Nebraska Statutes 46-1,155. Merger of districts; petition; plan; contents
Any two or more irrigation districts may merge into one district if a petition for merger signed by a majority of the board of directors of each district or signed by a majority of the electors of each district is filed with the boards of directors of the districts to be merged. Such petition shall include a plan for the merger, which plan shall contain:
Terms Used In Nebraska Statutes 46-1,155
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(1) A description of the proposed boundaries of the merged district and a list of lands;
(2) A summary of the reasons for the proposed merger;
(3) A summary of the terms on which the merger is to be made between the merged districts and such terms shall include a provision for three divisions as nearly equal in size as may be practicable, which shall be numbered first, second, and third, and two directors shall be elected from each division;
(4) The amount of outstanding indebtedness of each district and proposed disposition thereof;
(5) The equitable adjustment of all property, debts, and liabilities among the districts involved;
(6) The name of the proposed district; and
(7) Such other matters as the petitioners determine proper to be included.
A certified copy of the petition for merger shall be filed with the Department of Natural Resources and the department shall either approve or disapprove such petition within twenty days. The boards of directors of the districts shall not take further action without such approval.