Nebraska Revised Statutes

Neb. Rev. Stat. § 31-765 (2026)

Annexation; when effective; trustees; administrator; duties; special assessments prohibited

✓ current as of July 2026

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The merger shall be effective thirty days after the effective date of the ordinance annexing the territory within the sanitary and improvement district. If the validity of the ordinance annexing the territory is challenged by a proceeding in a court of competent jurisdiction, the effective date of the merger shall be thirty days after the final determination of the validity of the ordinance. The trustees or administrator of the sanitary and improvement district shall continue in possession and conduct the affairs of the district until the effective date of the merger, but shall not during such period levy any special assessments after the effective date of annexation.

Notes of Decisions

Cited in 4 cases, 1967–1995 · leading case: Sanitary & Improvement Dist. 57 v. City of Elkhorn, 536 N.W.2d 56 (Neb. 1995).

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Sanitary & Improvement Dist. 57 v. City of Elkhorn, 536 N.W.2d 56 (Neb. 1995). · cites it 15× “Specifically, appellants contend that Nebraska law required the district court to conduct the proceedings according to Neb. Rev. Stat. § 31-765 (Reissue 1993), which provides in relevant part: The merger shall be effective thirty days after the effective date of the ordinance…”

Sanitary & Improvement Dist. No. 75 v. City of Ralston, 152 N.W.2d 111 (Neb. 1967). · cites it 2× “Section 31-765, R. R. S. 1943, provides that the merger shall be effective 30 days after the effective date of the ordinance annexing the territory within the district, unless challenged by a court proceeding, in which event the effective date shall be 30 days after a final…”

Abernathy v. City of Omaha, 163 N.W.2d 579 (Neb. 1968). · cites it 2× “Section 31-765, R. R. S. 1943, also involving the annexation of an entire district, provides that the merger shall be effective within 30 days of the date of the annexation ordinance unless its validity is challenged by court proceedings.”

Millard Rural Fire Prot. Dist. No. 1 v. City of Omaha, 409 N.W.2d 574 (Neb. 1987). · cites it 2× “Section 31-765 provides that a merger of a district and a city or village shall be effective 30 days after the effective date of an ordinance annexing all of the territory within a district.”

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