reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1326 - Real property; sale, deed; bill of sale; execution; conditions; disposition of proceeds.

39-1326.
Real property; sale, deed; bill of sale; execution; conditions; disposition of proceeds.
The Director-State Engineer, for the department, and in the name of the State of Nebraska, may execute, acknowledge, seal, and deliver all deeds, bills of sale, and other instruments necessary and proper to carry out the sale and exchange of real property. Such deeds, bills of sale, and other instruments shall have affixed thereto the seal of the department. The deeds, bills of sale, and other instruments may contain any conditions, covenants, exceptions, and reservations which the department deems are in the public interest or may convey title in fee simple absolute. All money received from the sale of such property shall be deposited in the state treasury and credited to the Highway Cash Fund.
Source
Laws 1955, c. 148, § 26, p. 429;
Laws 1986, LB 599, § 6.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1327 - State highways; access rights; acquisition; damages.

39-1327.
State highways; access rights; acquisition; damages.
The department, with the advice of the State Highway Commission and the consent of the Governor, shall designate and establish controlled-access facilities. Upon such consent, the department (1) is authorized to designate and establish controlled-access facilities, (2) may design, construct, maintain, improve, alter, and vacate such facilities, and (3) may regulate, restrict, or prohibit access to such facilities so as to best serve the traffic for which such facilities are intended. The department may provide for the elimination of intersections at grade with existing roads, streets, or highways, if the public interest shall be served thereby, and no road, street, or highway shall be opened into or connected with such facilities without the consent of the department. An existing road, street, or highway may be included within such facilities or such facilities may include new or additional roads, streets, or highways. In order to carry out the purposes of this section, the department may acquire, in public or private property, such rights of access as are deemed necessary, including but not necessarily limited to air, light, view, egress, and ingress. Such acquisitions may be by gift, devise, purchase, agreement, adverse possession, prescription, condemnation, or otherwise and may be in fee simple absolute or in any lesser estate or interest. The department may make provision to mitigate damages caused by such acquisitions, terms, and conditions regarding the abandonment or reverter of such acquisitions, and any other provisions or conditions that are desirable for the needs of the department and the general welfare of the public.
Source
Laws 1955, c. 148, § 27, p. 429.
Annotations
Specific right of the state to control access to a state highway is granted by this section. Hammer v. Department of Roads, 175 Neb. 178, 120 N.W.2d 909 (1963).
Any rights or claims to air, light, and view that were held by a previous property owner terminate with the purchase of that portion of the property by the department. Craig v. State, 19 Neb. App. 78, 805 N.W.2d 663 (2011).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1337 - State highway system and highway approach; department; construction, maintenance, control; improvement; sufficiency rating.

39-1337.
State highway system and highway approach; department; construction, maintenance, control; improvement; sufficiency rating.
(1) 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.
(2) The construction, reconstruction, relocation, improvement, or maintenance of a highway approach damaged or destroyed due to (a) an extreme weather event or (b) faulty engineering shall be under the authority and responsibility of the department. The department may seek reimbursement from any party responsible for causing faulty engineering.
(3) The relative urgency of proposed improvements on the state highway system and highway approaches 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: (a) Surface condition, (b) economic factors, (c) safety, and (d) service.
Source
Laws 1955, c. 148, § 37, p. 433;
Laws 1961, c. 184, § 3, p. 565;
Laws 2022, LB750, § 4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1344 - State highways; removal of snow and ice; powers and duties.

39-1344.
State highways; removal of snow and ice; powers and duties.
The department shall keep the highways, except the connecting links, sufficiently clear of snow and ice so as to be reasonably safe for travel. The department shall have the authority to enter upon private and public property adjacent to any highway and place and maintain thereon snow fences wherever it is deemed necessary in order to prevent snow drifting upon the traveled way of the highway. Such snow fences shall be erected in such a manner as to provide the most protection to the highway and shall not be placed on such property prior to October 15, nor remain on such property after April 1, without the consent of the property owner. In case of any damage to such property, the department shall pay the amount of such damage to the owner of the property.
Source
Laws 1955, c. 148, § 44, p. 437.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1345 - State highways; temporarily close; powers and duties.

39-1345.
State highways; temporarily close; powers and duties.
The department shall have the authority to close temporarily any part or all of a highway. Whenever the department closes such highway or part thereof, the department or its contractor shall erect, at both ends of the portion of the highway so closed, suitable barricades, fences, or other enclosures and shall post signs warning the public that the highway is closed by authority of law. Such barricades, fences, enclosures, and signs shall serve as notice to the public that such highway is unsafe and that anyone entering such closed highway, without the permission or consent of the department, does so at his own peril. The department, if it deems it advisable, may permit the public use of a highway undergoing construction, repair, or maintenance in lieu of a detour route and is authorized to regulate, limit, or control traffic thereon.
Source
Laws 1955, c. 148, § 45, p. 437.
Annotations
This section describes the authority and responsibilities of the Nebraska Department of Transportation regarding temporary closures of state highways. Porter v. Knife River, Inc., 310 Neb. 946, 970 N.W.2d 104 (2022).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1345.01 - State highways; public use while under construction, repair, or maintenance; contractor; liability.

