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Nebraska Statutes: 34-111

Chapter 34:


34-111. Division fence; liability for erection, repair, or maintenance; reimbursement; procedure. If any person who is liable to contribute to the erection, maintenance, or reparation of a division fence by order of the fence viewers fails to appeal the order and neglects or refuses to make and maintain his or her proportion of such fence within the time prescribed in the order filed with the county clerk as provided in section 34-108, the party so neglecting or refusing shall be liable to the party injured for all damages which thereby accrue. The fence viewers shall provide for the erection or repair of the same at the expense of the party so defaulting. The fence viewers shall require the complaining landowner to deposit with the fence viewers a sum of money in the amount prescribed in the order sufficient to pay for the erection, repair, or maintenance of the fence together with the fees and costs of the fence viewers. The complaining landowner may be engaged by the fence viewers to perform the erecting, repair, or maintenance of the fence.

Unless the party in default reimburses the complaining landowner within thirty days following the completion of the erection, repair, or maintenance of the fence, the fence viewers shall certify the amount deposited by the complaining landowner to the county treasurer who shall collect the amount as a special assessment against the real estate owned by the party or parties in default. The county treasurer shall reimburse the injured party the amount certified upon collection of the assessment. If the party in default is an agency of the State of Nebraska, the injured party may seek reimbursement pursuant to section 81-1170.01.

Source: R.S. 1866, c. 1, § 20, p. 9; R.S. 1913, § 2483; Laws 1919, c. 94, § 8, p. 239; C.S. 1922, § 2425; C.S. 1929, § 34-109; R.S. 1943, § 34-111; Laws 1994, LB 882, § 5.