reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.07 - Sewerage systems and sewage disposal plants; revenue bonds; ordinance; general obligation bonds; election; amount.

14-365.07.
Sewerage systems and sewage disposal plants; revenue bonds; ordinance; general obligation bonds; election; amount.
(1) Revenue bonds authorized by section 14-365.02 may be issued by ordinance duly passed by the mayor and city council of any city of the metropolitan class without any other authority.
(2) General obligation bonds authorized by section 14-365.06 may be issued only (a) after the question of their issuance has been submitted to the electors of the city of the metropolitan class at a general or special election, of which three weeks' notice has been published in a legal newspaper in or of general circulation in such city, and (b) if a majority of the electors voting at the election have voted in favor of the issuance of the bonds. Publication of such notice in such newspaper once each week during three consecutive weeks prior to the date of such election shall constitute compliance with the requirements of this section for notice of such election. General obligation bonds shall not be issued in excess of one and eight-tenths percent of the taxable value of all the taxable property in the city or in excess of the amount authorized by sections 14-365.12 and 14-365.13.
Source
Laws 1953, c. 24, § 7, p. 101;
Laws 1971, LB 534, § 9;
Laws 1979, LB 187, § 30;
Laws 1980, LB 599, § 4;
Laws 1992, LB 719A, § 35;
Laws 2022, LB800, § 73.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.08 - Sewerage systems and sewage disposal plants; minutes; plans; contracts; bids.

14-365.08.
Sewerage systems and sewage disposal plants; minutes; plans; contracts; bids.
Whenever the city council of a city of the metropolitan class shall have ordered the installation of a sewerage system, including any storm sewer system, and sewage disposal plant or the improvement or extension of an existing system, the fact that such order was issued shall be recited in the official minutes of the city council. The city council shall require that plans and specifications be prepared of such sewerage system, including any storm sewer system, and sewage disposal plant, or such improvement or extension. Upon approval of such plans, the city council shall advertise for sealed bids for the construction of such improvements once a week three consecutive weeks in a legal newspaper published in or of general circulation within the city. The contract for such construction shall be awarded to the lowest responsible bidder.
Source
Laws 1953, c. 24, § 8, p. 102;
Laws 2022, LB800, § 74.
Annotations
Requirements for competitive bidding are strictly construed against public authorities, but where a process or article is patented, public authorities may specify its use without competitive bidding if it possesses such exceptional superiority that it would be a public injury not to use it. Cosentino v. City of Omaha, 186 Neb. 407, 183 N.W.2d 475 (1971).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.09 - Sewerage systems and sewage disposal plants; service beyond corporate limits.

14-365.09.
Sewerage systems and sewage disposal plants; service beyond corporate limits.
The owner of any sewerage system, including any storm sewer system, or sewage disposal plant provided for in sections 14-365.01 to 14-365.08, or any city of the metropolitan class, is authorized to extend such sewerage system beyond the corporate limits of the city, under the same conditions, as nearly as may be, as within such corporate limits, and to charge to users of its services reasonable and fair rates consistent with those charged or which might be charged within such corporate limits and consistent with the expense of extending and maintaining such sewerage system outside such corporate limits at a fair return to the owner of such sewerage system. The mayor and city council shall have the authority to enter into contracts with users of such sewerage system, including any storm sewer system, except that no such contract shall call for furnishing of such service for a period in excess of ten years.
Source
Laws 1953, c. 24, § 9, p. 102;
Laws 2022, LB800, § 75.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.10 - Sewerage systems and sewage disposal plants; rental or use charges; collection; lien; proceeds; disposition.

14-365.10.
Sewerage systems and sewage disposal plants; rental or use charges; collection; lien; proceeds; disposition.
The mayor and city council of any city of the metropolitan class, in addition to other sources of revenue available to the city, may by ordinance set up appropriate rental or use charges to be collected from users of its sewerage system and provide methods of collection of such charges, except that users shall include in part any users outside of such city where the sewer is directly or indirectly connected to the sewerage system of such city and users within any sanitary and improvement district now existing or hereafter organized under the laws of this state when the sewerage system, or any part thereof, of the sanitary and improvement district directly or indirectly connects to any part of the sewerage system of the city. Such charges shall be charged to each property served by the sewerage system, shall be a lien upon the property served, and may be collected either from the owner or the person, firm, or corporation using the service. All money raised from such charges shall be used for maintenance or operation of the existing sewerage system, for payment of principal and interest on bonds issued, as is provided for in section 14-365.06, or to create a reserve fund for the payment of future maintenance, operation, or construction of a new sewerage system for or additions to the sewerage system of the city. Any funds raised from such charges shall be placed in a separate fund and not be used for any other purpose or diverted to any other fund.
Source
Laws 1953, c. 24, § 10, p. 103;
Laws 1959, c. 32, § 5, p. 188;
Laws 1965, c. 38, § 2, p. 231;
Laws 2022, LB800, § 76.
Annotations
Imposition of sewer use fee pursuant to contract between city and district was authorized. Metropolitan Utilities Dist. v. City of Omaha, 171 Neb. 609, 107 N.W.2d 397 (1961).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.11 - Sewerage systems and sewage disposal plants; terms, defined; powers construed.

