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569 sections in this chapter.
Neb. Rev. Stat. § 39-101 Terms, defined.
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For purposes of Chapter 39, unless the context otherwise requires: (1) Alley means a highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic; (2) Divided highway means a highway with separated roadw…
Neb. Rev. Stat. § 39-1010 Mailboxes; location; violation; duty of Department of Transportation.
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(1) Except as otherwise provided in this subsection, all mailboxes shall be placed such that no part of the mailbox extends beyond the shoulder line of any highway and the mailbox support shall be placed a minimum of one foot outside the shoulder line of any gravel-surfaced highw…
Neb. Rev. Stat. § 39-1011 Mailboxes; Department of Transportation; turnouts; provide.
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The Department of Transportation shall provide and maintain gravel, crushed-rock, or hard-surface turnouts for delivery of mail to all mailboxes placed on the highway rights-of-way to conform with section 39-1010.
Neb. Rev. Stat. § 39-1012 Mailboxes; violations; penalty.
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Any person who violates the provisions of section 39-1010 shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 39-102 Rules and regulations; promulgated by Department of Transportation to promote public safety.
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In order to promote public safety, to preserve and protect state highways, and to prevent immoderate and destructive use of state highways, the Department of Transportation may formulate, adopt, and promulgate rules and regulations in regard to the use of and travel upon the stat…
Neb. Rev. Stat. § 39-103 Department of Transportation; rules and regulations; violation; penalty.
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Any person who operates a vehicle upon any highway in violation of the rules and regulations of the Department of Transportation governing the use of state highways shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 39-1101 State Highway Commission; creation; members.
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There is hereby created in the Department of Transportation a State Highway Commission which shall consist of eight members to be appointed by the Governor with the consent of a majority of all the members of the Legislature. One member shall at all times be appointed from each o…
Neb. Rev. Stat. § 39-1102 State Highway Commission; districts.
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The designation and limits of the eight districts from which members of the State Highway Commission are to be appointed shall be as follows: (1) District No. 1. The counties of Butler, Saunders, Seward, Saline, Nemaha, Lancaster, Gage, Pawnee, Richardson, Johnson, Jefferson, Oto…
Neb. Rev. Stat. § 39-1103 Members; term of office.
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(1) Within thirty days after September 14, 1953, the Governor shall appoint the initial members of the State Highway Commission who shall hold office for the following periods of time from September 14, 1953: (a) Two members for a period of two years; (b) two members for a period…
Neb. Rev. Stat. § 39-1104 Members; removal; procedure.
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Members of the State Highway Commission may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, but only after delivering to the member a copy of the charges and affording him an opportunity of being publicly heard in person or by counsel in his…
Neb. Rev. Stat. § 39-1105 Members; oath of office.
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Each commissioner and every officer under the State Highway Commission, before entering upon the duties of his office, shall subscribe and take the constitutional oath of office, which shall be filed in the office of the Secretary of State.
Neb. Rev. Stat. § 39-1106 Members; chairperson; per diem; expenses.
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The members of the State Highway Commission shall meet in January of each year and shall elect a chairperson of the commission from their members. Each member of the commission shall be paid the sum of twenty dollars per day while actually engaged in the business of the commissio…
Neb. Rev. Stat. § 39-1107 Secretary of commission; employ.
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The State Highway Commission, subject to the approval of the Governor, shall employ a person who shall act as secretary of the commission.
Neb. Rev. Stat. § 39-1108 State Highway Commission; meetings; quorum; minutes; open to public.
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Regular meetings of the State Highway Commission shall be held upon call of the chairperson, but not less than six times per year. Special meetings may be held upon call of the chairperson or pursuant to a call signed by three other members, of which the chairperson shall have th…
Neb. Rev. Stat. § 39-1110 State Highway Commission; powers and duties.
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(1) It shall be the duty of the State Highway Commission: (a) To conduct studies and investigations and to act in an advisory capacity to the Director-State Engineer in the establishment of broad policies for carrying out the duties and responsibilities of the Department of Trans…
Neb. Rev. Stat. § 39-1111 State Highway Commission; quarterly report; contents; file with Governor; file with Clerk of the Legislature.
