161 Neb. 758, 74 N.W.2d 528 (1956).
Where board of supervisors of a drainage district assess property not within the district, and do not assess on basis of benefits derived, the order levying assessments is void and subject to collateral attack. Drainage Dist. No. 1 v. Village of Hershey, 139 Neb. 205, 296 N.W. 879 (1941).
Levy need not be confined to part actually overflowed if the whole is benefited. Nemaha Valley Drainage Dist. No. 2 v. Higgins, 90 Neb. 513, 134 N.W. 185 (1912).
Exact apportionment in detail is impossible, but it is sufficient if each tract as a whole is improved. Land appropriated for ditch must be excluded from land assessed. Nemaha Valley Drainage District No. 2 v. Stocker, 90 Neb. 507, 134 N.W. 183 (1912).
Frequently Asked Questions About Nebraska § 31-315
What does Revised Statutes of Nebraska § 31-315 cover?
Section 31-315 ("Assessments; basis.") 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 § 31-315?
A common citation format is "Revised Statutes of Nebraska § 31-315" (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 § 31-315 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.