reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1713 - Isolated land; access; affidavit; petition; hearing before county board; time; terms, defined.

39-1713.
Isolated land; access; affidavit; petition; hearing before county board; time; terms, defined.
(1) When any person presents to the county board an affidavit satisfying it (a) that he or she is the owner of the real estate described therein located within the county, (b) that such real estate is shut out from all public access, other than a waterway, by being surrounded on all sides by real estate belonging to other persons, or by such real estate and by water, (c) that he or she is unable to purchase from any of such persons the right-of-way over or through the same to a public road or that it cannot be purchased except at an exorbitant price, stating the lowest price for which the same can be purchased by him or her, and (d) asking that an access road be provided in accordance with section 39-1716, the county board shall appoint a time and place for hearing the matter, which hearing shall be not more than thirty days after the receipt of such affidavit. The application for an access road may be included in a separate petition instead of in such affidavit.
(2) For purposes of sections 39-1713 to 39-1719:
(a) Access road means a right-of-way open to the general public for ingress to and egress from a tract of isolated land provided in accordance with section 39-1716; and
(b) State of Nebraska includes the Board of Educational Lands and Funds, Board of Regents of the University of Nebraska, Board of Trustees of the Nebraska State Colleges, Department of Transportation, Department of Administrative Services, and Game and Parks Commission and all other state agencies, boards, departments, and commissions.
Source
Laws 1957, c. 155, art. IV, § 13, p. 544;
Laws 1982, LB 239, § 1;
Laws 1999, LB 779, § 4;
Laws 2017, LB339, § 142.
Annotations
Under subsection (2) (now subdivision (1)(b)) of this section, land may be isolated if the land is shut off from all public roads, other than a waterway, by (1) being surrounded on all sides by real estate belonging to other persons or (2) being surrounded on all sides by real estate belonging to others and by water. A writ of mandamus is the proper remedy to compel a county board, in accordance with this section and section 39-1716, to lay out a public road for access to isolated land. Young v. Dodge Cty. Bd. of Supervisors, 242 Neb. 1, 493 N.W.2d 160 (1992).
A road established hereunder is a public road and this section is constitutional. Moritz v. Buglewicz, 187 Neb. 819, 194 N.W.2d 215 (1972).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1714 - Isolated land; access by private road only; affidavit; petition; hearing before county board.

39-1714.
Isolated land; access by private road only; affidavit; petition; hearing before county board.
Whenever all the other conditions prescribed by section 39-1713 are present and, instead of being entirely shut off from all public roads, the only access by any owner of real estate to any public road is by an established private road less than two rods in width, the county board shall, upon the filing of an affidavit or affidavit and petition asking that an access road be provided in accordance with section 39-1716, substantially in the manner set forth in section 39-1713, setting forth such facts, appoint a time and place and hold a hearing thereon in the manner set forth in section 39-1713.
Source
Laws 1957, c. 155, art. IV, § 14, p. 545;
Laws 1999, LB 779, § 5.
Annotations
This section provides that whenever the county board finds that such conditions set forth in section 39-1713 are present and, instead of being entirely shut off from all public roads, that the owner has access to any public road only by an established private road less than 2 rods in width, the county board is required, upon the filing of an affidavit or affidavit and petition to hold a hearing on the matter. Lewis v. Board of Comrs. of Loup Cty., 247 Neb. 655, 529 N.W.2d 745 (1995).
Establishment of a public road upon satisfaction of statutory requirements is a ministerial duty within the power of the county board. Burton v. Annett, 215 Neb. 788, 341 N.W.2d 318 (1983).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1715 - Isolated land; access; hearing; notice; service; posting.

39-1715.
Isolated land; access; hearing; notice; service; posting.
When a hearing is to be held as provided in sections 39-1713 and 39-1714, the county board shall cause notice of the time and place of the hearing to be given by posting notices thereof in three public places in the county at least ten days before the time fixed therefor. At least fifteen days' written notice of the time and place of the hearing shall be given to all of the owners and occupants of the lands through which the access road may pass. The notice shall be served personally or by leaving a copy thereof at the usual place of abode of each occupant of such lands and, whenever possible, by either registered or certified mail to the owners of such lands.
Source
Laws 1957, c. 155, art. IV, § 15, p. 545;
Laws 1982, LB 239, § 2;
Laws 1999, LB 779, § 6.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1716 - Isolated land; access road; damages; powers of county board; costs; maintenance.

