reglab/housing_qa huggingface dataset:
NE Code § 39-1713 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1713 - Isolated land; access; affidavit; petition; hearing before county board; time; terms, defined.

39-1713.  Isolated land; access; affidavit; petition; hearing before county board; time; terms, defined.(1) When any person presents to the county board an affidavit satisfying it (a) that he or she is the owner of the real estate described therein located within the county, (b) that such real estate is shut out from all public access, other than a waterway, by being surrounded on all sides by real estate belonging to other persons, or by such real estate and by water, (c) that he or she is unable to purchase from any of such persons the right-of-way over or through the same to a public road or that it cannot be purchased except at an exorbitant price, stating the lowest price for which the same can be purchased by him or her, and (d) asking that an access road be provided in accordance with section 39-1716, the county board shall appoint a time and place for hearing the matter, which hearing shall be not more than thirty days after the receipt of such affidavit. The application for an access road may be included in a separate petition instead of in such affidavit.(2) For purposes of sections 39-1713 to 39-1719:(a) Access road means a right-of-way open to the general public for ingress to and egress from a tract of isolated land provided in accordance with section 39-1716; and(b) State of Nebraska includes the Board of Educational Lands and Funds, Board of Regents of the University of Nebraska, Board of Trustees of the Nebraska State Colleges, Department of Transportation, Department of Administrative Services, and Game and Parks Commission and all other state agencies, boards, departments, and commissions.Source   Laws 1957, c. 155, art. IV, § 13, p. 544;   Laws 1982, LB 239, § 1;  Laws 1999, LB 779, § 4;  Laws 2017, LB339, § 142.  Annotations  Under subsection (2) (now subdivision (1)(b)) of this section, land may be isolated if the land is shut off from all public roads, other than a waterway, by (1) being surrounded on all sides by real estate belonging to other persons or (2) being surrounded on all sides by real estate belonging to others and by water. A writ of mandamus is the proper remedy to compel a county board, in accordance with this section and section 39-1716, to lay out a public road for access to isolated land. Young v. Dodge Cty. Bd. of Supervisors, 242 Neb. 1, 493 N.W.2d 160 (1992). A road established hereunder is a public road and this section is constitutional. Moritz v. Buglewicz, 187 Neb. 819, 194 N.W.2d 215 (1972).
NE Code § 39-1714 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1714 - Isolated land; access by private road only; affidavit; petition; hearing before county board.

39-1714.  Isolated land; access by private road only; affidavit; petition; hearing before county board.Whenever all the other conditions prescribed by section 39-1713 are present and, instead of being entirely shut off from all public roads, the only access by any owner of real estate to any public road is by an established private road less than two rods in width, the county board shall, upon the filing of an affidavit or affidavit and petition asking that an access road be provided in accordance with section 39-1716, substantially in the manner set forth in section 39-1713, setting forth such facts, appoint a time and place and hold a hearing thereon in the manner set forth in section 39-1713.Source   Laws 1957, c. 155, art. IV, § 14, p. 545;  Laws 1999, LB 779, § 5.  Annotations  This section provides that whenever the county board finds that such conditions set forth in section 39-1713 are present and, instead of being entirely shut off from all public roads, that the owner has access to any public road only by an established private road less than 2 rods in width, the county board is required, upon the filing of an affidavit or affidavit and petition to hold a hearing on the matter. Lewis v. Board of Comrs. of Loup Cty., 247 Neb. 655, 529 N.W.2d 745 (1995). Establishment of a public road upon satisfaction of statutory requirements is a ministerial duty within the power of the county board. Burton v. Annett, 215 Neb. 788, 341 N.W.2d 318 (1983).
NE Code § 39-1715 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1715 - Isolated land; access; hearing; notice; service; posting.

39-1715.  Isolated land; access; hearing; notice; service; posting.When a hearing is to be held as provided in sections 39-1713 and 39-1714, the county board shall cause notice of the time and place of the hearing to be given by posting notices thereof in three public places in the county at least ten days before the time fixed therefor. At least fifteen days' written notice of the time and place of the hearing shall be given to all of the owners and occupants of the lands through which the access road may pass. The notice shall be served personally or by leaving a copy thereof at the usual place of abode of each occupant of such lands and, whenever possible, by either registered or certified mail to the owners of such lands.Source   Laws 1957, c. 155, art. IV, § 15, p. 545;   Laws 1982, LB 239, § 2;  Laws 1999, LB 779, § 6.
NE Code § 39-1716 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1716 - Isolated land; access road; damages; powers of county board; costs; maintenance.

