Nebraska Revised Statute 39-809

Chapter 39


Bridge, culvert, or highway construction; flood damages; liability of county or township; limitation.

If any special damage happens to the property of any person, firm or corporation from the accumulation of water due to the construction or repair of any bridge, culvert or highway, which the county or township is liable to construct or keep in repair, through the fault, neglect or oversight of the board of county commissioners or supervisors, township board, road overseer or other officer in charge of road work, such person, firm or corporation may recover in an action against the county or township so repairing or constructing such bridge, culvert or highway. If the damage occurs in consequence of the construction of any bridge, culvert or highway, erected and maintained by two or more counties or townships, the action can be brought against one of the counties or townships, or all of the counties and townships liable for the erection and for the repair of the same; and damages and costs shall be paid by the counties or townships in proportion as they are liable for the repairs; Provided, the procedure for bringing claims and suits under this section shall be the same as for claims and suits under sections 13-901 to 13-926.


  • Laws 1921, c. 290, § 1, p. 940;
  • C.S.1922, § 2747;
  • C.S.1929, § 39-833;
  • R.S.1943, § 39-809;
  • Laws 1959, c. 181, § 9, p. 657;
  • Laws 1969, c. 138, § 25, p. 636.


  • Section does not apply to unlawful diversion of surface waters flowing in natural watercourse. Purdy v. County of Madison, 156 Neb. 212, 55 N.W.2d 617 (1952).

  • County is liable for crop damage from overflow caused by heavy rain and insufficient passageway under bridge. Croft v. Scotts Bluff County, 121 Neb. 343, 237 N.W. 149 (1931).

  • County is liable for elevating highway grade across flood channel of natural stream without providing for drainage. Clark v. Cedar County, 118 Neb. 465, 225 N.W. 235 (1929).