39-1716.
Isolated land; access road; damages; powers of county board; costs; maintenance.
(1) The county board shall, if it finds (a) that the conditions set forth in section 39-1713 or 39-1714 exist, (b) that the isolated land was not isolated at the time it was purchased by the owner or that the owner acquired the land directly from the State of Nebraska, (c) that the isolation of the land was not caused by the owner or by any other person with the knowledge and consent of the owner, and (d) that access is necessary for existing utilization of the isolated land, proceed to provide an access road and, if it finds that the amount of use and the number of persons served warrants such action, may lay out a public road to such real estate.
(2) The county board shall appraise the damages to be suffered by the owner or owners of the real estate over or through which the access road will be provided. Such damages shall be paid by the person petitioning that the access road be provided. For any real estate purchased or otherwise acquired after January 1, 1982, for which public access is granted pursuant to sections 39-1713 to 39-1719, the person petitioning for such access shall also reimburse the county for all engineering and construction costs incurred in providing such access.
(3) Notwithstanding any other provisions of law, an access road provided in accordance with this section shall not be subject to Chapter 39, article 20 or 21. The designation of such an access road shall not impose on the State of Nebraska or any political subdivision any obligation of design, construction, or maintenance for the access road nor give rise to any cause of action against the state or any political subdivision with respect to the access road.
Source
Laws 1957, c. 155, art. IV, § 16, p. 545;
Laws 1982, LB 239, § 3;
Laws 1999, LB 779, § 7.
Annotations
This section provides that the county board may lay out a public road of not more than 4 nor less than 2 rods in width to isolated real estate, if it finds that the amount of use and the number of persons served warrant such action. Lewis v. Board of Cmrs. of Loup Cty., 247 Neb. 655, 529 N.W.2d 745 (1995).
A writ of mandamus is the proper remedy to compel a county board, in accordance with this section and section 39-1713, to lay out a public road for access to isolated land. This section applies prospectively, that is, to real estate acquired after January 1, 1982. Young v. Dodge Cty. Bd. of Supervisors, 242 Neb. 1, 493 N.W.2d 160 (1992).
The duty of the board of county commissioners under this section, to lay out a public road upon a showing that the statutory conditions of section 39-1713, R.R.S.1943, exist, is ministerial. Singleton v. Kimball County Board of Commissioners, 203 Neb. 429, 279 N.W.2d 112 (1979).
A road established as provided herein is a public road. Moritz v. Buglewicz, 187 Neb. 819, 194 N.W.2d 215 (1972).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1717 - Isolated land; location of access road.

39-1717.
Isolated land; location of access road.
Whenever possible, an access road provided in accordance with section 39-1716 shall be along section lines. When the most practicable route for the access road is adjacent to a watercourse, the land to be taken for the access road shall be measured from the edge of the watercourse.
Source
Laws 1957, c. 155, art. IV, § 17, p. 546;
Laws 1982, LB 239, § 4;
Laws 1999, LB 779, § 8.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1718 - Isolated land; access road; order of county board; award of damages; payment; filing of order.

39-1718.
Isolated land; access road; order of county board; award of damages; payment; filing of order.
If the county board decides to provide an access road in accordance with section 39-1716, the county board shall make and sign an order describing the same and file it with the county clerk, together with its award of damages which order shall be recorded by the clerk, except that the amount assessed as damages to the owner or owners of the real estate shall be paid to the county treasurer before the order providing for the access road is filed.
Source
Laws 1957, c. 155, art. IV, § 18, p. 546;
Laws 1982, LB 239, § 5;
Laws 1999, LB 779, § 9.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1718.01 - Isolated land; changes in law; applicability.

39-1718.01.
Isolated land; changes in law; applicability.
Sections 39-1713 to 39-1719 shall not apply if public access has been granted prior to July 17, 1982.
Source
Laws 1982, LB 239, § 6;
Laws 1999, LB 779, § 10.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1719 - Isolated land; access road; award; appeal; procedure.

39-1719.
Isolated land; access road; award; appeal; procedure.
Any party to an award as provided by section 39-1718 may, within sixty days after the filing thereof, appeal therefrom to the district court of the county where the lands lie. The appeal shall be taken by serving upon the adverse party a notice of such appeal and filing such notice and proof of service thereof with the clerk of the court within the sixty days. Thereupon the appeal shall be set down for hearing at the next term of the court. It shall be heard and determined in like manner as appeals from awards in condemnations as provided in sections 76-704 to 76-724. Such appeal shall not affect the right or authority of the petitioner to the use of the access road under the award of the appraisers.
The applicant shall in case of appeal file such additional security as may be required by the county board for such costs and damages as may accrue against him or her by reason of such appeal. If on appeal the appellant does not obtain a more favorable judgment and award than was given by the appraisers, such appellant shall pay all the costs of such appeal. Either party to such suit may appeal from the decision of the district court to the Court of Appeals, and the sum deposited as provided in this section shall remain in the hands of the county treasurer until a final decision is had.
Source
Laws 1957, c. 155, art. IV, § 19, p. 546;
Laws 1961, c. 189, § 8, p. 583;
Laws 1991, LB 732, § 99;
Laws 1999, LB 779, § 11.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1720 - Roads to bridge on county line; opening; maintenance; closing or vacating.

