reglab/housing_qa huggingface dataset:
NE Code § 39-1328 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1328 - State highways; frontage roads; abutting owners, egress and ingress.

39-1328.  State highways; frontage roads; abutting owners, egress and ingress.The department is authorized to designate, establish, design, construct, maintain, vacate, alter, improve, and regulate frontage roads within the boundaries of any present or hereafter acquired right-of-way and to exercise the same jurisdiction over such frontage roads as is authorized over controlled-access facilities. Such frontage roads may be connected to or separated from the controlled-access facilities at such places as the department shall determine to be consistent with public safety. Upon the construction of any frontage road, any right of access between the controlled-access facility and property abutting or adjacent to such frontage road shall terminate and ingress and egress shall be provided to the frontage road at such places as will afford reasonable and safe connections.Source  Laws 1955, c. 148, § 28, p. 430. Annotations  Right to condemn permanent easement for control of advertising signs is conferred. Fulmer v. State, 178 Neb. 20, 131 N.W.2d 657 (1964). (Opinion withdrawn, 178 Neb. 664, 134 N.W.2d 798 (1965).) Landowner was entitled to damages for loss of direct access to highway. Balog v. State, 177 Neb. 826, 131 N.W.2d 402 (1964).
NE Code § 39-1328.01 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1328.01 - State highways; frontage roads; request by municipality, county, or property owners; right-of-way acquired by purchase or lease; department; maintenance.

39-1328.01.  State highways; frontage roads; request by municipality, county, or property owners; right-of-way acquired by purchase or lease; department; maintenance.Whenever a highway not a freeway, which formerly traversed the corporate limits of a municipality of not more than five thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, is relocated and is made a controlled-access facility, and the department is or is not providing any frontage road as authorized by section 39-1328, near an intersection with a roadway connecting with such municipality, the department shall, when consistent with requirements of traffic safety, and when the cost of drainage structures does not exceed five thousand dollars, and upon the conditions hereinafter set out construct such frontage roads if requested to do so by such municipality, by the county, or by the owners of sixty percent of the property abutting on such relocated highway if such request is made prior to the purchase, lease, or lease with option to purchase of right-of-way by the department. The quadrant of such intersection in which the frontage road or roads shall be located shall be designated by the governing board of such municipality. The department shall at the request of the county or municipality procure the right-of-way for such frontage road by lease or lease-option to buy or in the same manner as though it were for state highway purposes after receiving from the county or municipality reasonable assurance of reimbursement for such right-of-way costs. The responsibility for the maintenance of such frontage road shall be as provided in section 39-1372.Source   Laws 1965, c. 211, § 1, p. 619;  Laws 2017, LB113, § 40;  Laws 2017, LB339, § 127.
NE Code § 39-1328.02 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1328.02 - State highways; frontage roads; request by municipality, county, or property owners; consent of federal government, when; right-of-way; reimbursement; maintenance.

39-1328.02.  State highways; frontage roads; request by municipality, county, or property owners; consent of federal government, when; right-of-way; reimbursement; maintenance.Whenever a highway not a freeway, which formerly traversed the corporate limits of a municipality, has been relocated since January 1, 1960, and has been made or will be made a controlled-access facility, and the department has not provided any frontage road as authorized by section 39-1328, near an intersection with a roadway connecting with such municipality, the department shall, when consistent with requirements of traffic safety, and when the cost of drainage structures does not exceed five thousand dollars, and upon the conditions hereinafter set out construct such frontage roads if requested to do so by such municipality, the county, or by the owners of sixty percent of the property abutting on such relocated highway within two years after November 18, 1965, or within two years after the highway is made a controlled-access facility. If agreements exist with the federal government requiring its consent to the relinquishment of control of access, the department shall make a bona fide effort to secure such consent, but upon failure to obtain such consent, the frontage road shall not be constructed, or, if conditions are imposed by the federal government, the department shall construct such frontage roads only in accordance with such conditions. The municipality, county, or owners requesting such frontage road shall reimburse the department for any damages which it paid for such control of access and also for payment to the federal government of such sum, if any, demanded by it for the relinquishment of the access control. The quadrant of such intersection in which the frontage road may be located shall be designated by the governing board of such municipality. The department shall at the request of the county or municipality procure the right-of-way for such frontage road in the same manner as though it were for state highway purposes after receiving from the county or municipality reasonable assurance of reimbursement for such right-of-way costs. The responsibility for the maintenance of such frontage road shall be as provided in section 39-1372.Source   Laws 1965, c. 211, § 2, p. 620;  Laws 2017, LB339, § 128.
NE Code § 39-1329 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1329 - State highways; egress and ingress, when required; department; prescribe access.

