Nebraska Statutes 39-809. Bridge, culvert, or highway construction; flood damages; liability of county or township; limitation
If any special damage happens to the property of any person, firm or corporation from the accumulation of water due to the construction or repair of any bridge, culvert or highway, which the county or township is liable to construct or keep in repair, through the fault, neglect or oversight of the board of county commissioners or supervisors, township board, road overseer or other officer in charge of road work, such person, firm or corporation may recover in an action against the county or township so repairing or constructing such bridge, culvert or highway. If the damage occurs in consequence of the construction of any bridge, culvert or highway, erected and maintained by two or more counties or townships, the action can be brought against one of the counties or townships, or all of the counties and townships liable for the erection and for the repair of the same; and damages and costs shall be paid by the counties or townships in proportion as they are liable for the repairs; Provided, the procedure for bringing claims and suits under this section shall be the same as for claims and suits under sections 13-901 to 13-926.
Source
- Laws 1921, c. 290, § 1, p. 940;
- C.S.1922, § 2747;
- C.S.1929, § 39-833;
- R.S.1943, § 39-809;
- Laws 1959, c. 181, § 9, p. 657;
- Laws 1969, c. 138, § 25, p. 636.
Terms Used In Nebraska Statutes 39-809
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Highway: means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Nebraska Statutes 39-101
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801