39-1720.
Roads to bridge on county line; opening; maintenance; closing or vacating.
Where there is, or may be hereafter constructed, a public bridge across a stream dividing two counties, it shall be the duty of the county boards of such counties to open and keep open within their respective counties a public road leading from such bridge to the most convenient public road. Each county shall bear the expense necessary to open and maintain such roads in good condition for travel. Such roads shall not be closed or vacated except by concurrent action of the county boards of both counties.
Source
Laws 1957, c. 155, art. IV, § 20, p. 547.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1721 - County and township roads; portions within cities or villages; subject to municipal regulations.

39-1721.
County and township roads; portions within cities or villages; subject to municipal regulations.
Such portions of all public roads of the counties and townships as lie within the limits of any incorporated city or village shall conform to the direction and grade and be subject to all the regulations of other streets in such city or village.
Source
Laws 1957, c. 155, art. IV, § 21, p. 547.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1722 - Road vacation or abandonment; resolution of county board directing study; report to board; permanent record.

39-1722.
Road vacation or abandonment; resolution of county board directing study; report to board; permanent record.
The county board of any county may by resolution, when it deems the public interest may require vacation or abandonment of a public road of the county, direct the county highway superintendent or in counties having no highway superintendent then such person as the board may direct to study the use being made of such public road and to submit in writing to the county board within thirty days, a report upon the study made and his or her recommendation as to the vacation or abandonment thereof. Said resolution and report shall be retained in the office of the county clerk as a part of the permanent public records of the county board;
Provided,
that the county board shall not require vacation or abandonment of any public road or any part thereof which is within the area of the zoning jurisdiction of a city of the metropolitan, primary, or first class without the prior approval of the governing body of such city.
Source
Laws 1957, c. 155, art. IV, § 22, p. 547;
Laws 1971, LB 192, § 2;
Laws 1980, LB 607, § 1.
Annotations
Statute providing for limited access to interstate highway was not limited or controlled by general road laws. Fougeron v. County of Seward, 174 Neb. 753, 119 N.W.2d 298 (1963).
The discretion exercised by a county board of commissioners under this section and section 39-1725 is not judicial in nature, and as such, the trial court did not have jurisdiction to hear a petition in error under section 25-1901. Camp Clarke Ranch v. Morrill Cty. Bd. of Comrs., 17 Neb. App. 76, 758 N.W.2d 653 (2008).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1723 - Road vacation or abandonment; electors' petition; contents; study and report.

39-1723.
Road vacation or abandonment; electors' petition; contents; study and report.
Any person desiring the vacation or abandonment of any public road of the county shall file in the office of the county clerk of the proper county, a petition signed by ten or more electors residing within ten miles of the road proposed to be vacated or abandoned, which petition shall contain (1) the names and addresses of said electors, (2) a clear and unambiguous description of the road proposed to be vacated or abandoned, (3) the reason or reasons why said road should be vacated or abandoned, and (4) a request that a time and date be set for public hearing before the county board. The county board shall within two weeks thereafter direct the county highway superintendent, or in counties having no highway superintendent then such person as the board may direct, to proceed in the manner set forth in section 39-1722.
Source
Laws 1957, c. 155, art. IV, § 23, p. 547;
Laws 1961, c. 189, § 9, p. 583;
Laws 1980, LB 607, § 2.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1724 - County board resolution ordering public hearing; publication; service of notice on adjacent landowners and municipality.

39-1724.
County board resolution ordering public hearing; publication; service of notice on adjacent landowners and municipality.
Upon receipt of the report, as provided in section 39-1722, the county board shall adopt a resolution fixing the time, date, and place for public hearing. Such resolution shall contain a clear and unambiguous description of the road to be vacated or abandoned. The county board shall cause such resolution to be published once a week for three consecutive weeks in a legal newspaper published in the county or, if none is published in the county, in a legal newspaper of general circulation in the county. Whenever possible the board shall cause copies to be served by either registered or certified mail upon the owners of land abutting on or adjacent to the road to be vacated or abandoned and upon the planning and public works directors of a city of the metropolitan, primary, or first class when such road or any part thereof is within the area of the zoning jurisdiction of such city by mailing the same to the last-known address of each owner not less than two weeks in advance of the hearing.
Source
Laws 1957, c. 155, art. IV, § 24, p. 548;
Laws 1971, LB 192, § 3;
Laws 1980, LB 607, § 3;
Laws 1986, LB 960, § 30.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1726 - County operating roads on a township basis; offer to relinquish; procedure; vacation in metropolitan cities; notice to city planning director.

