reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1361 - Cross or dig up highway; permit by department; conditions.

39-1361.
Cross or dig up highway; permit by department; conditions.
No person, firm, or corporation may dig up, cross, or otherwise use any portion of the state highway system for laying or relaying pipelines, ditches, flumes, pipes, sewers, railways, or any other similar purpose without obtaining a written permit from the department and agreeing to comply with such reasonable regulations as the department shall prescribe. Such regulations may include provisions relevant to an existing portion of the state highway system and also may contemplate future or contingent problems by providing protection to the department from expense or damage arising in the reconstruction or relocation of a portion of the state highway system when such expense or damage would not have existed but for the activity authorized by the permit. No person, firm, or corporation shall construct or install any new pole line, any underground conduit, or any buried cable or erect any new guy wires upon any portion of the state highway right-of-way without obtaining a written consent or permit from the department. The department shall grant such written consent or permits to do any of the things mentioned in this section if the installation of such thing does not interfere with, or cause unreasonable hazards to, the use of the right-of-way for highway purposes. The person, firm, or corporation to whom, or in whose behalf, the permit is given shall pay the cost of placing the highway in as good condition as it was prior to being dug up, crossed, or used and shall, upon the request of the department, furnish the state with a cash deposit or certified check upon a solvent bank, or a surety bond in a guaranty company qualified to do business in Nebraska. The deposit, check, or bond shall be in the amount required by the department and shall be furnished on condition that the sum be forfeited to the state in the event that the conditions of the permit or regulations of the department are breached. A written permit to do any of the things mentioned in this section shall not be required for emergency maintenance or emergency repair work on existing facilities, but in such cases oral consent shall be secured from the Director-State Engineer or his authorized representative as soon as the exigencies of the situation allow.
Source
Laws 1955, c. 148, § 61, p. 442.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1362 - Cross or dig up highway; violations; penalty.

39-1362.
Cross or dig up highway; violations; penalty.
Any person, who shall dig up, cross, or otherwise use any portion of the state highway system or drainage facilities of the state highway system for laying or relaying pipelines, ditches, flumes, sewers, railways, for constructing, or installing any new pole line, underground conduit, buried cable, or new guy wires, or for any other similar purpose without obtaining a written permit from the department or without complying with the regulations of the department shall be guilty of a Class III misdemeanor. Each and every day that such a violation continues, after the department issues written notification to the violator, may constitute a separate offense.
Source
Laws 1955, c. 148, § 62, p. 443;
Laws 1977, LB 40, § 213.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1363 - Preservation of historical, archaeological, and paleontological remains; agreements; funds; payment.

39-1363.
Preservation of historical, archaeological, and paleontological remains; agreements; funds; payment.
To more effectually preserve the historical, archaeological, and paleontological remains of the state, the department is authorized to enter into agreements with the appropriate agencies of the state charged with preserving historical, archaeological, and paleontological remains to have these agencies remove and preserve such remains disturbed or to be disturbed by highway construction and to use highway funds, when appropriated, for this purpose. This authority specifically extends to highways which are part of the National System of Interstate and Defense Highways as defined in the Federal Aid Highway Act of 1956, Public Law 627, 84th Congress, and the use of state funds on a matching basis with federal funds therein.
Source
Laws 1959, c. 178, § 1, p. 649;
Laws 2017, LB339, § 133.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1364 - Plans, specifications, and records of highway projects; available to public, when.

39-1364.
Plans, specifications, and records of highway projects; available to public, when.
The department shall, upon the request of any citizen of this state, disclose to such citizen full information concerning any highway construction, alteration, maintenance, or repair project in this state, whether completed, presently in process, or contemplated for future action, and permit an examination of the plans, specifications, and records concerning such project, except that any information received by the department as confidential by the laws of this state shall not be disclosed. Any person who willfully fails to comply with the provisions of this section shall be guilty of official misconduct. By the provisions of this section, the officials of the department will not be required to furnish information on the right-of-way of any proposed highway until such information can be made available to the general public.
Source
Laws 1959, c. 179, § 1, p. 650;
Laws 2017, LB339, § 134.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1365 - State highway system; development; legislative findings.

