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
Annotations
Section does not apply to unlawful diversion of surface waters flowing in natural watercourse. Purdy v. County of Madison, 156 Neb. 212, 55 N.W.2d 617 (1952).
County is liable for crop damage from overflow caused by heavy rain and insufficient passageway under bridge. Croft v. Scotts Bluff County, 121 Neb. 343, 237 N.W. 149 (1931).
County is liable for elevating highway grade across flood channel of natural stream without providing for drainage. Clark v. Cedar County, 118 Neb. 465, 225 N.W. 235 (1929).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.