39-1726.
County operating roads on a township basis; offer to relinquish; procedure; vacation in metropolitan cities; notice to city planning director.
(1) No fragment of a county road lying within a township in a county operating roads on a township basis shall be vacated or abandoned without first offering to relinquish it to the township. The county board shall offer to relinquish such county road by written notification to such township. Such offer to relinquish may be conditional or subject to the reservation of any right which the county board deems necessary and proper. Four months after sending the written notification, the county board may proceed to abandon such county road unless a petition from a notified township has been filed with the county board setting forth that the township desires to maintain such road, or portion thereof, subject to the reservations contained in the notice. The county board may reject any petition which does not accept the conditions or reservations set forth in the notice. The petition and the acceptance or rejection thereof by the county board shall be placed upon public record in the office of the county clerk. In the event the petition is accepted, the county board shall by resolution relinquish the county road to the township. From the date of the resolution the county shall be relieved of all responsibility in relation to the road. In the event a petition for relinquishment is not received within four months or in the event that the petition for relinquishment is not accepted, the county board shall, by resolution, state whether the vacated or abandoned road shall be retained or disposed of by sale, or by reverter to the adjacent property or otherwise.
(2) In any county in which is located a city of the metropolitan class, written notification of the proposed vacation or abandonment shall be given to the planning director of the city, and any recommendations which the officer shall make shall be received and considered before such vacation or abandonment is effected.
(3) When the county vacates or abandons all or any portion of a county road, the county shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating resolution with the register of deeds for the county in which the vacated property is located to be indexed against all affected lots.
Source
Laws 1957, c. 155, art. IV, § 26, p. 549;
Laws 1963, c. 237, § 1, p. 727;
Laws 1980, LB 607, § 5;
Laws 2001, LB 483, § 8.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1727 - County roads; detachment from county road system.

39-1727.
County roads; detachment from county road system.
Whenever a county road has been designated and established as provided by sections 39-2001 to 39-2003, the county board may detach the same, or any part thereof, from the county road system, and cause the same to revert back as a township road. The county board shall no longer be obliged to maintain the same and the maintenance and improvement of the road shall thereafter devolve upon the township.
Source
Laws 1957, c. 155, art. IV, § 27, p. 550.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1728 - Barricading of county or township roads by Department of Transportation permitted; conditions; procedure.

39-1728.
Barricading of county or township roads by Department of Transportation permitted; conditions; procedure.
A county or township road may be barricaded by the road department of the state for the purpose of regulating, restricting, or prohibiting ingress and egress to a state highway upon which the department has established a limited- or controlled-access facility;
Provided,
that prior thereto the written notice has been given by the department to the county or township board having jurisdiction of the road to be barricaded and that within thirty days from the date such notice was given, the county or township board, as the case may be, has not adopted by unanimous vote of all its members and delivered to the department a resolution opposing the barricading of such road;
and provided further,
that road crossings shall be provided along such controlled- or limited-access facilities at intervals of not to exceed five miles unless the consent of the county board has been obtained for the establishment of fewer crossings.
Source
Laws 1957, c. 155, art. IV, § 28, p. 550.
Annotations
This section is not special legislation and does not operate to deprive landowner of property without due process of law. Fougeron v. County of Seward, 174 Neb. 753, 119 N.W.2d 298 (1963).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1729 - Access to public roads; right assured; landowners may waive; condemnation.

39-1729.
Access to public roads; right assured; landowners may waive; condemnation.
The right of reasonable convenient egress and ingress from lands or lots, abutting on an existing street or road, may not be denied except with the consent of the owners of such lands or lots, or with the condemnation of such right of access to and from such abutting lands or lots.
Source
Laws 1957, c. 155, art. IV, § 29, p. 550.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1730 - Public roads; elimination of railroad crossings; petition; procedure.

