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NEBRASKA STATUTES AND CODES

70-607 District; petition; investigation; approval.

70-607. District; petition; investigation; approval.Upon receipt of such petition it shall be the duty of the Nebraska Power Review Board at once to make an investigation of the proposed district and of its proposed plants, systems, or irrigation works, and, if deemed by the Nebraska Power Review Board feasible and conforming to public convenience and welfare, the Nebraska Power Review Board, or its successor, by its executive head, shall thereupon and within thirty days from the receipt of such petition, execute a certificate in duplicate, setting forth a true copy of the petition and declaring that the petition has been approved. SourceLaws 1933, c. 86, § 3, p. 339; Laws 1937, c. 152, § 3, p. 579; C.S.Supp.,1941, § 70-703; Laws 1943, c. 145, § 1(5), p. 509; R.S.1943, § 70-607; Laws 1967, c. 419, § 1, p. 1293; Laws 1981, LB 181, § 11. AnnotationsPetition, when approved, becomes the charter of the district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).Provision in this section that a certificate of approval of petition for incorporation shall be issued within thirty days from filing of the petition is directory as distinguished from mandatory where the statute itself imposes duties of a judicial nature requiring a longer time. State ex rel. Wright v. Eastern Nebraska Public Power District, 130 Neb. 683, 266 N.W. 594 (1936); State ex rel. Wright v. Lancaster County Rural Public Power District, 130 Neb. 677, 266 N.W. 591 (1936).

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