39-1345.01.
State highways; public use while under construction, repair, or maintenance; contractor; liability.
Whenever the department, under the authority of section 39-1345, permits the public use of a highway undergoing construction, repair, or maintenance in lieu of a detour route, the contractor shall not be held responsible for damages to those portions of the project upon which the department has permitted public use, when such damages are the result of no proximate act or failure to act on the part of the contractor.
Source
Laws 1969, c. 310, § 1, p. 1114;
Laws 2001, LB 489, § 11;
Laws 2017, LB339, § 129.
Annotations
This section exempts contractors from liability for damages caused to public works by the public allowed to travel on the highway under construction, except where the specifications contemplated that the public would travel on the highway during construction. Slagle v. J.P. Theisen & Sons, 251 Neb. 904, 560 N.W.2d 758 (1997).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1345.02 - State highways; construction; contractor; liability.

39-1345.02.
State highways; construction; contractor; liability.
A contractor shall not be held responsible, either during construction or after construction is completed, for damages which may result from or be due to inadequate, faulty, or insufficient design, plans, or specifications.
Source
Laws 1969, c. 310, § 2, p. 1115.
Annotations
This section provides an exception to section 39-1345.01 wherein, if contractors follow specifications provided, but those specifications are inadequate, faulty, or insufficient and so the traveling public still damages public works despite the implementation of the specifications, the contractors will not be liable for the damages to the actual construction project. The definition of damages found in section 39-1345.01 limiting damages to only those caused to an actual construction project also applies to the word "damages" as it appears in this section. Slagle v. J.P. Theisen & Sons, 251 Neb. 904, 560 N.W.2d 759 (1997).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1346 - State highway system; detours; temporary route part of system.

39-1346.
State highway system; detours; temporary route part of system.
When (1) any portion of the state highway system is impassable or dangerous to travel, (2) it shall be deemed necessary, because of construction or maintenance work or for other reasons, to suspend all or part of the travel thereon, or (3) it is impracticable to maintain any portion of the state highway system as laid out, the department may route travel over a detour around such portion of the state highway system. Such detour shall temporarily be considered part of the state highway system. The department may create a new temporary road or may use an existing road, highway, or street for a detour.
Source
Laws 1955, c. 148, § 46, p. 438;
Laws 1989, LB 21, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1347 - County roads; city and village streets; authority to use for detour; duties of department.

39-1347.
County roads; city and village streets; authority to use for detour; duties of department.
Authority is granted to the department to use any road or street as a detour for the state highway system. During the time that said detour is in effect, the same shall in all respects be the responsibility of the department;
Provided,
that such authority and responsibility shall become effective only after due written notice is given to the governing body having primary authority for such road or street. The responsibility of the department shall cease only upon written notice being duly given to such authorities. At the time of the termination of the use of such road or street as a state highway, the same shall be returned to the responsibility of the primary authority in as good condition as it was at the time of said temporary taking for use as a state highway by the department.
Source
Laws 1955, c. 148, § 47, p. 438.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1348 - Construction; plans and specifications; advertisement for bids; failure of publication; effect; powers of department.

39-1348.
Construction; plans and specifications; advertisement for bids; failure of publication; effect; powers of department.
(1) Except as otherwise provided in sections 39-2808 to 39-2823, when letting contracts for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, the department shall solicit bids as follows:
(a) For contracts with an estimated cost, as determined by the department, of greater than two hundred fifty thousand dollars, the department shall advertise for sealed bids for not less than twenty days by publication of a notice thereof once a week for three consecutive weeks in the official county newspaper designated by the county board in the county where the work is to be done and in such additional newspaper or newspapers as may appear necessary to the department in order to give notice of the receiving of bids. Such advertisement shall state the place where the plans and specifications for the work may be inspected and shall designate the time when the bids shall be filed and opened. If through no fault of the department publication of such notice fails to appear in any newspaper or newspapers in the manner provided in this subdivision, the department shall be deemed to have fulfilled the requirements of this subdivision; and
(b) For contracts with an estimated cost, as determined by the department, of two hundred fifty thousand dollars or less, the department, in its sole discretion, shall either:
(i) Follow the procedures given in subdivision (a) of this subsection; or
(ii) Request bids from at least three potential bidders for such work. If the department requests bids under this subdivision, it shall designate a time when the bids shall be opened. The department may award a contract pursuant to this subdivision if it receives at least one responsive bid.
(2) The Department of Transportation may adjust the amounts in subdivisions (1)(a) and (b) of this section annually on October 1 by the percentage change in the Consumer Price Index for All Urban Consumers published by the United States Department of Labor, Bureau of Labor Statistics, at the close of the twelve-month period ending on August 31 of such year. The amounts shall be rounded to the next highest one-thousand-dollar amount.
Source
Laws 1955, c. 148, § 48, p. 439;
Laws 1961, c. 181, § 8, p. 541;
Laws 2015, LB312, § 1;
Laws 2016, LB960, § 25;
Laws 2023, LB138, § 5.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1350 - Bids; contracts; department powers; department authorized to act for political subdivision.

