46-1,102 Bonds; issuance and sale; judicial approval required. - Nebraska Statutes

46-1,102. Bonds; issuance and sale; judicial approval required.The board of directors of an irrigation district organized under the provisions of sections 46-101 to 46-128 shall, before issuing and before selling any bonds of such irrigation district, commence a special proceeding, in and by which the proceedings of the board and of the district providing for and authorizing the issue and sale of the bonds of the district shall be judicially examined, approved and confirmed, or disapproved and disaffirmed. SourceLaws 1895, c. 70, § 59, p. 302; Laws 1909, c. 159, § 1, p. 571; Laws 1913, c. 142, § 4, p. 347; R.S.1913, § 3515; C.S.1922, § 2915; C.S.1929, § 46-160; R.S.1943, § 46-1,102.AnnotationsConfirmation of issuance of bonds was a special proceeding in rem. Ainsworth Irr. Dist. v. Harms, 170 Neb. 228, 102 N.W.2d 429 (1960).Provision of Reclamation Act for confirmation of validity of reclamation district was similar to the procedure provided by this and succeeding three sections. Nebraska Mid-State Reclamation Dist. v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).Proceeding under this section is in rem and cannot be collaterally attacked, but confirmation of exchange of bonds for property is not authorized. Wyman v. Searle, 88 Neb. 26, 128 N.W. 801 (1910).