14-365.11.
Sewerage systems and sewage disposal plants; terms, defined; powers construed.
The terms sewage system, sewerage system, including storm sewer system, and disposal plant or plants, as used in sections 14-365.01 to 14-365.13 mean and include any system or works above or below ground which has for its purpose any or all of the following: The removal, discharge, conduction, carrying, treatment, purification, or disposal of the liquid and solid waste of a city of the metropolitan class, surface waters, and storm waters. The powers conferred by sections 14-365.01 to 14-365.13 may also be employed in connection with sewage and sewer projects which do not include the erection or enlargement of a sewage disposal plant.
Source
Laws 1953, c. 24, § 11, p. 103;
Laws 2022, LB800, § 77.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.12 - Sewerage systems and sewage disposal plants; tax levy; general obligation bonds; limitation.

14-365.12.
Sewerage systems and sewage disposal plants; tax levy; general obligation bonds; limitation.
If any tax is levied or general obligation bonds are issued by a city of the metropolitan class as authorized under sections 18-501 to 18-511, the amount of such tax that may be levied by the provisions of section 14-365.01, or the amount of general obligation bonds that may be issued by the provisions of section 14-365.07 by such city must be reduced by the amount of the tax levied or bonds issued as authorized under sections 18-501 to 18-511.
Source
Laws 1953, c. 24, § 12, p. 104;
Laws 2022, LB800, § 78.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.13 - Sewerage systems and sewage disposal plants; sections; cumulative.

14-365.13.
Sewerage systems and sewage disposal plants; sections; cumulative.
The provisions of sections 14-365.01 to 14-365.13 shall be independent of and in addition to any other provisions of the laws of the State of Nebraska with reference to sewage disposal plants and sewerage systems, including any storm sewer system, in cities of the metropolitan class. The provisions of sections 14-365.01 to 14-365.13 shall not be considered amendatory of or limited by any other provision of the laws of the State of Nebraska, except as provided in section 14-365.12.
Source
Laws 1953, c. 24, § 13, p. 104;
Laws 2022, LB800, § 79.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-367 - Property; acquisition by eminent domain; procedure.

14-367.
Property; acquisition by eminent domain; procedure.
Whenever property is purchased for any of the purposes stated in section 14-366 the purchase of such property shall be made by ordinance. Whenever it becomes necessary to appropriate property for the purposes stated in section 14-366 the purpose and necessity for such appropriation shall be declared by ordinance. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1921, c. 116, art. III, § 57, p. 457;
C.S.1922, § 3610;
C.S.1929, § 14-358;
R.S.1943, § 14-367;
Laws 1951, c. 101, § 35, p. 461;
Laws 2022, LB800, § 81.
Annotations
Amendment to this section providing condemnation procedure be in manner of cited sections repealed by implication succeeding sections. Connor v. City of Omaha, 185 Neb. 146, 174 N.W.2d 205 (1970).
Where city purchases or condemns property for parks or playgrounds, appraisers must be appointed and their award reported to the city council. Ash v. City of Omaha, 152 Neb. 393, 41 N.W.2d 386 (1950).
Appraisal of property is required when acquired for park purposes. Reid v. City of Omaha, 150 Neb. 286, 34 N.W.2d 375 (1948).
Although board of appraisers does not constitute a court, it exercises functions judicial in their nature. In re Appraisement of Omaha Gas Plant, 102 Neb. 782, 169 N.W. 725 (1918).
Award of damages by appraisers, unless appealed from, is conclusive, and city having lien for special assessment and failing to have same established, cannot, after expiration of time for appeal, offset amount of same against warrants issued to property for damages. State ex rel. Katelman v. Fink, 84 Neb. 185, 120 N.W. 938 (1909).
Special tax for opening street cannot be levied until report of appraisement of damages has been confirmed by council. Merrill v. Shields, 57 Neb. 78, 77 N.W. 368 (1898).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-372 - Utilities; acquisition by eminent domain; funds; title.