39-1365.
State highway system; development; legislative findings.
The Legislature finds and declares that the highways of the state are of the utmost importance to future development within the state and that the following actions are necessary for such development: (1) The accelerated completion of all improvement and expansion projects on the Nebraska segments of the National System of Interstate and Defense Highways; (2) the accelerated completion of improvement projects on state highways with geometric and capacity deficiencies; (3) the resurfacing of highways to protect pavement integrity; (4) the accelerated completion of the expressway system, as such system was designated on January 1, 2016, prior to June 30, 2033; and (5) the general upgrading of the state highway system concerning driving surfaces and surfaced shoulders.
Source
Laws 1988, LB 632, § 23;
Laws 2016, LB960, § 26.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1365.01 - State highway system; plans; department; duties; priorities.

39-1365.01.
State highway system; plans; department; duties; priorities.
The department shall be responsible for developing a specific and long-range state highway system plan. The department shall annually formulate plans to meet the state highway system needs of all facets of the state and shall assign priorities for such needs. The department shall, on or before December 1 of each year, present such plans and the report required in section 39-1365.02 to the Legislature. The plans shall be referred to the appropriate standing committees of the Legislature for review. The department shall consider the preservation of the existing state highway system asset as its primary priority except as may otherwise be provided in state or federal law. In establishing secondary priorities, the department shall consider a variety of factors, including, but not limited to, current and projected traffic volume, safety requirements, economic development needs, current and projected demographic trends, and enhancement of the quality of life for all Nebraska citizens. The state highway system plan shall include the designation of those portions of the state highway system which shall be expressways.
Source
Laws 1988, LB 632, § 24;
Laws 2010, LB821, § 1;
Laws 2017, LB339, § 135;
Laws 2021, LB579, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1365.02 - State highway system; federal funding; maximum use; department; report on system needs and planning procedures.

39-1365.02.
State highway system; federal funding; maximum use; department; report on system needs and planning procedures.
(1) The department shall apply for and make maximum use of available federal funding, including discretionary funding, on all highway construction projects which are eligible for such assistance.
(2) The department shall transmit electronically to the Legislature, by December 1 of each year, a report on the needs of the state highway system, the department's planning procedures, and the progress being made on the expressway system. Such report shall include:
(a) The criteria by which highway needs are determined;
(b) The standards established for each classification of highways;
(c) An assessment of current and projected needs of the state highway system, such needs to be defined by category of improvement required to bring each segment up to standards. Projected fund availability shall not be a consideration by which needs are determined;
(d) Criteria and data, including factors enumerated in section 39-1365.01, upon which decisions may be made on possible special priority highways for commercial growth;
(e) A review of the department's procedure for selection of projects for the annual construction program, the five-year planning program, and extended planning programs. The review shall include a statement of all state highway projects under construction, other than any part of the expressway system, and the estimated cost of each project;
(f) A review of the progress being made toward completion of the expressway system, as such system was designated on January 1, 2016, and whether such work is on pace for completion prior to June 30, 2033. The review shall include a statement of the amount of money spent on the expressway system, as of the date of the report, and the number of miles of the expressway system yet to be completed and expected milestone dates for other expressway projects, including planning, permitting, designing, bid letting, and required funding for project completion;
(g) A review of the Transportation Infrastructure Bank Fund and the fund's component programs under sections 39-2803 to 39-2807. This review shall include a listing of projects funded and planned to be funded under each of the three component programs; and
(h) A review of the outcomes of the Economic Opportunity Program, including the growth in permanent jobs and related income and the net increase in overall business activity.
Source
Laws 1988, LB 632, § 25;
Laws 2012, LB782, § 40;
Laws 2016, LB960, § 27;
Laws 2017, LB339, § 136;
Laws 2021, LB579, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1367 - Freeways; declaration of legislative intent.

39-1367.
Freeways; declaration of legislative intent.
Recognizing that safe and efficient transportation on modern high-speed highways is a matter of important interest to all the people in the state, the Legislature determines and declares that effective maintenance, operation, and control of freeways is essential to the general welfare of the State of Nebraska and is therefor a matter of statewide concern.
The establishment of laws capable of meeting future requirements as well as present demands of safe and efficient transportation is recognized as an urgent problem and a proper objective of highway legislation.
It is the intent of the Legislature to consider of paramount importance the convenience and safety of the traveling public.
The Legislature hereby determines and declares that sections 39-1337, 39-1339, 39-1367, and 39-1372 are necessary for the preservation of the public health and safety, for promotion of the general welfare, and as a contribution to the national defense.
Source
Laws 1961, c. 184, § 1, p. 548;
Laws 1993, LB 370, § 40.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1372 - Freeways; maintenance of approach, exit, and frontage roads; lighting facilities.

