48-2710. Liability of state for assessments
against state lands included within district; effect of sale to
private owner
A. When a drainage district organized under this chapter includes within its
boundaries, at the time of its organization, any lands granted or in any manner confirmed
or transferred to the state under the provisions of the enabling act, approved June 20,
1910, and the title to the lands is, at the time of such organization, vested in the
state, as long as the state continues to hold such land for the use and purposes for
which it was granted, or otherwise, the state shall pay a proportionate part of all
costs, charges, expenses, amounts of money, including payments of the principal and
interest on bonds and other evidences of indebtedness of the district, and other costs
and expenses of any kind, incurred or expended in the construction, acquisition,
equipment, maintenance and operation of the drainage system and works of the district, as
the number of acres of such state lands included within the district bears to the total
number of acres of all the lands of the district.
B. Claims for the amounts due from time to time shall be made by the board of
directors for and in the name of the district against the state. The claims shall be
verified by the secretary of the board, shall contain a brief description of the land
upon which the claim is made and shall state in general terms the purposes for which the
money due on the claim will be expended. The claim shall be filed with and audited by
the department of administration, which shall present the claim to the governor, or other
board or officer as provided by law for approving such claims, and if found correct the
claim shall be allowed and ordered paid by the governor, or other board or officer. The
department of administration shall thereupon draw a warrant, payable to the county
treasurer of the county in which the office of the district is located, for the use and
benefit of the district, in payment of the claim, and the state treasurer shall, upon
presentation of the warrant, properly endorsed, pay it from the state general fund.
C. If the state at any time subsequent to the formation of the district sells any
of such land, all of the burdens, obligations, liabilities and liens existing against
other lands in private ownership included within the district by reason of the
organization of the district, or in any manner connected with, incident to or arising
from or by reason of the existence of the district or any obligation thereof, shall
forthwith, by operation of law, upon consummation of the sale, attach to, and thereafter
continue to exist against and upon, the land to the same extent and with like force and
effect as if such land had been in private ownership at the time of the organization of
the district.
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