39-1730.
Public roads; elimination of railroad crossings; petition; procedure.
Upon the petition of the owner or operator of any railroad, the county board is authorized to vacate such part of a public road, outside of incorporated cities and villages, lying within the right-of-way of such railroad, and not part of a state highway, if it appears that such crossing should be eliminated in the interest of public safety. Such petition shall be filed with the county clerk of the county in which such part of a public road is located. The same procedure shall be followed in the elimination of railroad grade crossings as is provided for the relocation, vacation, and abandonment of public roads as set forth in sections 39-1722 to 39-1725.
Source
Laws 1957, c. 155, art. IV, § 30, p. 551.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1731 - Roads along or across county line; discontinuance.

39-1731.
Roads along or across county line; discontinuance.
Roads established by the concurrent action of the county boards of two or more counties can be discontinued only by the concurrent action of the county boards of the several counties in which the same may be situated; but such roads shall be treated in all other respects as other public roads.
Source
Laws 1957, c. 155, art. IV, § 31, p. 551.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1801 - County and township roads; temporary closing; detours; authority of county and township board; barricades; violation; penalty.

39-1801.
County and township roads; temporary closing; detours; authority of county and township board; barricades; violation; penalty.
Whenever a county or township road or a part of such road is impassable or unusually dangerous to travel, whenever it becomes necessary because of construction or maintenance work to suspend all or part of the travel on such road, or whenever justified by necessity in order to provide for the public safety, such road or part of a road may be temporarily closed, and when feasible a suitable detour provided, or the weight limitations of wheel and axle loads as defined in subsections (2) through (4) of section 60-6,294 may be restricted to the extent deemed necessary for a reasonable period where the subgrade or pavement of such roads is weak or materially weakened by climatic conditions, by the county board as to county roads within the county and by the township board as to township roads within the township or by the person to whom the county board or township board has delegated the authority to temporarily close roads within the particular county or township.
Whenever such road or part of a road is temporarily closed, the person, board, or contractor therefor shall erect, at both ends of the portion of the road so closed, suitable barricades, fences, or other enclosures and shall post signs warning the public that the road is closed by authority of law. Such barricades, fences, enclosures, and signs shall serve as notice to the public that such road is unsafe and that anyone entering such closed road, without permission, does so at his or her own peril.
Whenever a road or part of a road is undergoing construction, repair, or maintenance, while the public use thereof is permitted, traffic thereon may be regulated, limited, or controlled under the same authority as such road may be temporarily closed.
Any person who violates any provision of this section or who removes or interferes with any barricade, fence, enclosure, or warning sign required by this section shall be guilty of a Class V misdemeanor.
Source
Laws 1957, c. 155, art. V, § 1, p. 551;
Laws 1961, c. 181, § 9, p. 541;
Laws 1977, LB 40, § 215;
Laws 1993, LB 370, § 41.
Annotations
A motorist commits a misdemeanor by proceeding down a county road that has been temporarily closed and has suitable barricades and signs posted, thus giving an officer probable cause to stop the vehicle. State v. Morrissey, 19 Neb. App. 590, 810 N.W.2d 195 (2012).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1802 - Public roads; drainage facilities; construction and maintenance; authority of county board or road overseer; damage to property outside of right-of-way; notice.

39-1802.
Public roads; drainage facilities; construction and maintenance; authority of county board or road overseer; damage to property outside of right-of-way; notice.
The county board shall have the authority to construct, maintain, and improve drainage facilities on the public roads of the county. The county board also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measures beyond the road right-of-way limits wherever it is deemed necessary in order to protect the roads and drainage facilities from damage. The county board or road overseer shall have the authority to enter upon private or public property for the purposes listed in this section. The county board or road overseer shall make a record of the condition of the premises at the time of entry upon the premises or a record of any claimed encroachment of the road right-of-way that can be used in the event of damages to private property. In case of any damage to the premises, the county board shall pay the record owner of the premises the amount of the damages. Upon failure of the landowner and county board 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. The county board or road overseer shall give the record owner of the premises ten days' notice of its intention to enter upon private property for purposes listed in this section or to modify, relocate, remove, or destroy any encroaching private property in the county road right-of-way for such purposes. Upon notice the record owner shall have five days to respond to the county board or road overseer. In the event of an emergency or a threat to public health, safety, or welfare, the notice requirement of this section may be waived.
Source
Laws 1957, c. 155, art. V, § 2, p. 552;
Laws 2013, LB386, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1803 - Public road within city limits; maintenance by county; when authorized.