14-372.
Utilities; acquisition by eminent domain; funds; title.
Whenever property is acquired for the purpose of constructing or enlarging waterworks, gas plants, or other municipal utility purposes or enterprises authorized under section 14-366, such property shall be paid for from such funds as may be provided for any such purposes. The title to such property shall be held by the city after condemnation proceedings have been completed and the amount awarded has been paid by the city.
Source
Laws 1921, c. 116, art. III, § 57, p. 460;
C.S.1922, § 3610;
C.S.1929, § 14-358;
R.S.1943, § 14-372;
Laws 1951, c. 101, § 36, p. 462;
Laws 2022, LB800, § 82.
Annotations
Owner whose land is condemned is not required to look to the fund sought to be raised by special assessment for payment of his damages. City of Omaha v. State ex rel. Metzger, 69 Neb. 29, 94 N.W. 979 (1903).
Judgment against city for value of land vests title to land in city. City of Omaha v. Redick, 61 Neb. 163, 85 N.W. 46 (1901).
Right of landowner to condemnation money accrues immediately upon termination of condemnation proceedings and taking possession of land by city. Spalding v. City of Omaha, 4 Neb. Unof. 447, 94 N.W. 714 (1903).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-373 - City plan; planning board; scope; lands outside corporate limits.

14-373.
City plan; planning board; scope; lands outside corporate limits.
Each city of the metropolitan class is authorized and required to prepare a plan for the future physical development and growth of the city. Such plan shall be prepared and shall be carried out by an appropriate city board or official. The plan may include such lands outside the corporate limits of the city as may bear a relation to the development of the city. A planning board may be given such other powers and duties by statute or charter as may be appropriate. On or after January 1, 1998, the planning board shall have one member qualified and appointed as provided in section 14-373.02.
Source
Laws 1921, c. 116, art. III, § 57a, p. 460;
C.S.1922, § 3611;
C.S.1929, § 14-359;
R.S.1943, § 14-373;
Laws 1959, c. 34, § 1, p. 191;
Laws 1996, LB 575, § 1;
Laws 2022, LB800, § 83.
Cross References
Duties of city planning board, see section 14-407.
Annotations
Provisions of this section do not apply where a city of the metropolitan class seeks to adopt an ordinance annexing lands adjacent to the city's boundaries. S.I.D. No. 95 v. City of Omaha, 221 Neb. 272, 376 N.W.2d 767 (1985).
Efficacy of city plan depends on its being adopted by the city council. Van Patten v. City of Omaha, 167 Neb. 741, 94 N.W.2d 664 (1959).
City planning commission has power to carry out and maintain city plan after its adoption by city council. Ash v. City of Omaha, 152 Neb. 393, 41 N.W.2d 386 (1950); Reid v. City of Omaha, 150 Neb. 286, 34 N.W.2d 375 (1948).
Zoning ordinance, drafted in general terms and providing reasonable margin to secure effective enforcement, is within police power of state and constitutional. Pettis v. Alpha Alpha Chapter of Phi Beta Pi, 115 Neb. 525, 213 N.W. 835 (1927).
Metropolitan city is not permitted to impose unreasonable regulations upon the owners of property with respect to the area sought to be covered by a proposed building. State ex rel. Westminster Presbyterian Church v. Edgecomb, 108 Neb. 859, 189 N.W. 617 (1922), 27 A.L.R. 437 (1922).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-373.01 - Planning board; legislative findings.

14-373.01.
Planning board; legislative findings.
The Legislature finds that:
(1) The exercise of zoning, planning, and other concomitant powers by a city of the metropolitan class in the area of extraterritorial zoning jurisdiction described and authorized by state law necessarily affects property outside the corporate boundaries of the city and persons who are not inhabitants of or electors in the city;
(2) The protection of unrepresented persons and property affected by a statutorily created zoning and planning process is a matter of state concern; and
(3) The protection of such unrepresented persons and property would be facilitated by requiring that at least one person residing in the area of extraterritorial zoning jurisdiction and appointed by an elected body of the area of extraterritorial zoning jurisdiction serve as a member of the planning board of the city of the metropolitan class if such planning board exists.
Source
Laws 1996, LB 575, § 2;
Laws 2022, LB800, § 84.
Cross References
Planning board, organized, see section 14-407.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-373.02 - Planning board; extraterritorial member; vacancy; how filled; procedure.