39-1372.
Freeways; maintenance of approach, exit, and frontage roads; lighting facilities.
(1) The department is charged with the maintenance of any freeway, including approach or exit roads thereto or part thereof whether or not such road is situated within or without the limits of any county, village, or city, including cities of the metropolitan and primary classes, except as hereinafter provided otherwise;
Provided,
that responsibility for maintenance of frontage roads shall automatically become the responsibility of the county or city in which they are located unless the department contracts to maintain them.
(2) The responsibility of the department for the maintenance of approach and exit roads shall end at the point where such roads terminate, merge, or intersect with city streets or county roads, except as hereinafter provided.
(3) The department is charged with the maintenance of the separation structure of any bridge situated overhead of a freeway except for ice treatment and removal of snow from such structures;
Provided,
that the department shall not be liable for the maintenance of the approaches to such separation structures or of anything outside the abutments to such separation structures.
(4) The department shall be responsible for construction of lighting facilities upon any part of the roadway of a freeway, including approach or exit roads thereto;
Provided,
that the maintenance and operation of such lighting facilities located within the limits of any city or village shall become the responsibility of such city or village.
(5) Nothing contained in this section shall be construed to prevent the department from entering into special agreements with cities or villages regarding the reconstruction and maintenance of freeways, including approach or exit roads thereto within the limits of such cities or villages.
Source
Laws 1961, c. 184, § 6, p. 552.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1390 - State Recreation Road Fund; created; use; preferences; maintenance; investment.

39-1390.
State Recreation Road Fund; created; use; preferences; maintenance; investment.
The State Recreation Road Fund is created. The money in the fund shall be transferred by the State Treasurer, on the first day of each month, to the department and shall be expended by the Director-State Engineer with the approval of the Governor for construction and maintenance of dustless-surface roads to be designated as state recreation roads as provided in this section, except that (1) transfers may be made from the fund to the State Park Cash Revolving Fund at the direction of the Legislature through July 31, 2016, and (2) if the balance in the State Recreation Road Fund exceeds fourteen million dollars on the first day of each month, the State Treasurer shall transfer the amount greater than fourteen million dollars to the Game and Parks State Park Improvement and Maintenance Fund. Except as to roads under contract as of March 15, 1972, those roads, excluding state highways, giving direct and immediate access to or located within state parks, state recreation areas, or other recreational or historical areas, shall be eligible for designation as state recreation roads. Such eligibility shall be determined by the Game and Parks Commission and certified to the Director-State Engineer, who shall, after receiving such certification, be authorized to commence construction on such recreation roads as funds are available. In addition, those roads, excluding state highways, giving direct and immediate access to a state veteran cemetery are state recreation roads. After construction of such roads they shall be shown on the map provided by section 39-1311. Preference in construction shall be based on existing or potential traffic use by other than local residents. Unless the State Highway Commission otherwise recommends, such roads upon completion of construction shall be incorporated into the state highway system. If such a road is not incorporated into the state highway system, the department and the county within which such road is located shall enter into a maintenance agreement establishing the responsibility for maintenance of the road, the maintenance standards to be met, and the responsibility for maintenance costs. Any money in the State Recreation Road Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1963, c. 348, § 2, p. 1119;
Laws 1965, c. 225, § 1, p. 649;
Laws 1965, c. 501, § 1, p. 1595;
Laws 1969, c. 584, § 42, p. 2369;
Laws 1972, LB 1131, § 1;
Laws 1995, LB 7, § 36;
Laws 2003, LB 408, § 1;
Laws 2009, First Spec. Sess., LB3, § 20;
Laws 2010, LB749, § 1;
Laws 2014, LB906, § 15;
Laws 2015, LB661, § 30;
Laws 2017, LB339, § 137.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1390.01 - State Recreation Road Fund; road projects authorized.

39-1390.01.
State Recreation Road Fund; road projects authorized.
Section 39-1390 shall not prevent the expenditure of funds from the State Recreation Road Fund on road projects (1)(a) that begin upon or terminate within state highway rights-of-way or (b) that are for intersections, interchanges, or connecting ramps located within state rights-of-way, designed to connect roads of the state highway system to recreation roads, and (2) that are to be constructed as part of a recreation road improvement project.
Source
Laws 1988, LB 814, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1391 - Exterior access roads; interior service roads; plans; reviewed annually; report; contents.