39-1803.
Public road within city limits; maintenance by county; when authorized.
(1) In any case in which the boundary line of an incorporated city extends in and along a public road, which road has not been paved or macadamized, then the county board of any county in which such road lies is hereby authorized and empowered to maintain and keep in repair and proper condition for travel the full width of such road, including the portion which lies within the corporate limits as well as the portion which lies outside of the corporate limits, and to pay the cost and expense of such maintenance, repair, and upkeep, so long as the road remains unpaved.
(2) A county may enter into an agreement under the Interlocal Cooperation Act with a city or village located in such county to appropriate and use county road funds for the improvement, maintenance, or repair of a road or street that is:
(a) Located within the corporate limits of the city or village if the street is classified as other arterial, collector, or local under subdivisions (4) through (6) of section 39-2104 and such street acts as a direct link or extension of an other arterial as described in subdivision (5) of section 39-2103;
(b) Located on the boundary between the corporate limits of the city or village and the county; or
(c) A city or village road or street directly impacted by county operations or through traffic.
Source
Laws 1957, c. 155, art. V, § 3, p. 552;
Laws 2002, LB 616, § 1.
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1804 - Main thoroughfare through cities and villages of 1,500 inhabitants or less; graveling by county; when authorized; chargeable to Highway Allocation Fund.

39-1804.
Main thoroughfare through cities and villages of 1,500 inhabitants or less; graveling by county; when authorized; chargeable to Highway Allocation Fund.
The county board may, with the approval of the mayor and council or the chairperson and board of trustees, as the case may be, whenever conditions warrant, furnish, deliver, and spread gravel of a depth not exceeding three inches on certain streets in cities of the second class and villages having a population of not more than fifteen hundred 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 and shall charge the cost of such improvement to that portion of the Highway Allocation Fund allocated to such counties from the Highway Trust Fund under section 39-2215. No improvement of any street or streets in cities of the second class or villages having a population of not more than fifteen hundred 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 shall be made under the provisions of this section unless the street or streets, when graveled, will constitute one main thoroughfare through such city or village that connects with or forms a part of the county highway system of such county which has been or which shall be graveled up to the corporate limits of such city or village. Before being entitled to such county aid in graveling such thoroughfare, the same must have been properly graded by such city or village in accordance with the grade established in the construction of the county road system.
Source
Laws 1957, c. 155, art. V, § 4, p. 553;
Laws 1972, LB 1058, § 13;
Laws 1986, LB 599, § 10;
Laws 2017, LB113, § 41.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1805 - Snow fences; access to adjacent property authorized; damages; payment.

39-1805.
Snow fences; access to adjacent property authorized; damages; payment.
The county board shall cause the county roads to be kept sufficiently clear of snow and ice so as to be reasonably safe for travel. The county shall have the authority to enter upon private or public property adjacent to any county road and to place and maintain thereon snow fences wherever it is deemed necessary in order to prevent snow drifting on the traveled portion of such road. Such snow fences shall be erected in such a manner as to provide the most protection to the road 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 county shall pay the amount of such damage to the owner of the property.
Source
Laws 1957, c. 155, art. V, § 5, p. 553.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1806 - Snow fences; refusal of access to lands; willful or malicious damage; other violations; penalty.

39-1806.
Snow fences; refusal of access to lands; willful or malicious damage; other violations; penalty.
Any person who shall refuse to allow an agent or employee of the county board access to any lands for the purpose of installing, maintaining or removing any snow fences, or any person who shall violate any other provision of section 39-1805, or any person who shall willfully or maliciously damage or destroy any snow fence installed and erected, as provided for by law, shall be guilty of a Class III misdemeanor.
Source
Laws 1957, c. 155, art. V, § 6, p. 554;
Laws 1977, LB 40, § 216.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1807 - Road lighting system; installation, maintenance, operation; powers of county board.

39-1807.
Road lighting system; installation, maintenance, operation; powers of county board.
The county board of any county, as a part of its duties, shall have power and authority to contract for the installment, maintenance, and operation of road lighting systems, sufficient to light any county road, or any portion thereof in its county, when, in the judgment of the county board, the lighting of such road or any portion thereof is in the interest of public safety. The cost of installing, maintaining, and operating such road lighting systems shall be paid out of funds that are available for the construction and maintenance of county roads.
Source
Laws 1957, c. 155, art. V, § 7, p. 554.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1808 - Livestock lanes; when provided by county board.

39-1808.
Livestock lanes; when provided by county board.
Whenever the condition of any sand roadbed shall be such that the driving of cattle or other livestock thereon will destroy or impair said sand roadbed, the county board may at its discretion, locate, build, and maintain lanes or other driveways adjacent to said road through which such cattle or other livestock shall be driven.
Source
Laws 1957, c. 155, art. V, § 8, p. 554.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1809 - Livestock lanes; establishment; maintenance; powers of county board.