39-1329.  State highways; egress and ingress, when required; department; prescribe access.The right of reasonable convenient egress and ingress from lands or lots, abutting on an existing highway, street, or road, may not be denied except with the consent of the owners of such lands or lots, or with the condemnation of such right of access to and from such abutting lands or lots. If the construction or reconstruction of any highway, to be paid for in whole or in part with federal or state highway funds, results in the abutment of property on such highway that did not theretofore have direct egress and ingress to it, no rights of direct access shall accrue because of such abutment, but the department may prescribe and define the location of the privilege of access, if any, of properties that then, but not theretofore, abut on such highway.Source  Laws 1955, c. 148, § 29, p. 430. Annotations  There is no right of direct access to a highway constructed upon a new right-of-way where no highway previously existed if the new highway is designated a controlled access facility from the beginning. Morehead v. State, 195 Neb. 31, 236 N.W.2d 623 (1975). Request for instruction relating to this section properly refused when other instructions impliedly excluded irrelevant items addressed thereby. Thacker v. State, 193 Neb. 817, 229 N.W.2d 197 (1975). Evidence of the use of federal funds in a state road project is not admissible in an eminent domain proceeding, but its admission in this case was not prejudicial. Y Motel, Inc. v. State, 193 Neb. 526, 227 N.W.2d 869 (1975). An abutting property owner is entitled to recover damages resulting from the destruction or material impairment by the state of his right of access to an existing highway or street, not to restoration of access. Danish Vennerforning & Old Peoples Home v. State, 191 Neb. 774, 217 N.W.2d 819 (1974). Where there was no previous access to highway, landowner in eminent domain proceedings acquired no new access rights. Frank v. State, 176 Neb. 759, 127 N.W.2d 300 (1964). Adjoining landowner cannot be denied reasonable means of egress and ingress. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).
NE Code § 39-1330 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1330 - State highways; acquisition of property for right-of-way; department powers; reasonable access required.

39-1330.  State highways; acquisition of property for right-of-way; department powers; reasonable access required.In connection with the acquisition of real property for new right-of-way or additional right-of-way for any highway to be constructed, relocated, or reconstructed in either rural or urban areas and paid for in whole or in part with federal or state highway funds, the department may prescribe and define in purchase agreements or condemnation proceedings the location, width, nature, and extent of any right of access that may be permitted between such improved highway and the properties from which such right-of-way or additional right-of-way is acquired, but such prescription and definition shall in no case leave such private properties without a reasonable means of egress and ingress to a road.Source  Laws 1955, c. 148, § 30, p. 430. Annotations  Evidence of the use of federal funds in a state road project is not admissible in an eminent domain proceeding, but its admission in this case was not prejudicial. Y Motel, Inc. v. State, 193 Neb. 526, 227 N.W.2d 869 (1975). Upon reconstruction of state highway, adjoining landowner cannot be denied reasonable means of egress and ingress. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).
NE Code § 39-1331 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1331 - State highways; farm land; severed tracts; access.

39-1331.  State highways; farm land; severed tracts; access.Whenever the location, relocation, establishment, construction, or reconstruction of a highway causes the severance of real property, which is being used for farm or other agricultural purposes and title thereto is held under one owner, the department shall make provision for crossing the highway from one tract to the other, or compensation for the severance of the tract shall be paid; Provided, that should the tracts at any time cease to be held under one ownership, the right to such road crossing shall automatically terminate. No connecting road crossing shall be used for or in connection with the conduct of any roadside business or enterprise, but shall be available and used solely for passage from one of the severed tracts to the other.Source  Laws 1955, c. 148, § 31, p. 431.
NE Code § 39-1332 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1332 - State highways; construction and maintenance of access road; written permit required, when.