14-373.02.
Planning board; extraterritorial member; vacancy; how filled; procedure.
(1) Notwithstanding any provision of a home rule charter to the contrary, the next vacancy that occurs on a city planning board on or after January 1, 1998, shall be filled by the appointment of a person who resides in the area of extraterritorial zoning jurisdiction as provided in subsection (2) of this section. At all times following the initial appointment of a planning board member who resides in the area of extraterritorial zoning jurisdiction, one member of the planning board shall be so qualified and appointed.
(2) The city clerk shall formally notify the county clerk of the existence of the next vacant position that occurs on the planning board on or after January 1, 1998, within ten days after the date of the vacancy. The county board, within thirty days after such notice, shall hold a meeting to consider nominations for appointment to the vacancy and shall appoint a person qualified under subsection (1) of this section to fill the vacancy. Prior to holding such meeting, the county board shall cause to be published a notice of the vacancy and the date of the meeting. The notice shall be published in a legal newspaper in or of general circulation in the county in which such planning board is located at least once in each of the two weeks immediately preceding the week of the meeting. A nominee for the vacancy shall be appointed by majority vote of the county board. The appointee shall become a member of the planning board when the city clerk receives certification from the county clerk of the name of the appointee.
(3) Following the initial appointment of the extraterritorial member to the planning board pursuant to this section, the city clerk shall inform the county clerk of any vacancy occurring in the extraterritorial member's position within ten days after its occurrence or at least thirty days prior to the expiration of the extraterritorial member's term.
(4) Any person qualified and appointed under this section shall serve for terms equal to that of the planning board members who reside within the corporate boundaries of the city and shall become a member of the planning board with all rights, duties, responsibilities, and privileges relating to the position by state law, home rule charter, or city ordinance.
(5) For purposes of this section:
(a) Area of extraterritorial zoning jurisdiction means the unincorporated area three miles beyond and adjacent to the corporate boundaries of a city of the metropolitan class;
(b) City means a city of the metropolitan class;
(c) County board means the county board of a county in which a city of the metropolitan class is located;
(d) County clerk means the county clerk of a county in which a city of the metropolitan class is located; and
(e) Planning board means a planning board as organized pursuant to section 14-407.
Source
Laws 1996, LB 575, § 3;
Laws 2022, LB800, § 85.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-374 - City plan; acquisition and disposition of property; public purposes.

14-374.
City plan; acquisition and disposition of property; public purposes.
Each city of the metropolitan class shall have the power to acquire by gift, purchase, condemnation, or bequest, such real estate within the corporate limits and within the extraterritorial zoning jurisdiction of the city as may be necessary for any public use and may later convey, lease, sell, or otherwise dispose of any real estate so acquired and not necessary for present use or future development upon such terms as the city may deem appropriate. In addition to any other public uses, the following are declared to be for a public purpose and for the public health and welfare: Establishing, laying out, widening, and enlarging waterways, streets, bridges, boulevards, parkways, parks, playgrounds, sites for public buildings, and property for administrative, institutional, educational, and all other public uses, and for reservations in, about, along, or leading to any or all of such facilities. The powers provided in this section shall be in addition to and not in restriction of any other powers held by cities of the metropolitan class.
Source
Laws 1921, c. 116, art. III, § 57b, p. 461;
C.S.1922, § 3612;
C.S.1929, § 14-360;
R.S.1943, § 14-374;
Laws 1959, c. 34, § 2, p. 191;
Laws 2022, LB800, § 86.
Annotations
A city has the power of eminent domain to acquire real estate for a public use and to later sell portions thereof no longer needed by it. Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979).
A request for injunction is a proper form in which to present the question of unlawful or improper exercise of the power of eminent domain, because the attempt to deprive a private citizen of an estate in his property, if successful, makes the resulting damage irreparable and legal remedies inadequate. Monarch Chemical Works, Inc. v. City of Omaha, 203 Neb. 33, 277 N.W.2d 423 (1979).
Cities of the metropolitan class are empowered to acquire real estate by gift. Bowley v. City of Omaha, 181 Neb. 515, 149 N.W.2d 417 (1967).
This section has application only to those condemnations within a city plan approved by the city council. Van Patten v. City of Omaha, 167 Neb. 741, 94 N.W.2d 664 (1959).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-375 - City planning board; vacation of streets or alleys; procedure; appointment of committees; effect; appeal.

14-375.
City planning board; vacation of streets or alleys; procedure; appointment of committees; effect; appeal.
Upon the recommendation of the city planning board, the city council of a city of the metropolitan class may, by ordinance or resolution, vacate any street or alley within such city without any petition being filed for such vacation. Before any such street or alley shall be vacated, the city council shall appoint a committee of at least three city council members, who shall faithfully and impartially and after reasonable notice to the owners and parties interested in property affected by such vacation, assess the damages, if any, to such owners and affected parties. The committee shall take into consideration the amount of special benefits, if any, arising from such vacation and shall file their report in writing with the city clerk. Any owner or party interested in property affected by such vacation, who shall file a written protest with such committee, may appeal from the adoption by the city council of such appraisers' report in the manner provided in section 14-813, but such appeal shall not stay the passage of the ordinance or resolution vacating such street or alley. The award of appraisers shall be final and conclusive as the order of a court of general jurisdiction, unless appealed from. When the city vacates a street or alley, the city shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating ordinance or 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 1921, c. 116, art. III, § 57c, p. 461;
C.S.1922, § 3613;
C.S.1929, § 14-361;
R.S.1943, § 14-375;
Laws 1959, c. 35, § 1, p. 192;
Laws 1961, c. 30, § 3, p. 147;
Laws 2001, LB 483, § 1;
Laws 2022, LB800, § 87.
Annotations
This section authorizes the mayor and city council to vacate a street under whatever restrictions and regulations might be provided by law and makes no provision for reversion of the fee title to abutting property owners. Valasek v. Bernardy, 242 Neb. 398, 495 N.W.2d 275 (1993).
Right of appeal is preserved. Hanson v. City of Omaha, 157 Neb. 768, 61 N.W.2d 556 (1953).
Vacation of street was not an exercise of power of eminent domain. Hanson v. City of Omaha, 157 Neb. 403, 59 N.W.2d 622 (1953).
Before street may be vacated under this section, committee must be appointed to assess damages. Hanson v. City of Omaha, 154 Neb. 72, 46 N.W.2d 896 (1951).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-376 - Public utilities; acquisition by eminent domain; procedure.