39-1716.  Isolated land; access road; damages; powers of county board; costs; maintenance.(1) The county board shall, if it finds (a) that the conditions set forth in section 39-1713 or 39-1714 exist, (b) that the isolated land was not isolated at the time it was purchased by the owner or that the owner acquired the land directly from the State of Nebraska, (c) that the isolation of the land was not caused by the owner or by any other person with the knowledge and consent of the owner, and (d) that access is necessary for existing utilization of the isolated land, proceed to provide an access road and, if it finds that the amount of use and the number of persons served warrants such action, may lay out a public road to such real estate.(2) The county board shall appraise the damages to be suffered by the owner or owners of the real estate over or through which the access road will be provided. Such damages shall be paid by the person petitioning that the access road be provided. For any real estate purchased or otherwise acquired after January 1, 1982, for which public access is granted pursuant to sections 39-1713 to 39-1719, the person petitioning for such access shall also reimburse the county for all engineering and construction costs incurred in providing such access.(3) Notwithstanding any other provisions of law, an access road provided in accordance with this section shall not be subject to Chapter 39, article 20 or 21. The designation of such an access road shall not impose on the State of Nebraska or any political subdivision any obligation of design, construction, or maintenance for the access road nor give rise to any cause of action against the state or any political subdivision with respect to the access road.Source   Laws 1957, c. 155, art. IV, § 16, p. 545;   Laws 1982, LB 239, § 3;  Laws 1999, LB 779, § 7.  Annotations  This section provides that the county board may lay out a public road of not more than 4 nor less than 2 rods in width to isolated real estate, if it finds that the amount of use and the number of persons served warrant such action. Lewis v. Board of Cmrs. of Loup Cty., 247 Neb. 655, 529 N.W.2d 745 (1995). A writ of mandamus is the proper remedy to compel a county board, in accordance with this section and section 39-1713, to lay out a public road for access to isolated land. This section applies prospectively, that is, to real estate acquired after January 1, 1982. Young v. Dodge Cty. Bd. of Supervisors, 242 Neb. 1, 493 N.W.2d 160 (1992). The duty of the board of county commissioners under this section, to lay out a public road upon a showing that the statutory conditions of section 39-1713, R.R.S.1943, exist, is ministerial. Singleton v. Kimball County Board of Commissioners, 203 Neb. 429, 279 N.W.2d 112 (1979). A road established as provided herein is a public road. Moritz v. Buglewicz, 187 Neb. 819, 194 N.W.2d 215 (1972).
NE Code § 39-1717 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1717 - Isolated land; location of access road.

39-1717.  Isolated land; location of access road.Whenever possible, an access road provided in accordance with section 39-1716 shall be along section lines. When the most practicable route for the access road is adjacent to a watercourse, the land to be taken for the access road shall be measured from the edge of the watercourse.Source   Laws 1957, c. 155, art. IV, § 17, p. 546;   Laws 1982, LB 239, § 4;  Laws 1999, LB 779, § 8.
NE Code § 39-1718 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1718 - Isolated land; access road; order of county board; award of damages; payment; filing of order.

39-1718.  Isolated land; access road; order of county board; award of damages; payment; filing of order.If the county board decides to provide an access road in accordance with section 39-1716, the county board shall make and sign an order describing the same and file it with the county clerk, together with its award of damages which order shall be recorded by the clerk, except that the amount assessed as damages to the owner or owners of the real estate shall be paid to the county treasurer before the order providing for the access road is filed.Source   Laws 1957, c. 155, art. IV, § 18, p. 546;   Laws 1982, LB 239, § 5;  Laws 1999, LB 779, § 9.
NE Code § 39-1718.01 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1718.01 - Isolated land; changes in law; applicability.

39-1718.01.  Isolated land; changes in law; applicability.Sections 39-1713 to 39-1719 shall not apply if public access has been granted prior to July 17, 1982.Source   Laws 1982, LB 239, § 6;  Laws 1999, LB 779, § 10.
NE Code § 39-1719 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1719 - Isolated land; access road; award; appeal; procedure.

39-1719.  Isolated land; access road; award; appeal; procedure.Any party to an award as provided by section 39-1718 may, within sixty days after the filing thereof, appeal therefrom to the district court of the county where the lands lie. The appeal shall be taken by serving upon the adverse party a notice of such appeal and filing such notice and proof of service thereof with the clerk of the court within the sixty days. Thereupon the appeal shall be set down for hearing at the next term of the court. It shall be heard and determined in like manner as appeals from awards in condemnations as provided in sections 76-704 to 76-724. Such appeal shall not affect the right or authority of the petitioner to the use of the access road under the award of the appraisers.The applicant shall in case of appeal file such additional security as may be required by the county board for such costs and damages as may accrue against him or her by reason of such appeal. If on appeal the appellant does not obtain a more favorable judgment and award than was given by the appraisers, such appellant shall pay all the costs of such appeal. Either party to such suit may appeal from the decision of the district court to the Court of Appeals, and the sum deposited as provided in this section shall remain in the hands of the county treasurer until a final decision is had.Source   Laws 1957, c. 155, art. IV, § 19, p. 546;   Laws 1961, c. 189, § 8, p. 583;   Laws 1991, LB 732, § 99;  Laws 1999, LB 779, § 11.
NE Code § 39-1720 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1720 - Roads to bridge on county line; opening; maintenance; closing or vacating.