39-1332.  State highways; construction and maintenance of access road; written permit required, when.No person shall construct, use, or permit to be used on property owned or occupied by such person any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without first obtaining a written permit from the department; Provided, the owner or occupier of property shall not be required to obtain a permit to use or permit to be used in its existing condition any such private entrance or exit, approach road, facility, thing, or appurtenance existing on September 18, 1955, unless the department determines that the safety and general welfare of the public will be better served by such owner or occupier being required to apply for a permit and the department gives written notice to such owner or occupier that application for a permit must be filed with the department within thirty days from receipt of such notice.Source  Laws 1955, c. 148, § 32, p. 431. Annotations  Owner of land had statutory right to continue to use ornamental light posts. State v. Merritt Brothers Sand & Gravel Co., 180 Neb. 660, 144 N.W.2d 180 (1966). This section permits the Department of Roads to control the type of access to be granted to state highways. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).
NE Code § 39-1333 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1333 - State highways; access; department; adopt rules and regulations; issue permits.

39-1333.  State highways; access; department; adopt rules and regulations; issue permits.The department may adopt reasonable rules and regulations and issue permits for the construction or use of any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to highway rights-of-way. Such rules and regulations and such permits may include, but need not be limited to, provisions for construction of culverts, requirements as to depth of fills, and requirements for drainage facilities deemed necessary. Such a permit so issued may contain such terms and conditions as, in the judgment of the granting authority, may be in the best interest of the public. All construction under such permits shall be under the supervision of the granting authority and at the expense of the applicant. After completion of the construction of the particular private entrance or exit, approach road, facility, thing, or appurtenance, the same shall be maintained at the expense of the applicant and in accordance with the rules and regulations of the department. Nothing herein contained shall be determined or construed to grant any right for or authorize the construction of a private entrance or exit or approach road upon or connected to any facility, thing, or appurtenance on the right-of-way of any highway or section of highway for which the department has by gift, agreement, or eminent domain acquired the rights of access on a portion thereof.Source  Laws 1955, c. 148, § 33, p. 432. Annotations Application of this section was properly covered by instructions given by trial court. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).
NE Code § 39-1334 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1334 - State highways; access; permit; violation; actions.

39-1334.  State highways; access; permit; violation; actions.The Director-State Engineer, for the department and in the name of the State of Nebraska, may prosecute to final determination any action, suit, or proceeding which in his judgment is necessary for the preservation of public safety, the promotion of the general welfare, and to carry out the provisions of sections 39-1327 to 39-1336. In addition to any other available remedies, the Director-State Engineer may secure an injunction or mandamus (1) to prevent any owner or occupier of property from constructing, using, or permitting to be used a private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without a written permit from the department when a permit is required, (2) to enforce compliance with the conditions of a permit issued by the department to a person for such construction, use, or right to permit such use, and (3) to enforce compliance with the rules and regulations regarding such construction and uses prescribed by the department.Source  Laws 1955, c. 148, § 34, p. 432.
NE Code § 39-1335 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1335 - State highways; access; use of adjoining property; permit; rules and regulations; violation; penalty.

39-1335.  State highways; access; use of adjoining property; permit; rules and regulations; violation; penalty.Any person who shall construct, use, or permit to be used on property owned or occupied by such person any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without a permit from the department, when a permit is required, or who shall construct, use, or permit to be used a private entrance or exit, approach road, facility, advertising, advertising signs, displays, or other advertising devices, thing, or appurtenance upon or connected to any highway right-of-way without complying with the rules and regulations prescribed by the department or with the conditions of a permit issued by the department to such person, shall be guilty of a Class III misdemeanor. Each and every day that such violation continues after the department issues written notification to the violator may constitute a separate offense.Source   Laws 1955, c. 148, § 35, p. 433;   Laws 1961, c. 195, § 5, p. 597;   Laws 1977, LB 40, § 212.
NE Code § 39-1336 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1336 - Department; political subdivision; access highways; construction, maintenance, location, vacation; agreement.

39-1336.  Department; political subdivision; access highways; construction, maintenance, location, vacation; agreement.The department and the governing bodies of any political or governmental subdivision or any public corporation of this state may enter into agreements with each other respecting the planning, designating, financing, establishing, constructing, improving, maintaining, using, altering, relocating, regulating, or vacating of controlled-access roads except any toll facilities.Source  Laws 1955, c. 148, § 36, p. 433. Annotations Department of Roads and cities may make agreements with respect to controlled access facilities. Hammer v. Department of Roads, 175 Neb. 178, 120 N.W.2d 909 (1963).
NE Code § 39-1337 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1337 - State highway system; department; construction, maintenance, control; improvement; sufficiency rating.