14-376.
Public utilities; acquisition by eminent domain; procedure.
Whenever the qualified electors of any city of the metropolitan class vote at any general or special election to acquire and appropriate by an exercise of the power of eminent domain, any waterworks, waterworks system, gas plant, electric light plant, electric light and power plant, street railway, or street railway system, located or operating within or partly within and partly without such city if the main part of such works, plant, or system be within such city and even though a franchise for the construction and operation of such works, plant, or system may or may not have expired, then the city shall have the power and authority by an exercise of the power of eminent domain to appropriate and acquire for the public use of the city, such works, plant, or system. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. The city council shall have the power to submit such question or proposition to the qualified electors of the city at any general city election or at any special city election and may submit such proposition in connection with any city special election called for any other purpose, and the votes cast on such question shall be canvassed and the result found and declared as in any other city election. The city council shall submit such question at any such election whenever a petition asking for such submission is signed by the legal voters of the city equaling in number fifteen percent of the votes cast at the last general city election, and is filed in the city clerk's office at least fifteen days before the election at which the submission is asked.
Source
Laws 1921, c. 116, art. III, § 58, p. 462;
C.S.1922, § 3614;
C.S.1929, § 14-362;
R.S.1943, § 14-376;
Laws 1951, c. 101, § 37, p. 462;
Laws 2022, LB800, § 88.
Annotations
Act, of which this section was part, sustained as constitutional against contention that appointment by Supreme Court of board of appraisers violated constitutional provisions as to separation of powers of government. In re Appraisement of Omaha Gas Plant, 102 Neb. 782, 169 N.W. 725 (1918).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-383 - Parks, recreational areas, and playgrounds; special levy; improvement district; creation; election.

14-383.
Parks, recreational areas, and playgrounds; special levy; improvement district; creation; election.
Without limiting the applicability of sections 14-366 to 14-372, the city council of a city of the metropolitan class is authorized to levy special taxes and assessments on properties benefited by parks, recreational areas, and playgrounds acquired either by purchase or condemnation without regard to whether the benefited property is within or without the corporate limits of the city when an improvement district is created by the city council and approved by a majority of the property owners in the district as provided in this section. Each property owner may cast one vote at an election to be held to determine whether such improvement district shall be created for each fifteen thousand dollars of taxable valuation, or fraction of such valuation, of real property and improvements in the proposed district as determined by the official records of the county assessor for the previous calendar year. When such a district is created by the city council and approved by a majority of the property owners, the special taxes shall be levied proportionately to the taxable valuation of the district. Notice of the election shall be given and the election shall be held in the same manner as other special elections are held in such a city.
Source
Laws 1955, c. 21, § 3, p. 100;
Laws 1979, LB 187, § 31;
Laws 1992, LB 719A, § 36;
Laws 2022, LB800, § 89.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-384 - Terms, defined.

14-384.
Terms, defined.
As used in sections 14-384 to 14-3,127, unless the context otherwise requires:
(1) Alley means an established public way for vehicles and pedestrians affording a secondary means of access in the rear to properties abutting on a street or highway;
(2) Boulevard means a street for noncommercial traffic with full or partial control of access, usually located within a park or a ribbon of park-like development;
(3) City means a city of the metropolitan class;
(4) Connecting link means the roads, streets, and highways designated as part of the State Highway System and which are within the corporate limits of a city of the metropolitan class;
(5) Controlled-access facility means a highway or street especially designed for through traffic, and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts on such controlled-access facility or for any other reason;
(6) Highway means a road or street including the entire area within the right-of-way which has been designated a part of the State Highway System by appropriate authority;
(7) Main thoroughfare means a street primarily for through travel having been determined as such by the city and contained as such in the master plan of the city;
(8) Major traffic street means a street primarily for through traffic and contained as such in the master plan of the city;
(9) Street means a public way for the purpose of vehicular and pedestrian travel in the city and shall include the entire area within the right-of-way; and
(10) Temporary surfacing means surfacing applied to any street, connecting link, controlled-access facility, main thoroughfare, highway, or boulevard wherein it is planned by the city that the grade or surfacing of any such street, link, facility, thoroughfare, highway, or boulevard shall be changed within two years from the date of completion of such temporary surfacing and a permanent grade established or surfacing applied.
Source
Laws 1959, c. 36, § 1, p. 195;
Laws 2022, LB800, § 90.
Cross References
State highway system, see Chapter 39, article 13.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-385 - Streets; improvements; improvement districts; authorized.