39-1809.
Livestock lanes; establishment; maintenance; powers of county board.
In the establishment and maintenance of such lanes and driveways the county board shall have the same powers and follow the same procedure as is provided by law for the establishment and maintenance of public roads and highways, except as to bridges, culverts and the grading of such lanes and driveways.
Source
Laws 1957, c. 155, art. V, § 9, p. 554.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1810 - Livestock lanes; driving livestock on adjacent highway; penalty.

39-1810.
Livestock lanes; driving livestock on adjacent highway; penalty.
Any person who shall drive or assist in driving any cattle or livestock over a public road where such lane or driveway has been established as provided in section 39-1808 shall be guilty of a Class III misdemeanor.
Source
Laws 1957, c. 155, art. V, § 10, p. 554;
Laws 1977, LB 40, § 217.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1811 - Weeds; mowing; duty of landowner; neglect of duty; obligation of county board; cost; assessment and collection.

39-1811.
Weeds; mowing; duty of landowner; neglect of duty; obligation of county board; cost; assessment and collection.
(1) It shall be the duty of the landowners in this state to mow all weeds that can be mowed with the ordinary farm mower to the middle of all public roads and drainage ditches running along their lands at least twice each year, namely, sometime in July for the first time and sometime in September for the second time.
(2) This section shall not restrict landowners, a county, or a township from management of (a) roadside vegetation on road shoulders or of sight distances at intersections and entrances at any time of the year or (b) snow control mowing as may be necessary.
(3) Except as provided in subsection (2) of this section, no person employed by or under contract with a county or township to mow roadside ditches shall do such mowing before July 1 of any year.
(4) Whenever a landowner, referred to in subsections (1) and (5) of this section, neglects to mow the weeds as provided in this section, it shall be the duty of the county board on complaint of any resident of the county to cause the weeds to be mowed or otherwise destroyed on neglected portions of roads or ditches complained of.
(5) The county board shall cause to be ascertained and recorded an accurate account of the cost of mowing or destroying such weeds, as referred to in subsections (1) and (4) of this section, in such places, specifying, in such statement or account of costs, the description of the land abutting upon each side of the highway where such weeds were mowed or destroyed, and, if known, the name of the owner of such abutting land. The board shall file such statement with the county clerk, together with a description of the lands abutting on each side of the road where such expenses were incurred, and the county board, at the time of the annual tax levy made upon lands and property of the county, may, if it desires, assess such cost upon such abutting land, giving such landowner due notice of such proposed assessment and reasonable opportunity to be heard concerning the proposed assessment before the same is finally made.
Source
Laws 1957, c. 155, art. V, § 11, p. 555;
Laws 2017, LB584, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1812 - Hedges and trees; trimming; duties of landowners.

39-1812.
Hedges and trees; trimming; duties of landowners.
Each landowner in this state upon whose land there is standing or growing any osage orange, willow or locust hedge fence, trees, or undergrowth, bordering the public roads, when such fence, trees, or undergrowth become a public nuisance to travel on the roads, or obstruct the view at or near railroad crossings, crossroads or abrupt turns in the road, shall keep the same trimmed not less than once a year by cutting back to within four feet of the ground, excepting trees, which shall be trimmed from the ground up eight feet, and the trimmings so cut shall be burned or removed from the road right-of-way within ten days after each cutting.
Source
Laws 1957, c. 155, art. V, § 12, p. 555.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1813 - Hedges and trees; failure of landowner to trim; procedure; notice; hearing; order.

