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Nebraska Statutes: 34-107

Chapter 34:


34-107. Controversy; determination by fence viewers; assignment; notice; procedure. Upon receipt of a written request of any landowner, the county clerk shall assign three fence viewers from the panel of fence viewers appointed under section 34-106 to determine any controversy arising under sections 34-101 to 34-117. None of the fence viewers assigned shall be related by blood or marriage to the contending parties nor be financially interested in the outcome of the dispute. If the county clerk is unable to assign three fence viewers for any reason, the clerk shall notify the county sheriff who shall serve in place of the fence viewers or as one of the fence viewers, and all references to fence viewers in this section and sections 34-104 to 34-111 shall be construed to mean the county sheriff if the sheriff is serving in place of the fence viewers.
Before assigning the fence viewers, the clerk shall first require the landowner to show proof that notice has been given to adjoining landowners. Such notice shall be served upon any nonresident landowner by publication in a newspaper published in the county where the land is situated or by delivering a copy of the letter requesting the assignment of fence viewers to the occupant of such adjoining land or the landowner's agent in charge of such land. The fence viewers so assigned shall examine the premises and hear the allegations of the parties. The decision of any two of them shall be final upon the parties to such disputes and upon all parties holding under them.

Source: R.S. 1866, c. 1, § 18, p. 8; R.S. 1913, § 2481; Laws 1919, c. 94, § 7, p. 239; C.S. 1922, § 2423; C.S. 1929, § 34-107; R.S. 1943, § 34-107; Laws 1994, LB 882, § 2; Laws 1999, LB 776, §2 .