Nebraska Revised Statutes

Neb. Rev. Stat. § 46-141 (2026)

Assessment; payment under protest; refund

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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When any person against whose property such assessments have been made shall pay such assessment under protest as provided by the general revenue law of this state, the board of directors of any irrigation district organized under the provisions of sections 46-101 to 46-128 may pass upon and make orders disposing of money paid under protest to the county treasurer in the county or counties in which such lands are situated in the same form and manner as provided by law, and such proceedings shall be had as in such revenue law provided insofar as the same applies; Provided, however, no taxes or assessments shall be ordered refunded unless the person complaining shall file in the office of the secretary of such district a copy of his tax receipt, showing the same paid under protest, together with a sworn affidavit in writing showing one of the following reasons why such tax or assessments should be refunded: (1) That the land upon which such tax or assessment was levied is not within the boundaries of the district for which the lands were taxed, or assessed; (2) that the title to the lands is in the State of Nebraska; (3) that the lands could not be benefited by irrigation either by reason of subirrigation or by reason of being city and town lots and occupied and used exclusively for other than agricultural or grazing purposes, or that the lands are nonsusceptible of irrigation from the canal of the district; Provided, that where unentered and unpatented lands, the title to which is in the United States, are included in any irrigation district pursuant to the provisions of the Act of Congress, entitled An Act to promote the reclamation of arid lands, approved August 11, 1916, and acts amendatory thereto, shall not be subject to the provisions of this section, but shall be subject to taxation as provided by such Acts of Congress.

Notes of Decisions
Cited in 3 cases, 1947–2017 · leading case: Cappel v. State, 905 N.W.2d 38 (Neb. 2017).
Cappel v. State, 905 N.W.2d 38 (Neb. 2017). · cites it 5× “Neb. Rev. Stat. § 46-141 (Reissue 2010) allows taxpayers to request a refund for water taxes paid by filing a request in the office of the secretary of the district.”
Birdwood Irrigation Dist. v. Brodbeck, 29 N.W.2d 621 (Neb. 1947). · cites it 2× “In regard to defendants’ cross-petition asking for the refund of the irrigation taxes defendants had paid on their land in the adjoining Section 9, for the reason that the land could not be irrigated by reason of natural causes, the situation is governed by section 46-141, R. S.…”
Crouse v. Pioneer Irrigation Dist., 719 N.W.2d 722 (Neb. 2006). · cites it 2× “In reaching this conclusion, we do not address the merits of any refund claim under § 46-184 which may be asserted in the event that the board of directors of the District were at some *287 point to exercise its discretionary power under § 46-177 to exclude lands.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.