39-1391.
Exterior access roads; interior service roads; plans; reviewed annually; report; contents.
The Game and Parks Commission shall develop and file with the Governor and the Legislature a one-year plan and a long-range five-year plan of proposed construction and improvements for all exterior access roads and interior service roads as provided in section 39-1390, based on priority of needs and calculated to contribute to the orderly development of an integrated system of roads with the facilities maintained or managed by the Game and Parks Commission. The first such plan shall be filed on or before January 1, 1974. The plans shall be reviewed and extended annually, on or before January 1 of each year, so that there shall always be a current one-year and five-year plan on file. The plans submitted to the Legislature shall be submitted electronically. All plans shall specify the criteria employed in setting the priorities and shall also identify any additional recreation road requirements which may exist but are not reflected in the one-year and five-year plans. The commission shall also, at the time it files such plans and extensions thereof, report the construction and improvements certified during each of the two immediately preceding calendar years.
Source
Laws 1973, LB 374, § 1;
Laws 2012, LB782, § 41.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1392 - Exterior access roads; interior service roads; department; develop and file plans with Governor and Legislature; reviewed annually.

39-1392.
Exterior access roads; interior service roads; department; develop and file plans with Governor and Legislature; reviewed annually.
The department shall develop and file with the Governor and the Legislature a one-year and a long-range five-year plan of scheduled design, construction, and improvement for all exterior access roads and interior service roads as certified to it by the Game and Parks Commission. The first such plans shall be filed on or before January 1, 1974. The plans shall be reviewed and extended annually, on or before January 1 of each year, so that there shall always be a current one-year and five-year plan on file. The plans submitted to the Legislature shall be submitted electronically. The department shall also, at the time it files such plans and extensions thereof, report the design, construction, and improvement accomplished during each of the two immediately preceding calendar years.
Source
Laws 1973, LB 374, § 2;
Laws 2012, LB782, § 42;
Laws 2017, LB339, § 138.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1393 - Vegetation control program; permits for cutting or trimming of vegetation; fee; applicant; duties.

39-1393.
Vegetation control program; permits for cutting or trimming of vegetation; fee; applicant; duties.
(1) The department shall establish and administer a vegetation control program which may allow permits for the cutting or trimming of vegetation in the vicinity of advertising signs, displays, or devices placed pursuant to section 39-220. A permit issued under this section shall allow the cutting or trimming of vegetation under controlled conditions when such vegetation obstructs or obscures a lawfully placed advertising sign, display, or device. The department may establish criteria for what vegetation may be cut or trimmed. Each permit shall be valid for no more than thirty days and shall only be applicable for one sign, display, or device location.
(2) The department may charge a fee in an amount reasonably calculated to defray the cost of administering the vegetation control program and may adjust the fee periodically to ensure continued recovery of administrative costs, except that such fee shall not exceed fifty dollars. The applicant to whom the permit is issued shall furnish the department with a cash deposit or certified check upon a solvent bank or a surety bond in a guaranty company qualified to do business in Nebraska. The deposit, check, or bond shall be in an amount required by the department and shall be furnished on the condition that the sum be forfeited to the state in the event that the conditions of the permit or rules and regulations adopted and promulgated by the department are violated. The applicant for a permit shall sign a release acknowledging that he or she will assume all risk and liability for any accidents and damages that may occur as a result of the work done as the permitholder. The applicant shall provide proof of liability insurance of at least one million dollars. The permitholder shall be responsible for compensating the state for loss or damage to state property, including, but not limited to, intentional vegetation, and for restoring state property to its preexisting condition as determined in the sole discretion of the department. Permits are subject to all state and federal environmental laws, rules, and regulations. Each approved permit shall grant written consent to encroach onto the state's right-of-way pursuant to section 39-1359.
(3) The department may adopt and promulgate rules and regulations to carry out this section.
Source
Laws 2016, LB1038, § 11.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1401 - Terms, defined.

39-1401.
Terms, defined.
As used in Chapter 39, articles 14 to 20, except sections 39-1520.01 and 39-1908, unless the context otherwise requires:
(1) County board shall mean the board of county commissioners in commissioner-type counties and the board of county supervisors in township counties;
(2) Public roads shall mean all roads within this state which have been laid out in pursuance of any law of this state, and which have not been vacated in pursuance of law, and all roads located and opened by the county board of any county and traveled for more than ten years; and
(3) County road unit system shall mean the administration of county and township roads as provided in sections 39-1513 to 39-1518.
Source
Laws 1957, c. 155, art. I, § 1, p. 508.
Annotations
Because Nebraska statutes vest the powers of a county in a “county board,” which term is defined to encompass both boards of supervisors existing under township organization and boards of county commissioners in counties not under township organization, the adoption of township organization does not alter the basic powers of a county. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
Under Nebraska statutes, the broadest designation for a road is that of public road. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1402 - Public roads; supervision by county board.