39-1350.
Bids; contracts; department powers; department authorized to act for political subdivision.
The department shall have the authority to act for any political or governmental subdivision or public corporation of this state for the purpose of taking bids or letting contracts for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances. The department, while so acting, may take such bids and let such contracts at the offices of the department in Lincoln, Nebraska, or at such other location as designated by the department if the department has the written consent of the political or governmental subdivision or public corporation where the work is to be done.
Source
Laws 1955, c. 148, § 50, p. 439;
Laws 1969, c. 333, § 1, p. 1189;
Laws 2015, LB312, § 3;
Laws 2017, LB339, § 130.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1351 - Construction contracts; bidders; qualifications; evaluation by department; powers of department.

39-1351.
Construction contracts; bidders; qualifications; evaluation by department; powers of department.
(1) Except as provided in subsection (2) of this section, any person desiring to submit to the department a bid for the performance of any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, which the department proposes to let, shall apply to the department for prequalification. Such application shall be made not later than five days before the letting of the contract unless fewer than five days is specified by the department. The department shall determine the extent of any applicant's qualifications by a full and appropriate evaluation of the applicant's experience, bonding capacity as determined by a bonding agency licensed to do business in the State of Nebraska or other sufficient financial showing deemed satisfactory by the department, and performance record. In determining the qualification of an applicant to bid on any particular contract, the department shall consider the resources available for the particular contract contemplated.
(2) The department may, in its sole discretion, grant an exemption from all prequalification requirements for (a) any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances if the estimate of the department for such work is two hundred fifty thousand dollars or less or (b) any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances if such work is of an emergency nature.
Source
Laws 1955, c. 148, § 51, p. 439;
Laws 1973, LB 491, § 6;
Laws 2015, LB312, § 4;
Laws 2019, LB117, § 1;
Laws 2023, LB138, § 6.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1352 - Construction contracts; bidders; statement of qualifications.

39-1352.
Construction contracts; bidders; statement of qualifications.
(1) Except as provided in subsection (2) of this section, any person proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department shall submit to the department, at such times as it may require, a statement showing such person's qualifications. Such statement shall be under oath and on a standard form to be prepared and supplied by the department. The statement shall be confidential and only for the use of the department.
(2) Subsection (1) of this section shall not apply to any contract granted an exemption from prequalification requirements pursuant to subsection (2) of section 39-1351.
Source
Laws 1955, c. 148, § 52, p. 440;
Laws 1961, c. 198, § 1, p. 601;
Laws 2015, LB312, § 5;
Laws 2019, LB117, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1353 - Construction contracts; request authorization to bid; issuance to certain bidders.

39-1353.
Construction contracts; request authorization to bid; issuance to certain bidders.
(1) Any person desiring to bid on any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department shall request an authorization to bid from the department at the offices of the department in Lincoln, Nebraska, or at such other location as designated by the department not later than 5 p.m. of the day before the letting of the contract.
(2) Such authorization shall be issued only to those persons previously qualified by the department and bids shall be accepted only from such qualified persons. This subsection shall not apply to any contract granted an exemption from prequalification requirements pursuant to subsection (2) of section 39-1351.
Source
Laws 1955, c. 148, § 53, p. 440;
Laws 1969, c. 333, § 2, p. 1189;
Laws 1995, LB 447, § 1;
Laws 2015, LB312, § 6;
Laws 2017, LB339, § 131;
Laws 2019, LB117, § 3.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1354 - Construction contracts; plans; reproduction; how obtained.

39-1354.
Construction contracts; plans; reproduction; how obtained.
The department, in its discretion, may provide paper or electronic reproductions of the plans prepared by the department for any contract to be let for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, to any person desiring such paper or electronic reproductions. Such person shall pay to the department a reasonable sum, to be fixed by the department in an amount estimated to cover the actual cost of preparing such paper or electronic reproductions.
Source
Laws 1955, c. 148, § 54, p. 441;
Laws 2019, LB117, § 4.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1355 - Equipment; office accommodations; storage buildings; department's authority and responsibility; limitations.

