2017 Nebraska Revised Statutes
Chapter 46 - IRRIGATION AND REGULATION OF WATER
46-544 Special assessments; levy; limitation.
46-544. Special assessments; levy; limitation.
(1) If the board of a reclamation district determines in any year that there are certain lands within the district, not included within Classes B, C, and D, which receive special direct benefits from recharging of the ground water reservoirs by water originating from district works, the board shall in such year fix an amount to be levied upon the taxable value of the taxable property as a special assessment which in the opinion of the board will compensate the district for the special direct benefits accruing to such property by reason of recharged ground water reservoirs under such land by water originating from the district works. Such amount shall in no case exceed, together with all other amounts levied made under Class A on such land, the sum of fourteen cents on each one hundred dollars of the taxable value of the land. Such owner of lands specially assessed for special direct benefits shall have notice, hearing, and the right of appeal and shall be governed by section 46-554.
(2) The authority provided in this section may not be used if the district has obtained approval to levy fees or assessments pursuant to section 46-2,101.
- Laws 1947, c. 173, § 15(2), p. 540;
- Laws 1969, c. 145, § 38, p. 696;
- Laws 1979, LB 187, § 173;
- Laws 1983, LB 198, § 21;
- Laws 1992, LB 1063, § 40;
- Laws 1992, Second Spec. Sess., LB 1, § 40;
- Laws 2015, LB361, § 57.
- Budget Act, Nebraska, section included, see section 13-501.
Board of directors of reclamation district may fix rate of levy upon tangible property where direct benefits are received from recharging of ground water reservoirs. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).