14-385.
Streets; improvements; improvement districts; authorized.
(1) Subject to sections 14-384 to 14-3,127, any city shall have the power and is authorized to:
(a) Pave, repave, surface, resurface, and relay paving;
(b) Widen, improve the horizontal and vertical alignment, insert traffic medians, channels, overpasses, and underpasses;
(c) Apply temporary surfacing;
(d) Curb;
(e) Gutter as provided in sections 14-386 to 14-388;
(f) Improve in combinations as authorized in section 14-391;
(g) Recurb and regutter streets, boulevards, alleys, public grounds and parts of such streets, boulevards, alleys, or grounds;
(h) Regulate, restrict, eliminate, or prohibit access to, and vehicular travel upon, any existing or subsequently acquired street or other public way;
(i) Construct malls on such street or public way, and landscape, beautify, and enhance such street or other public way in any manner the city council may deem proper; and
(j) Create separate or combined street and sidewalk, street, or sidewalk improvement districts.
(2) The city shall not be required to make any of the improvements authorized in this section if for good reason the city deems such improvements should not be made even though such improvements were petitioned for as provided in section 14-390.
Source
Laws 1959, c. 36, § 2, p. 196;
Laws 1961, c. 30, § 4, p. 148;
Laws 1969, c. 60, § 1, p. 365;
Laws 2022, LB800, § 91.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-386 - Streets; improvement districts; delineation.

14-386.
Streets; improvement districts; delineation.
To accomplish any of the purposes stated in section 14-385, a city is authorized in all such proceedings to delineate proposed street improvement districts, proposed mall improvement districts, proposed separate or combined street and sidewalk, street, sidewalk, or streets and sidewalks improvement districts which shall embrace in such districts the street or streets, sidewalk or sidewalks, street or sidewalk, or streets and sidewalks, or part or parts thereof, to be improved as well as the abutting, adjacent, and benefited property proposed to be assessed to cover in whole or in part the cost, including land acquisition expenses if any, of the proposed improvement.
Source
Laws 1959, c. 36, § 3, p. 196;
Laws 1969, c. 60, § 2, p. 366;
Laws 2022, LB800, § 92.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-387 - Streets; improvements without petition.

14-387.
Streets; improvements without petition.
A city is authorized without petition to order any of the improvements specified in section 14-385 within street improvement districts, mall improvement districts, separate or combined street and sidewalk, or street, or sidewalk, or streets and sidewalks improvement districts within the corporate limits of the city or when the improvement is on a controlled-access facility or a major traffic street contained in the approved master plan of the city, and on sidestreets connecting with such major traffic streets for a distance not to exceed one block from such major traffic street.
Source
Laws 1959, c. 36, § 4, p. 197;
Laws 1969, c. 60, § 3, p. 366;
Laws 2022, LB800, § 93.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-388 - Streets; main thoroughfares; major traffic streets; improvement districts; area included; cost.

14-388.
Streets; main thoroughfares; major traffic streets; improvement districts; area included; cost.
Any city may without petition order any main thoroughfare or major traffic street or part of such thoroughfare or street improved in any manner specified in section 14-385 after the city shall determine it to be such a main thoroughfare or major traffic street, which determination shall be conclusive. Such main thoroughfares or major traffic streets shall include all connecting links as well as county highways leading into the city, and may include part or all of any street which lies partly in the city and partly in the abutting county. The city may create improvement districts for such purposes, including the abutting, adjacent, or benefited property. The costs of such improvements to the extent of special benefits conferred by the improvement may be assessed in whole or in part against the property in such districts and the assessments supplemented either by federal or state aid or both or by other city funds, including permanent improvement funds, all other street resurfacing funds, or highway bond funds.
Source
Laws 1959, c. 36, § 5, p. 197;
Laws 1963, c. 44, § 1, p. 219;
Laws 2022, LB800, § 94.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-389 - Streets; controlled-access facilities; property; powers; terms and conditions; frontage roads; access.

