31-405 Formation; notice of election; publication; contents; posting. - Nebraska Statutes

31-405. Formation; notice of election; publication; contents; posting.Thereupon the county clerk shall publish one notice once each week for three weeks in a newspaper published in the proposed district, and if the district embraces land in more than one county, then said notice shall be published in a legal newspaper published in the proposed district in each county. If no legal newspaper is published in the proposed district then the notice shall be published in a legal newspaper published in each of the counties having land within the proposed district. The notice shall state the filing of the petition; that it is filed under the provisions of sections 31-401 to 31-450, giving the title thereof in full; the boundaries of the proposed district as fixed by the county board; that an election will be held at a certain place in the proposed district, which place shall be named in said notice, between the hours of 8 a.m. and 6 p.m., on a day named therein; that at said election the question of the formation of the proposed district shall be determined, and a board of directors elected, giving the number of such board, such board to take office contingently on the formation of the district; Provided, that if there is no newspaper published within the district or within the county, the county clerk shall prepare a copy of such notice, and cause it to be posted in three conspicuous and suitable places in the district. SourceLaws 1907, c. 153, § 5, p. 475; R.S.1913, § 1870; C.S.1922, § 1817; Laws 1925, c. 87, § 1, p. 265; C.S.1929, § 31-505; R.S.1943, § 31-405.AnnotationsNotice of formation of district was properly published. Prucka v. Eastern Sarpy Drainage Dist., 157 Neb. 284, 59 N.W.2d 761 (1953).Where notice sets forth boundaries in detail as described in petition for organization of district, it is sufficient to meet requirements of this section as setting forth description. Chicago & N. W. Ry. Co. v. Payne Creek Drainage Dist., 148 Neb. 139, 26 N.W.2d 607 (1947).Notice should be given of change of boundaries. State ex rel. Sheffer v. Fuller, 83 Neb. 784, 120 N.W. 495 (1909).First publication may be less than three weeks before election. State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908).