Nebraska Revised Statutes

Neb. Rev. Stat. § 46-255 (2026)

Ditches; construction through private property; bridges and gates

✓ current as of July 2026

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Any person, constructing a ditch or canal through the lands of another, having no interest in such ditch or canal, shall build such ditch or canal in a substantial manner so as to prevent damage to such land. In all cases where necessary for the free and convenient use of lands on both sides of the ditch or canal by the owner or owners of such lands, the owner or those in control of such ditch shall erect substantial and convenient bridges across such canal or ditch, and they shall erect and keep in order suitable gates at the point of entrance and exit of such ditch through any enclosed field.

Notes of Decisions

Cited in 2 cases, 1951–1983 · leading case: Crawford v. Cent. Nebraska Pub. Power & Irrigation Dist., 49 N.W.2d 682 (Neb. 1951).

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Crawford v. Cent. Nebraska Pub. Power & Irrigation Dist., 49 N.W.2d 682 (Neb. 1951). · cites it 6× “•Appellants raise the question of whether or not their rights, if any, under section 46-255, R. S. 1943, are proper issues in a condemnation proceeding and adjudicated by the award therein made.”

Nuss v. Pathfinder Irrigation Dist., 336 N.W.2d 584 (Neb. 1983). · cites it 5× “This is an action in mandamus to compel the defendant, Pathfinder Irrigation District, to erect a bridge across an irrigation canal under the provisions of Neb. Rev. Stat. § 46-255 (Reissue 1978). The District Court granted a peremptory writ of mandamus and the irrigation…”

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