39-1720.  Roads to bridge on county line; opening; maintenance; closing or vacating.Where there is, or may be hereafter constructed, a public bridge across a stream dividing two counties, it shall be the duty of the county boards of such counties to open and keep open within their respective counties a public road leading from such bridge to the most convenient public road. Each county shall bear the expense necessary to open and maintain such roads in good condition for travel. Such roads shall not be closed or vacated except by concurrent action of the county boards of both counties.Source  Laws 1957, c. 155, art. IV, § 20, p. 547.
NE Code § 39-1721 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1721 - County and township roads; portions within cities or villages; subject to municipal regulations.

39-1721.  County and township roads; portions within cities or villages; subject to municipal regulations.Such portions of all public roads of the counties and townships as lie within the limits of any incorporated city or village shall conform to the direction and grade and be subject to all the regulations of other streets in such city or village.Source  Laws 1957, c. 155, art. IV, § 21, p. 547.
NE Code § 39-1722 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1722 - Road vacation or abandonment; resolution of county board directing study; report to board; permanent record.

39-1722.  Road vacation or abandonment; resolution of county board directing study; report to board; permanent record.The county board of any county may by resolution, when it deems the public interest may require vacation or abandonment of a public road of the county, direct the county highway superintendent or in counties having no highway superintendent then such person as the board may direct to study the use being made of such public road and to submit in writing to the county board within thirty days, a report upon the study made and his or her recommendation as to the vacation or abandonment thereof. Said resolution and report shall be retained in the office of the county clerk as a part of the permanent public records of the county board; Provided, that the county board shall not require vacation or abandonment of any public road or any part thereof which is within the area of the zoning jurisdiction of a city of the metropolitan, primary, or first class without the prior approval of the governing body of such city.Source   Laws 1957, c. 155, art. IV, § 22, p. 547;   Laws 1971, LB 192, § 2;   Laws 1980, LB 607, § 1.  Annotations  Statute providing for limited access to interstate highway was not limited or controlled by general road laws. Fougeron v. County of Seward, 174 Neb. 753, 119 N.W.2d 298 (1963). The discretion exercised by a county board of commissioners under this section and section 39-1725 is not judicial in nature, and as such, the trial court did not have jurisdiction to hear a petition in error under section 25-1901. Camp Clarke Ranch v. Morrill Cty. Bd. of Comrs., 17 Neb. App. 76, 758 N.W.2d 653 (2008).
NE Code § 39-1723 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1723 - Road vacation or abandonment; electors' petition; contents; study and report.

39-1723.  Road vacation or abandonment; electors' petition; contents; study and report.Any person desiring the vacation or abandonment of any public road of the county shall file in the office of the county clerk of the proper county, a petition signed by ten or more electors residing within ten miles of the road proposed to be vacated or abandoned, which petition shall contain (1) the names and addresses of said electors, (2) a clear and unambiguous description of the road proposed to be vacated or abandoned, (3) the reason or reasons why said road should be vacated or abandoned, and (4) a request that a time and date be set for public hearing before the county board. The county board shall within two weeks thereafter direct the county highway superintendent, or in counties having no highway superintendent then such person as the board may direct, to proceed in the manner set forth in section 39-1722.Source   Laws 1957, c. 155, art. IV, § 23, p. 547;   Laws 1961, c. 189, § 9, p. 583;   Laws 1980, LB 607, § 2.
NE Code § 39-1724 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1724 - County board resolution ordering public hearing; publication; service of notice on adjacent landowners and municipality.

39-1724.  County board resolution ordering public hearing; publication; service of notice on adjacent landowners and municipality.Upon receipt of the report, as provided in section 39-1722, the county board shall adopt a resolution fixing the time, date, and place for public hearing. Such resolution shall contain a clear and unambiguous description of the road to be vacated or abandoned. The county board shall cause such resolution to be published once a week for three consecutive weeks in a legal newspaper published in the county or, if none is published in the county, in a legal newspaper of general circulation in the county. Whenever possible the board shall cause copies to be served by either registered or certified mail upon the owners of land abutting on or adjacent to the road to be vacated or abandoned and upon the planning and public works directors of a city of the metropolitan, primary, or first class when such road or any part thereof is within the area of the zoning jurisdiction of such city by mailing the same to the last-known address of each owner not less than two weeks in advance of the hearing.Source   Laws 1957, c. 155, art. IV, § 24, p. 548;   Laws 1971, LB 192, § 3;   Laws 1980, LB 607, § 3;   Laws 1986, LB 960, § 30.
NE Code § 39-1726 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1726 - County operating roads on a township basis; offer to relinquish; procedure; vacation in metropolitan cities; notice to city planning director.