39-1402.
Public roads; supervision by county board.
General supervision and control of the public roads of each county is vested in the county board. The board shall have the power and authority of establishment, improvement, maintenance and abandonment of public roads of the county and of enforcement of the laws in relation thereto as provided by the provisions of Chapter 39, articles 14 to 20, except sections 39-1520.01 and 39-1908.
Source
Laws 1957, c. 155, art. I, § 2, p. 509.
Annotations
In the case of a road that is located within both a county and a township, the county board and the township board have concurrent authority over that road. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
The exercise of a county’s authority over township roads can supersede a township’s concurrent authority over those same roads. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
The power of general supervision of public roads vested in county boards by this section is neither exclusive nor mandatory. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
Under Nebraska statutes, the general supervision of public roads is vested in both county boards and township boards. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
With respect to public roads, a county which vacates a road while retaining a right-of-way has a duty to exercise such degree of care as would be exercised by a reasonable county under the same circumstances. Blaser v. County of Madison, 285 Neb. 290, 826 N.W.2d 554 (2013).
This section and section 31-740 authorize concurrent authority in a county and a sanitary and improvement district to maintain and improve public roads within the boundaries of the sanitary and improvement district. SID No. 2 of Stanton County v. County of Stanton, 252 Neb. 731, 567 N.W.2d 115 (1997).
This section outlines a county's authority over public roads within the county. State ex rel. Scherer v. Madison Cty. Comrs., 247 Neb. 384, 527 N.W.2d 615 (1995).
The County Board is vested with general supervision and control of the public roads located in its county as provided in this section. Art-Kraft Signs, Inc. v. County of Hall, 203 Neb. 523, 279 N.W.2d 159 (1979).
The statutory definition of public roads makes no distinction between county roads and township roads for the general purpose of this section. Art-Kraft Signs, Inc. v. County of Hall, 203 Neb. 523, 279 N.W.2d 159 (1979).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1403 - Roads on county or township line; deviation from line.

39-1403.
Roads on county or township line; deviation from line.
Any public road that is or shall hereafter be laid out on a county or township line shall be held to be a road on a county or township line, although, owing to the topography of the ground along the county or township line, or at the crossing of any stream of water, the proper authorities, in establishing or locating such road, may have located a portion of the same to one side of such county or township line.
Source
Laws 1957, c. 155, art. I, § 3, p. 509.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1404 - Public grounds, interests in; cannot arise by operation of law.

39-1404.
Public grounds, interests in; cannot arise by operation of law.
No privilege, franchise, right, title, right of user, or other interest in or to any street, avenue, road, thoroughfare, alley or public grounds in any county, city, municipality, town, or village of this state, or in the space or region under, through or above any such street, avenue, road, thoroughfare, alley, or public grounds, shall ever arise or be created, secured, acquired, extended, enlarged or amplified by user, occupation, acquiescence, implication, or estoppel.
Source
Laws 1957, c. 155, art. I, § 4, p. 509.
Annotations
Title by prescription cannot be obtained to all or any part of state highway. State v. Merritt Brothers Sand & Gravel Co., 180 Neb. 660, 144 N.W.2d 180 (1966).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1405 - Streets in unincorporated villages and sanitary and improvement districts; powers and duties of county or township authorities; liability for damages.

39-1405.
Streets in unincorporated villages and sanitary and improvement districts; powers and duties of county or township authorities; liability for damages.
(1) All public streets of unincorporated villages are a part of the public roads and shall be worked and maintained by the respective county or township authorities.
(2) The county board may, after the clearance of snow and ice from the county road system, clear snow and ice from all public streets of incorporated sanitary and improvement districts in the same manner as if such streets were part of the county road system.
Any county board performing such snow and ice clearance in a sanitary and improvement district shall not be held liable for any damages arising from such snow and ice clearance unless damages arise as a result of gross negligence.
(3) The county board of commissioners in counties having a population of sixty thousand inhabitants or more may enter into contracts with incorporated associations of homeowners representing at least fifty individual housing units which are located wholly within the county and are not part of any sanitary and improvement district or incorporated municipality for the provision of road maintenance services or snow and ice removal services on nonpublic roads which serve the homeowner association. Such contracts shall provide for payment to the county of an amount which fairly represents the cost to the county of providing such additional services.
Source
Laws 1957, c. 155, art. I, § 5, p. 509;
Laws 1975, LB 211, § 1;
Laws 1986, LB 1131, § 1;
Laws 1994, LB 501, § 5.
Annotations
Subsection (1) of this section requires counties to maintain the public roads within unincorporated villages. Subsection (2) of this section permits, but does not obligate, a county to perform snow and ice clearance in a sanitary and improvement district. State ex rel. Scherer v. Madison Cty. Comrs., 247 Neb. 384, 527 N.W.2d 615 (1995).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1407 - County road improvement projects; lettings; procedure; county board may authorize Department of Transportation to conduct; contractors' bonds.

