31-321 Board of supervisors; right-of-way; right of eminent domain; procedure. - Nebraska Statutes

31-321. Board of supervisors; right-of-way; right of eminent domain; procedure.When the members of the board of supervisors, by order entered of record, have agreed upon a location or route for the ditch or ditches and formulated a plan for the other improvements contemplated, then the board in behalf of such district, shall have the right to acquire and if need be condemn any real estate, easement, or franchise, whether the same be within the limits of such district or outside its boundaries, that may be necessary for a right-of-way over or upon which to construct and maintain the ditches, dikes, drains, and other works contemplated by any of the provisions of sections 31-301 to 31-369. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. SourceLaws 1905, c. 161, § 12, p. 618; R.S.1913, § 1816; C.S.1922, § 1763; C.S.1929, § 31-420; R.S.1943, § 31-321; Laws 1951, c. 101, § 72, p. 479. AnnotationsDistrict is given power to acquire easements for rights-of-way. County of Johnson v. Weber, 160 Neb. 432, 70 N.W.2d 440 (1955).District is given the power of eminent domain to acquire rights-of-way whether within or without the district. Latham v. Chicago, B. & Q. R. Co., 100 Neb. 173, 158 N.W. 923 (1916).This and following section are constitutional. Drainage Dist. No. 1 of Pawnee County v. Chicago, B. & Q. R. Co., 96 Neb. 1, 146 N.W. 1055 (1914).