14-389.
Streets; controlled-access facilities; property; powers; terms and conditions; frontage roads; access.
(1) Any city shall have the power to designate and establish controlled-access facilities, and may design, construct, maintain, improve, alter, and vacate such facilities and may by ordinance regulate, restrict, or prohibit access to such facilities so as best to serve the traffic for which such facilities are intended. The city may provide for the elimination of intersections at grade with existing roads, streets, highways, or alleys if it finds the public interest shall be served by such elimination. An existing road, street, alley, or other traffic facility may be included within such facilities or such facilities may include new or additional roads, streets, or highways.
(2) In order to carry out the purposes of this section, in addition to any other powers the city may have, the city may acquire in public or private property such rights of access as are deemed necessary, including, but not necessarily limited to, air, light, view, ingress, and egress. Such acquisitions may be by gift, devise, purchase, agreement, adverse possession, prescription, condemnation, or otherwise as provided by law and may be in fee simple absolute or in any lesser estate or interest. The city may make provision to mitigate damages caused by such acquisitions, terms, and conditions regarding the abandonment or reverter of such acquisitions, and any other provisions or conditions that are desirable for the needs of the city and the general welfare of the public.
(3) The city is further authorized to designate, establish, design and construct, maintain, vacate, alter, improve, and regulate frontage roads within the boundaries of any present or subsequently acquired right-of-way and exercise the same powers over such frontage roads as is exercised over controlled-access facilities. Such frontage roads may be connected to or separated from the controlled-access facilities at such places as the city shall determine to be consistent with public safety. Upon the construction of any frontage road, any right of access between the controlled-access facility and property abutting or adjacent to such frontage roads shall terminate and ingress and egress shall be provided to the frontage road at such places as will afford reasonable and safe connections.
(4) If the construction or reconstruction of any controlled-access facility results in the abutment of property on such facility that did not previously have direct egress from or ingress to such facility, no rights of direct access shall accrue because of such abutment, but the city may prescribe and define the location of the privilege of access, if any, of properties that then, but did not previously, abut on such facility.
Source
Laws 1959, c. 36, § 6, p. 197;
Laws 2022, LB800, § 95.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-390 - Streets; improvements; petition of property owners.

14-390.
Streets; improvements; petition of property owners.
Except as otherwise specifically provided in sections 14-384 to 14-3,127, any city shall not order or cause to be made any of the improvements provided in such sections in any improvement district except upon a petition of the record owners of the majority of the frontage of taxable property in the district abutting upon the streets or parts of streets proposed to be improved.
Source
Laws 1959, c. 36, § 7, p. 198;
Laws 2022, LB800, § 96.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-391 - Streets; improvements; petition of property owners; improvement districts; create; districts partly within and partly outside city.

14-391.
Streets; improvements; petition of property owners; improvement districts; create; districts partly within and partly outside city.
A city may, upon a petition of the record owners of a majority of the frontage of taxable property upon the streets or parts of streets within a district created for that purpose, order any of the improvements authorized in section 14-385, on any street or any number of consecutive streets which extend in the same general direction, together with parts of streets, alleys, and ways either intersecting or connecting therewith, within reasonable, appropriate, or necessary limits in one proceeding and in one improvement district, by causing such improvements in whole or in part to be paved, repaved, curbed, or recurbed, the grades to be changed or graded, the paving to be resurfaced or relaid, or any combination of such work to be done, including a change of grade and grading or either or both, or construction of malls, either street or sidewalk or streets and sidewalks, on any of the streets or ways within such districts. The city may also include in such districts the replacement or repair of sidewalks. In addition to the creation of districts lying wholly within the corporate limits, the city may create such districts on streets lying partly within the city and partly without the corporate limits.
Source
Laws 1959, c. 36, § 8, p. 199;
Laws 1963, c. 45, § 1, p. 221;
Laws 1969, c. 60, § 4, p. 367;
Laws 2022, LB800, § 97.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-392 - Streets; improvements; assessment of cost.

14-392.
Streets; improvements; assessment of cost.
(1) For the purpose of covering in whole or in part the costs of any of the improvements, authorized in sections 14-384 to 14-3,127, or costs incident to such improvements, including grading done in combination with any other improvements, a city may:
(a) Assess the property within an improvement district or the property benefited by change of grade or grading when not made in combination with other improvements, to the full extent of the special benefits conferred upon the respective lots, tracts, and parcels of land; or
(b) If the city council finds that there are common benefits enjoyed by the public at large without reference to the ownership of property abutting or adjacent to the improvement or improvements, or that there is a common benefit to the property embraced within such district or districts, assess the costs of such improvement or improvements against all the property included in such district or districts.
(2) All such assessments shall be:
(a) Done according to such rules as the city council sitting as a board of equalization shall adopt for the distribution or adjustment of the costs of the improvement or improvements; and
(b) Equalized, levied, and collected as special assessments.
Source
Laws 1959, c. 36, § 9, p. 199;
Laws 1969, c. 60, § 5, p. 367;
Laws 2015, LB361, § 4;
Laws 2022, LB800, § 98.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-393 - Streets; establish or change grade; authorization of city; requirements.