39-1407.
County road improvement projects; lettings; procedure; county board may authorize Department of Transportation to conduct; contractors' bonds.
Whenever contracts are to be let for road improvements, it shall be the duty of the county board to cause to be prepared and filed with the county clerk an estimate of the nature of the work and the cost thereof. After such estimate has been filed, bids for such contracts shall be advertised by publication of a notice thereof once a week for three consecutive weeks in a legal newspaper of the county prior to the date set for receiving bids. Bids shall be let to the lowest responsible bidder. The board shall have the discretionary power to reject any and all bids for sufficient cause. If all bids are rejected, the county board shall have the power to negotiate any contract for road improvements, but the county board shall adhere to all specifications that were required for the initial bids on contracts. The board shall have the discretionary power to authorize the Department of Transportation to take and let bids on behalf of the county at the offices of the department in Lincoln, Nebraska. When the bid is accepted the bidder shall enter into a sufficient bond for the use and benefit of the county, precinct, or township, for the faithful performance of the contract, and for the payment of all laborers employed in the performance of the work, and for the payment of all damages which the county, precinct, or township may sustain by reason of any failure to perform the work in the manner stipulated. It shall be the duty of the county to determine whether or not the work is performed in keeping with such contract before paying for the same.
Source
Laws 1957, c. 155, art. I, § 7, p. 510;
Laws 1972, LB 1058, § 12;
Laws 1975, LB 114, § 2;
Laws 2017, LB339, § 139.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1408 - County or township roads; emergencies; authority of county or township boards.

39-1408.
County or township roads; emergencies; authority of county or township boards.
When an emergency or unusual condition exists requiring immediate action in order to preserve a county or township road or provide for safe conditions, the county board as to county roads within the county and the township board as to township roads within the township, or some person to whom such board has delegated such authority, may cause necessary repairs to be made, necessary services to be provided, or may contract for such repairs, or services without calling for competitive bids.
Source
Laws 1957, c. 155, art. I, § 8, p. 510.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1409 - Labor on roads; wages fixed by county board.

39-1409.
Labor on roads; wages fixed by county board.
Any person performing labor on roads shall receive the wages fixed by the county board in each county for such labor.
Source
Laws 1957, c. 155, art. I, § 9, p. 511.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1410 - Section lines declared roads; opening; damages, appraisal and allowance; government corners, how perpetuated.

39-1410.
Section lines declared roads; opening; damages, appraisal and allowance; government corners, how perpetuated.
The section lines are hereby declared to be public roads in each county in the state, and the county board may whenever the public good requires it open such roads without any preliminary survey and cause them to be worked in the same manner as other public roads;
Provided,
any damages claimed by reason of any such road shall be appraised and allowed in the manner provided by law. The county board shall cause existing government corners along such line to be perpetuated by causing to be planted monuments of some durable material, with suitable witnesses, and causing a record to be made of the same and, if government corners are lost or obliterated, the county board shall cause the corners to be located in the manner provided in the manual of instruction for government surveys. The county board shall cause such work to be performed by the county surveyor or, if there is no county surveyor in the county, by some other competent land surveyor.
Source
Laws 1957, c. 155, art. I, § 10, p. 511.
Annotations
A county cannot open a section line road without giving notice to the landowners, hearing the landowners' claim for damages, or appointing appraisers and making provisions for the payment of the landowners' damages; if it attempts to do so it is trespassing. Olson v. Bonham, 212 Neb. 548, 324 N.W.2d 260 (1982).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1411 - Road and bridge records, who must keep; carrying capacity posted on bridges.

