Ziemba v. Zeller

21 Citing cases

  1. Anderson v. Cumpston

    258 Neb. 891 (Neb. 2000)   Cited 16 times

    As explained at trial, the thread of the stream is that portion of a waterway which would be the last to dry up. Where the thread of the main channel of a river is the boundary line between two estates and it changes by the slow and natural processes of accretion and reliction, the boundary follows the channel. Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957). The processes of accretion and reliction are not, however, to be confused with avulsion; avulsion has been defined by this court as a "`"sudden and perceptible loss or addition to land by the action of water, or a sudden change in the bed or course of a stream.

  2. Krumwiede v. Rose

    129 N.W.2d 491 (Neb. 1964)   Cited 8 times
    In Krumweide v. Rose, 177 Neb. 570, 129 N.W.2d 491 the Nebraska Supreme Court referred to a channelization project similar to that of the Corps of Engineers in this case.

    State v. Ecklund, 147 Neb. 508, 23 N.W.2d 782. Accretion is the process of gradual and imperceptible addition of solid material, called alluvion, thus extending the shore line out by deposits made by contiguous water, or by reliction, the gradual withdrawal of the water from the land by the lowering of its surface level from any cause. Where by the process of accretion and reliction, the water of a river gradually recedes, changing the channel of the stream and leaving the land dry that was theretofore covered by water, such land belongs to the riparian owner. Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190. Accordingly we will refer to the land herein involved as accretion land without making an effort to determine where accretion ends and reliction begins."

  3. Oppliger v. Vineyard

    19 Neb. App. 172 (Neb. Ct. App. 2011)   Cited 2 times
    In Oppliger v. Vineyard, 19 Neb.App. 172, 803 N.W.2d 786 (2011), this court stated that the burden to show that the channel of the river changed by avulsion obviously would be the same.

    Past cases have illustrated the sorts of events that constitute avulsion. See, Anderson v. Cumpston, supra (party admitted that change in thread of Platte River was brought about suddenly by artificial structures and diversion, thus doctrine of avulsion applied and boundary remained in center of old channel); Ziemba v. Zeller[165 Neb. 419, 86 N.W.2d 190 (1957) ] (based on photographs and eyewitness reports, construction of diversion dam and riprapped dike some 700 to 800 feet long, which shut off main channel, constituted avulsion); Ingraham v. Hunt, 159 Neb. 725, 68 N.W.2d 344 (1955) (flash floods that suddenly, violently, and visibly moved channel of river far toward north of original channel can be considered avulsion); Conkey v. Knudsen, supra (evidence was sufficient to show ice gorge created by spring floods in 1910 altered course of Missouri River and constituted avulsion, not accretion).

  4. Garrett v. State

    118 N.J. Super. 594 (Ch. Div. 1972)   Cited 18 times
    Finding railroad's filling and rerouting of tidal stream was artificial avulsion

    "Accretion is the process of gradual and imperceptible addition of solid material, called alluvion, thus extending the shore line out by deposits made by contiguous water," and reliction is "the gradual withdrawal of the water from the land by the lowering of its surface level from any cause." Ziemba v. Zeller, 165 Nev. 419, 86 N.W.2d 190, 193 (Sup.Ct. 1957). Both theories are recognized in New Jersey. Skowysz v. Ventnor, 110 N.J. Super. 340, 349 (Law Div. 1969), aff'd 56 N.J. 168 (1970).

  5. Omaha Indian Tribe, Etc. v. Wilson

    614 F.2d 1153 (8th Cir. 1980)   Cited 11 times
    Upholding Tribe's presumptive right of possession and title to land within original reservation except as to claim against State of Iowa and severing claims of Tribe against State of Iowa

    78 Am.Jur.2d, Waters, s. 406, p. 852. See, also, Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190; Mercurio v. Duncan, 131 Neb. 767, 269 N.W. 901.Valder v. Wallis, 196 Neb. 222, 224, 242 N.W.2d 112, 114 (1976) (emphasis added).

  6. U.S. v. Wilson

    523 F. Supp. 874 (N.D. Iowa 1981)   Cited 10 times

    177 Neb. 570, 129 N.W.2d 491, 496 (1964). Accord, Valder v. Wallis, 196 Neb. 222, 242 N.W.2d 112 (Neb. 1976); Krimlofski v. Matters, 174 Neb. 774, 119 N.W.2d 501 (1963); Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957).See also, Lundquist, " Artificial Additions To Riparian Land. Extending the Doctrine of Accretion, 14 Ariz.L.Rev. 315 (1972); Beck, The Wandering Missouri River: A Study in Accretion Law, 43 N.D.L.Rev. 429, 449 (1967); 63 A.L.R.3d 249.

  7. Obermiller v. Baasch

    284 Neb. 542 (Neb. 2012)   Cited 9 times

    Babel, 17 Neb.App. at 417, 765 N.W.2d at 240. The thread of the stream is that portion of a waterway which would be the last to dry up. Madson v. TBT Ltd. Liability Co., 12 Neb.App. 773, 686 N.W.2d 85 (2004) (citing Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957)). Here, the evidence shows that Lot 9 was originally part of an island located in the Middle Loup River, with a channel of the river running on the north of the island and a channel running on the south.

  8. Wanha v. Long

    255 Neb. 849 (Neb. 1998)   Cited 31 times
    In Wanha, the court found that the plaintiff's construction of a sidewalk on and seeding the disputed property, which they exclusively maintained conspicuously, was sufficient to constitute actual and continuous possession of the land for the statutory period.

    Henry H. Foster, Nebraska Law of Adverse Possession, 11 Neb. L. Bull. 378, 380 (1933). See, also, Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957) (indicating that once period of limitations has run, title is vested in adverse possessor); Criswell v. Criswell, 101 Neb. 349, 163 N.W. 302 (1917) (stating that adverse possession of land for period of limitation operates of itself as grant of all adverse title and interests to occupants). Thus, there is nothing left for the adverse possessor to do to gain title, i.e., no application to the city or any other authority need be made, once the period of limitations has run.

  9. State Nat. Bank Trust Co. v. Jacobsen

    358 N.W.2d 743 (Neb. 1984)   Cited 7 times
    Quieting title in fence-line dispute

    Payment of taxes is a circumstance which may be considered with all other circumstances in determining the question of adverse possession. Ziemba v. Zeller, 165 Neb. 419, 86 N.W.2d 190 (1957). However, in the case before us, payment of taxes as a factor is greatly outweighed by the other attendant circumstances.

  10. City of Jersey City v. Tidelands Resource Council

    95 N.J. 100 (N.J. 1983)   Cited 2 times

    Reliction is "the gradual [and imperceptible] withdrawal of water from the land by the lowering of its surface level." Garrett v. State, 118 N.J. Super. 594, 600 (Ch.Div. 1972) (quoting Ziemba v. Zeller, 165 Neb. 419, 422, 86 N.W.2d 190, 193 (Sup.Ct. 1957)). Moreover, the last paragraph of the Statement observes that any alterations in lines shown may be accomplished "[t]o the extentnot precluded by the Constitution or applicable law" (emphasis added).