Nebraska Revised Statutes

Neb. Rev. Stat. § 31-730 (2026)

Petition; objection; hearing; order creating

✓ current as of July 2026

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Such petition, and objections if any, shall be heard by the court without any unnecessary delay and should the court determine that the formation of such district will be conducive to the public health, convenience, or welfare, the district court shall declare the sanitary and improvement district a public corporation of this state and shall declare five of the trustees nominated, or in case of objection thereto, other suitable trustees who shall be (1) owners of real estate located in the district or (2) designated to serve as a representative on the board of trustees if the real estate is owned by a limited partnership, a general partnership, a limited liability company, a public, private, or municipal corporation, an estate, or a trust, to be the board of trustees of such corporation to serve until their successors are elected and qualified. If any owner of real estate located in the proposed district satisfies the court that his or her real estate, or any part thereof, will not be benefited thereby, then the court may exclude such real estate as will not be benefited and declare the remainder a district as prayed for. No lands included within any municipal corporation shall be included in any sanitary and improvement district, and no tract of twenty acres or more which is outside any municipal corporation and is used primarily for industrial purposes shall be included in any sanitary and improvement district organized under sections 31-727 to 31-762 without the written consent of the owner of such tract.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1967–2021 · leading case: In Re Sanitary & Imp. Dist. No. 1, 708 N.W.2d 809 (Neb. 2006).

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In Re Sanitary & Imp. Dist. No. 1, 708 N.W.2d 809 (Neb. 2006). · cites it 7× “The district court found that the petitioners had satisfied the statutory requirements for forming an SID and granted the petitioners’ request.”

Davis Mgmt., Inc. v. Sanitary & Improvement Dist. No. 276, 282 N.W.2d 576 (Neb. 1979). · cites it 2× “" See § 31-730, R.R.S.1943. If, in fact, it were true that at common law two municipalities could not coexist, then it would appear there was little need to specifically exempt land within a municipal corporation from being included within a sanitary and improvement district.”

State Ex Rel. Lanman v. Bd. of Cty. Comm'rs of Dawson Cty., 763 N.W.2d 392 (Neb. 2009). · cites it 2× “[27] § 31-730. Accord § 31-761(3). [28] § 31-730.”

Sanitary & Improvement Dist. No. 75 v. City of Ralston, 152 N.W.2d 111 (Neb. 1967). · cites it 2× “Section 31-730, R. R. S. 1943, provides specifically that no land within a municipality may be included in the.”

SID No. 67 v. State, 309 Neb. 600 (Neb. 2021). · cites it 2× “42 Neb. Rev. Stat. § 31-730 (Reissue 2016). 43 Cf.”

Sanitary & Improvement Dist. No. 95 v. City of Omaha, 365 N.W.2d 398 (Neb. 1985). “is specifically described by statute as “a body corporate and politic,” and has power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, to have and use a corporate seal, and to exercise any and all other…”

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