39-1411.
Road and bridge records, who must keep; carrying capacity posted on bridges.
The county highway superintendent or some other qualified person designated by the county board shall keep in his or her office a road record which shall include a record of the proceedings in regard to the laying out, establishing, changing, or discontinuing of all roads in the county hereafter established, changed, or discontinued, and a record of the cost and maintenance of all such roads. Such person shall record in the bridge record a record of all county bridges and culverts showing number, location, and description of each, and a record of the cost of construction and maintenance of all such bridges and culverts. If the carrying capacity or weight limit of any bridge is less than the limits set forth in subsections (2), (3), and (4) of section 60-6,294, the county shall cause to be firmly posted or attached upon such bridge in a conspicuous place at each end thereof a board or metal sign showing the carrying capacity or weight which the bridge will safely carry or bear.
Source
Laws 1957, c. 155, art. I, § 11, p. 511;
Laws 2018, LB310, § 1.
Cross References
Road record, duties of county clerk, see section 23-1305.
Annotations
County held liable for injuries resulting from collapse of bridge where county highway superintendent failed to replace a weight limit sign. Hansmann v. County of Gosper, 207 Neb. 659, 300 N.W.2d 807 (1981).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1412 - County bridges; loads exceeding limits or posted capacity; no damage recovery; violation; penalty.

39-1412.
County bridges; loads exceeding limits or posted capacity; no damage recovery; violation; penalty.
(1) No person shall drive across or go upon any county bridge with a greater weight than the limits set forth in subsections (2), (3), and (4) of section 60-6,294 or the carrying capacity or weight posted or attached pursuant to section 39-1411.
(2) A person who violates this section shall recover no damages from the county for any accident or injury which may happen to him or her upon such bridge because of damage to or the failure of such bridge caused by such violation.
(3) A person who violates this section shall be guilty of a Class III misdemeanor.
Source
Laws 1957, c. 155, art. I, § 12, p. 512;
Laws 1977, LB 40, § 214;
Laws 2018, LB310, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1501 - Highway superintendent or road unit system counties; county boards; general powers and duties.

39-1501.
Highway superintendent or road unit system counties; county boards; general powers and duties.
The county board, in commissioner-type counties having a county highway superintendent and in township-type counties having adopted a county road unit system as provided in sections 39-1513 to 39-1518, shall:
(1) Have general supervision over all the duties and responsibilities of the county highway superintendent and shall make necessary policies and regulations to effect an efficient road administration in conformity with the laws of the State of Nebraska;
(2) Appoint and fix the salary of a county highway superintendent in counties having a population of less than one hundred thousand inhabitants according to the most recent official United States census;
Provided,
that in counties having a population of less than eighteen thousand inhabitants and less than five commissioners the appointment of a county highway superintendent shall be optional with the county board unless a petition is filed with the county clerk as provided by section 39-1502;
and provided further,
that the county board may appoint and fix the salary of a county highway superintendent jointly with one or more other counties and determine the portion of the salary to be paid by the county for its share of the use of a county highway superintendent serving the cooperating counties;
(3) Have authority to coordinate in an effective manner the highway programs and activities of the county with the related activities of the State of Nebraska and all governmental subdivisions thereof;
(4) Have authority to enter into agreements with the federal government or any department or agency of the federal government, the state or any political or governmental subdivision or public corporation of this state, or with a citizen or group of citizens of this state respecting the planning, designating, financing, establishing, constructing, improving, maintaining, using, altering, relocating or vacation of highways, roads, streets, connecting links or bridges, and in such instances may cooperate with the state or with such subdivisions or public corporations on such terms as may be mutually agreed upon; and
(5) Maintain roads in unincorporated areas if such roads are dedicated to the public and are first improved to minimum standards as established by the county board. In a zoning area of a municipality such standards shall be the higher of those established either by the county or the municipality. Future improvements may be undertaken pursuant to the provisions of Chapter 39, article 16.
Source
Laws 1957, c. 155, art. II, § 1, p. 512;
Laws 1974, LB 893, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1502 - Highway superintendent; optional appointment in certain commissioner counties; protests; election.

39-1502.
Highway superintendent; optional appointment in certain commissioner counties; protests; election.
The county board, in a county having a population of less than eighteen thousand inhabitants and less than five commissioners, shall appoint and fix the salary of a county highway superintendent whenever a petition for such appointment is signed by ten percent of the legal voters in the county voting for Governor at the last general election and is filed with the county clerk. If a petition protesting such appointment is signed by ten percent of the legal voters in the county and is filed with the county clerk within ninety days from the filing date of the petition for appointment, the county board shall submit the question to the electors. Within ten days from the filing of the petition for appointment, the county board shall publish notice that such petition has been filed, and such notice shall 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. If no petition in protest is filed or if a majority of the votes cast are in favor of appointing a county highway superintendent, the county board shall appoint and fix the salary of such superintendent within six months from the filing of the petition for appointment or from the date of balloting as the case may be.
Source
Laws 1957, c. 155, art. II, § 2, p. 513;
Laws 1986, LB 960, § 27.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1502.01 - Highway superintendent; abolition; procedure.