39-1337.  State highway system; department; construction, maintenance, control; improvement; sufficiency rating.The construction, maintenance, protection, and control of the state highway system shall be under the authority and responsibility of the department, except as otherwise provided in sections 39-1339 and 39-1372. The relative urgency of proposed improvements on the state highway system shall be determined by a sufficiency rating established by the department, insofar as the use of such a rating is deemed practicable. The sufficiency rating shall include, but not be limited to, the following factors: (1) Surface condition, (2) economic factors, (3) safety, and (4) service.Source   Laws 1955, c. 148, § 37, p. 433;   Laws 1961, c. 184, § 3, p. 565.
NE Code § 39-1338 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1338 - State highways; drainage; construct, maintain, improve facilities; damages.

39-1338.  State highways; drainage; construct, maintain, improve facilities; damages.The department shall have the authority to construct, maintain, and improve drainage facilities on the state highway system. The department also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measures beyond the highway right-of-way limits wherever it is deemed necessary in order to protect the highways and drainage facilities from damage. The department shall have the authority to enter upon private or public property for the above purposes. In case of any damage to the premises, the department shall pay the owner of the premises the amount of the damages. Upon the failure of the landowner and the department to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705.Source  Laws 1955, c. 148, § 38, p. 434.
NE Code § 39-1340 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1340 - State highways; additional width or capacity; political subdivisions; agreement.

39-1340.  State highways; additional width or capacity; political subdivisions; agreement.The governing body of any political or governmental subdivision or public corporation may enter into a written agreement with the department for the construction of a highway, structure, or appurtenance thereto, of greater width or capacity than would be necessary to accommodate highway traffic, upon any highway or connecting link within its boundaries and may appropriate from any funds available and pay into the Highway Cash Fund such sum or sums of money as may be agreed upon. Nothing contained in this section shall prevent any such governing body from constructing such highway, structure, or appurtenance of greater width or capacity independent of any contract with the department if such construction shall conform to such reasonable standards and regulations as the department may prescribe.Source   Laws 1955, c. 148, § 40, p. 436;   Laws 1986, LB 599, § 7.
NE Code § 39-1341 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1341 - State highways; additional width; political subdivisions; agreement; payment.

39-1341.  State highways; additional width; political subdivisions; agreement; payment.The governing body of any political or governmental subdivision or public corporation may enter into a written agreement with the department for the maintenance of the additional width, as provided for in section 39-1305, by the department and from time to time, in accordance with such agreement, shall appropriate and pay into the Highway Cash Fund such sums of money as may be agreed upon. Nothing contained in this section shall be construed to prevent any political or governmental subdivision or public corporation from maintaining such additional width at its own expense.Source   Laws 1955, c. 148, § 41, p. 436;   Laws 1986, LB 599, § 8.
NE Code § 39-1342 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1342 - State highways; construction and maintenance of illumination; sidewalks; safety devices.

39-1342.  State highways; construction and maintenance of illumination; sidewalks; safety devices.The department shall have the authority to construct and maintain highway illumination and sidewalks along such parts of the state highway system as are necessary for safety and public welfare. The department may also erect and maintain any other appurtenances to the state highway system which the department deems necessary for safety and public welfare. Appurtenances shall include, but are not limited to, sidewalks, storm sewers, guardrails, handrails, steps, curb or grate inlets, driveways, fire plugs, and retaining walls.Source  Laws 1955, c. 148, § 42, p. 437.
NE Code § 39-1343 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1343 - State highway system; department; emergencies; powers.

39-1343.  State highway system; department; emergencies; powers.When, in the opinion of the department, an emergency or unusual condition exists requiring immediate action in order to preserve, continue, open, reopen, or provide for safe conditions on a fragment, portion, or route on the state highway system, the department may make necessary repairs, provide necessary equipment or services, or may contract for such repairs, equipment, or services without calling for competitive bids.Source  Laws 1955, c. 148, § 43, p. 437.