39-1355.
Equipment; office accommodations; storage buildings; department's authority and responsibility; limitations.
The department shall have authority to purchase, lease, employ, or acquire by other means, all needed road materials, machinery, equipment, supplies, services, and labor necessary for the construction, reconstruction, maintenance, and control of the state highway system and all tools and materials necessary to keep such machinery and equipment in repair. The department shall also have authority to lease, purchase, construct, or cause to be constructed, buildings for office accommodations, which are necessary in the administration of the duties of the department, and buildings for the storing and housing of materials, machinery, equipment, and supplies;
Provided,
that the department may not construct or cause to be constructed any building exceeding a cost of one hundred thousand dollars without the consent of the Legislature. The maintenance, protection, and control of the materials, machinery, equipment, supplies, tools, and buildings shall be under the authority and responsibility of the department.
Source
Laws 1955, c. 148, § 55, p. 441.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1356 - Road materials; equipment; acquisition; manufacture; powers.

39-1356.
Road materials; equipment; acquisition; manufacture; powers.
The department may purchase, lease, construct, or otherwise acquire and may maintain all necessary equipment, machinery, supplies, buildings, and other essential items and employ the necessary labor to remove road materials from the land, to prepare the materials for use, and to manufacture the materials into roadmaking products. The department may sell any surplus of materials or products to any political or governmental subdivision or public corporation of this state or to any contractor who will use such materials or products exclusively for building or maintaining roads, streets, alleys, or structures of a political or governmental subdivision or public corporation of this state. The funds received from the sale of the road materials or products shall be paid into the state treasury and credited to the Highway Cash Fund.
Source
Laws 1955, c. 148, § 56, p. 441;
Laws 1986, LB 599, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1357 - Construction or repair of highways; salvaged materials; transfer to political subdivisions.

39-1357.
Construction or repair of highways; salvaged materials; transfer to political subdivisions.
The department is authorized to transfer, upon such terms as the department shall prescribe, to any other political or governmental subdivision or public corporation of this state, any materials salvaged and recovered from and through the construction, reconstruction, or repair of a highway if the salvaged materials are not presently needed by the department to carry on its work.
Source
Laws 1955, c. 148, § 57, p. 442.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1358 - State highway system; funds; source; assistance by political subdivisions.

39-1358.
State highway system; funds; source; assistance by political subdivisions.
Funds for the construction of the state highway system shall be derived from such state revenue as may be provided by law. Any governmental or political subdivision or public corporation of this state may, if it has funds available, assist with such funds in the construction of any part of a highway in such governmental or political subdivision or public corporation, and when such funds are used, bids shall be received and contracts awarded as provided in sections 39-1348 and 39-1349;
Provided,
that county road dragging funds shall not be used for this purpose.
Source
Laws 1955, c. 148, § 58, p. 442;
Laws 1959, c. 167, § 3, p. 610.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1359.01 - Rights-of-way; mowing and harvesting of hay; permit; fee; department; powers and duties.

39-1359.01.
Rights-of-way; mowing and harvesting of hay; permit; fee; department; powers and duties.
For purposes of this section, the definitions in section 39-1302 apply.
The department shall issue permits which authorize and regulate the mowing and harvesting of hay on the right-of-way of highways of the state highway system. The applicant for a permit shall be informed in writing and shall sign a release acknowledging (1) that he or she will assume all risk and liability for hay quality and for any accidents and damages that may occur as a result of the work and (2) that the State of Nebraska assumes no liability for the hay quality or for work done by the permittee. The applicant shall show proof of liability insurance of at least one million dollars. The owner or the owner's assignee of land abutting the right-of-way shall have priority to receive a permit for such land under this section until July 30 of each year. Applicants who are not owners of abutting land shall be limited to a permit for five miles of right-of-way per year. The department shall allow mowing and hay harvesting on or after July 15 of each year. The department shall charge a permit fee in an amount calculated to defray the costs of administering this section. All fees received under this section shall be remitted to the State Treasurer for credit to the Highway Cash Fund. The department shall adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2007, LB43, § 1;
Laws 2014, LB698, § 1;
Laws 2017, LB339, § 132.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1360 - Drainage facilities on highways; use; consent of department.

39-1360.
Drainage facilities on highways; use; consent of department.
No person may use the drainage facilities of a highway for private purposes without first obtaining the written consent of the department.
Source
Laws 1955, c. 148, § 60, p. 442.