39-1502.01.
Highway superintendent; abolition; procedure.
When a county highway superintendent has been appointed following an election held pursuant to section 39-1502, such position may be abolished at any general election after two years from the date of such election in the same manner as the appointment was approved.
Source
Laws 1961, c. 199, § 1, p. 602.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1503 - Highway superintendent or road unit system counties; county boards; duties.

39-1503.
Highway superintendent or road unit system counties; county boards; duties.
It shall be the duty of the county board in commissioner-type counties having a county highway superintendent and in township-type counties having adopted a county road unit system to:
(1) Give notice to the public of the date set for public hearings upon the proposed county highway program of the county highway superintendent for the forthcoming year by publication 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. The notice shall clearly state the purpose, time, and place of such public hearings;
(2) Adopt a county highway annual program no later than March 1 of each year which shall include a schedule of construction, repair, and maintenance projects and the order of priority of such projects to be undertaken and carried out by the county and a list of equipment to be purchased and the priority of such purchases, within the limits of the estimated funds available during the next twelve months;
(3) Adopt standards to be applied in road and bridge repair, maintenance, and construction;
(4) Advertise for and take and let bids for all or any portion of the county road work when letting bids, except that when the Department of Transportation takes bids on behalf of the county, the county shall have authority to permit such bids to be taken and let at the offices of the department in Lincoln, Nebraska; and
(5) Cause investigations, studies, and inspections to be made, hold public hearings, and do all other things necessary to carry out the duties imposed upon it by law.
Source
Laws 1957, c. 155, art. II, § 3, p. 514;
Laws 1969, c. 333, § 3, p. 1190;
Laws 1986, LB 960, § 28;
Laws 2017, LB339, § 140.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1504 - Commissioner counties; no highway superintendent; county board or designee to perform duties.

39-1504.
Commissioner counties; no highway superintendent; county board or designee to perform duties.
In commissioner-type counties not having a county highway superintendent, the county board, or some other qualified person designated by the county board, shall assume and perform the powers and duties of the county highway superintendent.
Source
Laws 1957, c. 155, art. II, § 4, p. 515.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1505 - Bridges, numbering; duties of county board; highway history, highway superintendent to keep.

39-1505.
Bridges, numbering; duties of county board; highway history, highway superintendent to keep.
For the purpose of assisting the county highway superintendent in making and keeping the bridge record, the county board shall adopt a system of numbering all county bridges, and place and keep on each bridge a plain and substantial number, and furnish to the county highway superintendent a complete inventory of all bridges so numbered. The superintendent shall keep all maps, charts, plans, and specifications of such roads and bridges so as to preserve, as nearly as possible, a complete history of the roads of the county.
Source
Laws 1957, c. 155, art. II, § 5, p. 515.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1506 - County highway superintendent; qualifications.

39-1506.
County highway superintendent; qualifications.
Any person, whether or not a resident of the county, who is a duly licensed engineer in this state, any firm of consulting engineers duly licensed in this state, or any other person who is a competent, experienced, practical road builder shall be qualified to serve as county highway superintendent, except that no member of the county board shall be eligible for appointment. In counties having a population of one hundred thousand but less than one hundred fifty thousand inhabitants according to the most recent official United States census, the county surveyor shall perform all the duties and possess all the powers and functions of the county highway superintendent. In counties having a population of one hundred fifty thousand or more inhabitants, the county engineer shall serve as county highway superintendent.
Source
Laws 1957, c. 155, art. II, § 6, p. 515;
Laws 1982, LB 127, § 9;
Laws 1986, LB 512, § 3;
Laws 2017, LB200, § 4;
Laws 2022, LB791, § 4.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1507 - Highway superintendent; powers; bond; annual inventory.

39-1507.
Highway superintendent; powers; bond; annual inventory.
The county highway superintendent shall have control, government, and supervision of all the public roads and bridges in the county under the general supervision and control of the county board. Before entering upon the duties of his office he shall execute to the county a bond in the sum of five thousand dollars, to be approved by the county board, conditioned for the faithful performance of his duties, and to account for all funds and property that may come into his possession. The county highway superintendent shall prepare and file an annual inventory statement of county personal property in his custody or possession as provided in sections 23-346 to 23-350.
Source
Laws 1957, c. 155, art. II, § 7, p. 515.