39-1726.  County operating roads on a township basis; offer to relinquish; procedure; vacation in metropolitan cities; notice to city planning director.(1) No fragment of a county road lying within a township in a county operating roads on a township basis shall be vacated or abandoned without first offering to relinquish it to the township. The county board shall offer to relinquish such county road by written notification to such township. Such offer to relinquish may be conditional or subject to the reservation of any right which the county board deems necessary and proper. Four months after sending the written notification, the county board may proceed to abandon such county road unless a petition from a notified township has been filed with the county board setting forth that the township desires to maintain such road, or portion thereof, subject to the reservations contained in the notice. The county board may reject any petition which does not accept the conditions or reservations set forth in the notice. The petition and the acceptance or rejection thereof by the county board shall be placed upon public record in the office of the county clerk. In the event the petition is accepted, the county board shall by resolution relinquish the county road to the township. From the date of the resolution the county shall be relieved of all responsibility in relation to the road. In the event a petition for relinquishment is not received within four months or in the event that the petition for relinquishment is not accepted, the county board shall, by resolution, state whether the vacated or abandoned road shall be retained or disposed of by sale, or by reverter to the adjacent property or otherwise.(2) In any county in which is located a city of the metropolitan class, written notification of the proposed vacation or abandonment shall be given to the planning director of the city, and any recommendations which the officer shall make shall be received and considered before such vacation or abandonment is effected.(3) When the county vacates or abandons all or any portion of a county road, the county shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating resolution with the register of deeds for the county in which the vacated property is located to be indexed against all affected lots.Source   Laws 1957, c. 155, art. IV, § 26, p. 549;   Laws 1963, c. 237, § 1, p. 727;   Laws 1980, LB 607, § 5;  Laws 2001, LB 483, § 8.
NE Code § 39-1727 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1727 - County roads; detachment from county road system.

39-1727.  County roads; detachment from county road system.Whenever a county road has been designated and established as provided by sections 39-2001 to 39-2003, the county board may detach the same, or any part thereof, from the county road system, and cause the same to revert back as a township road. The county board shall no longer be obliged to maintain the same and the maintenance and improvement of the road shall thereafter devolve upon the township.Source  Laws 1957, c. 155, art. IV, § 27, p. 550.
NE Code § 39-1728 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1728 - Barricading of county or township roads by Department of Transportation permitted; conditions; procedure.

39-1728.  Barricading of county or township roads by Department of Transportation permitted; conditions; procedure.A county or township road may be barricaded by the road department of the state for the purpose of regulating, restricting, or prohibiting ingress and egress to a state highway upon which the department has established a limited- or controlled-access facility; Provided, that prior thereto the written notice has been given by the department to the county or township board having jurisdiction of the road to be barricaded and that within thirty days from the date such notice was given, the county or township board, as the case may be, has not adopted by unanimous vote of all its members and delivered to the department a resolution opposing the barricading of such road; and provided further, that road crossings shall be provided along such controlled- or limited-access facilities at intervals of not to exceed five miles unless the consent of the county board has been obtained for the establishment of fewer crossings.Source  Laws 1957, c. 155, art. IV, § 28, p. 550. Annotations This section is not special legislation and does not operate to deprive landowner of property without due process of law. Fougeron v. County of Seward, 174 Neb. 753, 119 N.W.2d 298 (1963).
NE Code § 39-1729 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1729 - Access to public roads; right assured; landowners may waive; condemnation.

39-1729.  Access to public roads; right assured; landowners may waive; condemnation.The right of reasonable convenient egress and ingress from lands or lots, abutting on an existing 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.Source  Laws 1957, c. 155, art. IV, § 29, p. 550.
NE Code § 39-1730 (2021)
2021 Nebraska Revised Statutes|Chapter 39 - Highways and Bridges|39-1730 - Public roads; elimination of railroad crossings; petition; procedure.

39-1730.  Public roads; elimination of railroad crossings; petition; procedure.Upon the petition of the owner or operator of any railroad, the county board is authorized to vacate such part of a public road, outside of incorporated cities and villages, lying within the right-of-way of such railroad, and not part of a state highway, if it appears that such crossing should be eliminated in the interest of public safety. Such petition shall be filed with the county clerk of the county in which such part of a public road is located. The same procedure shall be followed in the elimination of railroad grade crossings as is provided for the relocation, vacation, and abandonment of public roads as set forth in sections 39-1722 to 39-1725.Source  Laws 1957, c. 155, art. IV, § 30, p. 551.