14-393.
Streets; establish or change grade; authorization of city; requirements.
Whenever it is desired to establish or to change the previously established grade of any street, highway, boulevard, main thoroughfare, controlled-access facility, connecting link, major traffic street, alley, or part of such street, highway, boulevard, thoroughfare, facility, link, or alley, such establishment or change may be authorized by a city. Such authorization shall state the proposed grade by elevations or other definite data and shall refer to a plat with specifications fully detailing and showing the established grade or the amount of change in the grade line, which plat shall remain on file in the city offices. The authorization for and the order establishing or changing the previous grade may include the establishment of or the change of the previously established grade on any number of intersecting or connecting streets which may be reasonably appropriate and necessary to a proper adjustment of grade lines to the principal grade line proposed to be changed or to include the change of grade on cross streets so that traffic on such cross streets may pass under the street to the principal grade line to be changed by a subway or over the street to the principal grade line on a bridge, viaduct, or overpass.
Source
Laws 1959, c. 36, § 10, p. 199;
Laws 2022, LB800, § 99.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-394 - Streets; change of grade; petition of property owners; sufficiency.

14-394.
Streets; change of grade; petition of property owners; sufficiency.
A city is authorized to change the grade of any street, highway, boulevard, main thoroughfare, controlled-access facility, connecting link, major traffic street, alley, or part of such street, highway, boulevard, thoroughfare, facility, link, or alley when a petition for a proper and satisfactory change of grade has been signed and filed by the record owners of a majority of the frontage of taxable property abutting upon that part of the street of which the change of grade is proposed. A petition for the order changing the grade may include the change of grade of any number of intersecting or connecting streets which may be reasonably appropriate and necessary to a proper adjustment of grades. In such event the sufficiency of the petition shall be determined by a consideration of the total frontage feet of taxable property upon all the streets or parts of such streets upon which it is proposed to change the grades.
Source
Laws 1959, c. 36, § 11, p. 200;
Laws 2022, LB800, § 100.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-395 - Streets; establish or change grade; authority of city.

14-395.
Streets; establish or change grade; authority of city.
A city may authorize any street, highway, boulevard, main thoroughfare, controlled-access facility, connecting link, major traffic street, alley, or part of such street, highway, boulevard, thoroughfare, facility, link, or alley graded to a grade as established or changed in accordance with section 14-393.
Source
Laws 1959, c. 36, § 12, p. 200;
Laws 2022, LB800, § 101.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-396 - Streets; grade; petition of property owners; order of city.

14-396.
Streets; grade; petition of property owners; order of city.
A city may order any street or alley or part of such street or alley graded to an established grade whenever there is filed an approved petition of the record owners of a majority of the frontage of taxable property upon that part of the street proposed to be graded.
Source
Laws 1959, c. 36, § 13, p. 200;
Laws 2022, LB800, § 102.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-397 - Streets; change of grade; special assessment.

14-397.
Streets; change of grade; special assessment.
In order to cover the entire cost of changing the grade or grading, as provided by sections 14-384 to 14-3,127, of any street, boulevard, highway, main thoroughfare, controlled-access facility, connecting link, major traffic street, alley, or part thereof, including intersections and damages awarded, a city is authorized to levy special assessments to the extent of the special benefits conferred by the improvement on the lots and parcels of land especially benefited by reason of the grading of any street or part thereof whether such property abuts on or is in the vicinity of the street or the part of the street so graded. All such special assessments shall be equalized, levied, and collected in the manner provided by law for the equalization, levying, and collection of special assessments. All grading shall be done to the full width of the street unless for good and sufficient reason the city finds that such grading shall be done to a different width.
Source
Laws 1959, c. 36, § 14, p. 201;
Laws 2022, LB800, § 103.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-398 - Streets; change of grade; special assessment; how determined.

14-398.
Streets; change of grade; special assessment; how determined.
Under the methods provided in sections 14-384 to 14-3,127 to grade streets, highways, boulevards, main thoroughfares, controlled-access facilities, connecting links, major traffic streets, alleys, and parts of such streets, highways, boulevards, thoroughfares, facilities, links, or alleys, any number of intersecting and connecting streets reasonably required and proper and necessary to the better and improved use of the streets may be authorized to be graded in one proceeding. The cost of such grading as provided in sections 14-384 to 14-3,127 may be assessed upon property specially benefited as a special assessment. In such instances, in determining the sufficiency of either an authorized protest or petition, the total frontage of taxable property on all sides on all of the streets to be graded shall be taken into consideration.
Source
Laws 1959, c. 36, § 15, p. 201;
Laws 2015, LB361, § 5;
Laws 2022, LB800, § 104.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-399 - Streets; grade; petition; contents; requirements.

14-399.
Streets; grade; petition; contents; requirements.
All petitions authorized by sections 14-384 to 14-3,127 for changing the grade of streets or grading streets shall contain provisions waiving damages on account of such grading, and such petitions as well as protests authorized shall be signed and executed and filed in the manner required for petitions for street improvements.
Source
Laws 1959, c. 36, § 16, p. 201;
Laws 2022, LB800, § 105.