39-1813.
Hedges and trees; failure of landowner to trim; procedure; notice; hearing; order.
Whenever any landowner or his agent shall neglect to trim such hedge fence, trees, or undergrowth as provided in section 39-1812, it shall be the duty of the person in charge of county road maintenance in the area in which such hedge fence, trees, or undergrowth is located, to report the same in writing simultaneously to the county attorney and to the county board, giving the location of the hedge fence, trees, or undergrowth and declaring the same to be a public nuisance. The county attorney shall, upon receipt of such written notice, immediately serve written notice upon the owner of the hedge fence, trees, or undergrowth, or upon his agent, to have such hedge fence, trees, or undergrowth, trimmed and the trimmings burned or removed within ten days. Upon failure of the landowner or his agent to comply with the notice of the county attorney within ten days, the county attorney shall give notice in writing to the landowner or his agent, fixing a date for a hearing before the county board on the complaint previously entered, that the landowner or his agent is maintaining a public nuisance by failing to trim said hedge fence, trees, or undergrowth in accordance with the provisions of section 39-1812. The notice shall fix a time not earlier than the next regular meeting of the county board, and in any event not less than five days after the date of the notice, when the owner or agent may appear before the county board and a hearing shall be had upon the matter. The county attorney shall appear at the hearing on behalf of the county for the abatement of the alleged public nuisance maintained by the owner or agent of the land upon which the hedge fence, trees, or undergrowth may be found. If at the hearing it shall appear that the hedge fence, trees, or undergrowth named in the notice are in a condition contrary to the provisions of section 39-1812, the county board shall forthwith and at once declare such hedge fence, trees, or undergrowth a public nuisance, and make an immediate order for the trimming of the same in accordance with the provisions of section 39-1812. If the owner or agent shall neglect or fail to comply with the order within thirty days after receipt of such written notice, the county board shall cause the same to be done. The cost shall be paid from the general fund and a statement of such cost shall be recorded by the county board with the county clerk, giving a proper description of the lands whereon such hedge fence, trees, or undergrowth was trimmed, and the county clerk shall include such costs in making the county tax lists as an assessment and charge against such lands, which charge shall be a lien upon said lands and be collected the same as all other taxes regularly levied. Nothing in sections 39-1812 and 39-1813 shall be deemed to abridge the right of appeal from the finding of the county board to the district court.
Source
Laws 1957, c. 155, art. V, § 13, p. 556.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1814 - Road over private property; when authorized; fences; auto gates.

39-1814.
Road over private property; when authorized; fences; auto gates.
Where it is apparent to the county board that a county or township road causes or would cause unnecessary burdens upon the county or township or upon the landowners adjoining such road, the county board may provide that such road may be fenced by such landowners;
Provided,
the safety and welfare of the traveling public are not substantially affected thereby;
provided further,
that the county board may install and maintain auto gates through such fences where the road crosses the fences;
and provided further,
that auto gates shall be not less than eighteen feet in length when located upon an established graded road.
Source
Laws 1957, c. 155, art. V, § 14, p. 557;
Laws 1963, c. 238, § 1, p. 729.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1815 - Road over private property; leaving gates open; penalty.

39-1815.
Road over private property; leaving gates open; penalty.
It shall be unlawful for any person traveling upon a road provided for in section 39-1814 to leave the gates open when he shall have passed through the same. Any person who violates the provisions of this section shall be guilty of a Class III misdemeanor.
Source
Laws 1957, c. 155, art. V, § 15, p. 557;
Laws 1977, LB 40, § 218.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1816 - Parking motor vehicles on right-of-way; county board; power to prohibit or restrict; violation; penalty.

39-1816.
Parking motor vehicles on right-of-way; county board; power to prohibit or restrict; violation; penalty.
In order to promote safety, power is conferred upon the county board of any county to prohibit or restrict the parking of motor vehicles on the right-of-way of county highways outside the corporate limits of any city or village and to erect and maintain appropriate signs thereon giving notice of no parking or restricted parking.
Any person, firm, association, partnership, limited liability company, or corporation which parks a motor vehicle in the right-of-way of a county highway where no parking or restricted parking signs have been erected or maintained, in violation of such signs, shall be guilty of a Class V misdemeanor. Whenever any peace officer finds a vehicle parked in violation of this section, he or she may move such vehicle at the expense of the registered owner or request the driver or person in charge of such vehicle to move such vehicle.
If any motor vehicle is found upon the right-of-way of any county highway in violation of this section and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be prima facie responsible for such violation.
Source
Laws 1963, c. 216, § 1, p. 688;
Laws 1977, LB 40, § 219;
Laws 1993, LB 121, § 213.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-1817 - Roads; water impoundment structure; when permitted; liability.

39-1817.
Roads; water impoundment structure; when permitted; liability.
The county board of any county may, in accordance with sections 39-1817 to 39-1820, enter into an agreement with any agency or political subdivision of the state approving the construction of a water impoundment structure which, when completed, may result in the occasional and temporary storage or flowage of floodwaters upon, across, or adjacent to any road classified as a local road or remote residential road. Any such agreement may include such terms regarding the maintenance of such road or other matters incident to the construction and operation of such water impoundment structure as the parties to the agreement determine to be mutually acceptable. Conformance with sections 39-1817 to 39-1820 shall relieve the county board and all other parties to any such agreement of any liability for personal injury or property damage suffered by any person while utilizing any such road for travel during a period of inundation.
Source
Laws 1979, LB 265, § 1;
Laws 1988, LB 903, § 1;
Laws 2008, LB1068, § 2.