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The State Highway Commission shall file with the Governor each quarter a report fully and accurately showing conditions existing in the state with reference to the state's highway building and as to construction and maintenance work. Such reports shall further contain an itemized…
Neb. Rev. Stat. § 39-1301 State highways; declaration of legislative intent.
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(1) Recognizing that safe and efficient highway transportation is a matter of important interest to all of the people in the state, the Legislature hereby determines and declares that an integrated system of highways is essential to the general welfare of the State of Nebraska. (…
Neb. Rev. Stat. § 39-1302 Terms, defined.
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For purposes of sections 39-1301 to 39-1393, unless the context otherwise requires: (1) Abandon means to reject all or part of the department's rights and responsibilities relating to all or part of a fragment, section, or route on the state highway system; (2) Alley means an est…
Neb. Rev. Stat. § 39-1304 State highways; federal aid; state assents.
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The legislative assent required by section 1 of the Act of Congress approved July 11, 1916, Public Law 156, entitled An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes, is hereby given. The Legislature lik…
Neb. Rev. Stat. § 39-1304.01 State highways; federal aid; further assent.
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The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304.
Neb. Rev. Stat. § 39-1304.02 State highways; federal aid; relocation of public utilities; cost; limitation.
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Whenever any utility facility which now is, or hereafter may be, located in, over, along, or under any highway or urban extension thereof which is a part of the National System of Interstate and Defense Highways as defined in the Federal Aid Highway Act of 1956, and qualifying fo…
Neb. Rev. Stat. § 39-1304.03 State highways; federal aid; further assent.
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The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304, and amendments thereto.
Neb. Rev. Stat. § 39-1305 Federal aid; cooperation with federal government; agreements authorized.
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The department shall have the authority to make all contracts and do all things necessary to cooperate with the United States Government in matters relating to the cooperative construction or improvement of the state highway system, or any road or street of any political or gover…
Neb. Rev. Stat. § 39-1305.01 Projects for which federal funds are available; department; powers and duties.
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The department may plan, design, construct, maintain, or otherwise undertake projects for which federal funds are available as a National Highway System project under 23 U.S.C. 103(i), as a Surface Transportation Program project under 23 U.S.C. 133(b), or as a Public Lands Highwa…
Neb. Rev. Stat. § 39-1306 Federal aid; political subdivisions; department; agreements; unused funds; allocation.
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Any political or governmental subdivision or any public corporation of this state shall have the authority to enter into agreements with the federal government through or with the department to enable them to participate in all the benefits to be secured from federal-aid funds, o…
Neb. Rev. Stat. § 39-1306.01 Federal aid; political subdivisions; department; unused funds; allocation.
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Unused funds shall be made available by the department to other political or governmental subdivisions or public corporations for an additional period of six months. The department shall likewise make available unused funds from allotments which have been made prior to December 2…
Neb. Rev. Stat. § 39-1306.02 Federal aid; political subdivisions; allotment; department; duration; notice.
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When any political or governmental subdivision or any public corporation of this state has an allotment of federal-aid funds made available to it by the federal government, the department shall give notice to the political or governmental subdivision of the amount of such funds t…
Neb. Rev. Stat. § 39-1306.03 United States Department of Transportation; department assume responsibilities; agreements authorized; waiver of immunity; department; powers and duties.
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(1) The department may assume, pursuant to 23 U.S.C. 326, all or part of the responsibilities of the United States Department of Transportation: (a) For determining whether federal-aid design and construction projects are categorically excluded from requirements for environmental…
Neb. Rev. Stat. § 39-1307 Department; political subdivisions; highways, roads, streets; constructing, maintaining, improving, financing; agreements.
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The department, on behalf of the state, and any political or governmental subdivision or public corporation of this state shall have the authority to enter into agreements with each other respecting the planning, designating, financing, establishing, constructing, improving, main…
Neb. Rev. Stat. § 39-1308 Department; political subdivisions; advisory capacity; planning, locating, constructing, maintaining; highways, roads, streets.
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The department shall have the authority to act in an advisory capacity, upon request, to any political or governmental subdivision or public corporation of this state in matters pertaining to the planning, locating, constructing, and maintaining of roads, highways, and streets an…
Neb. Rev. Stat. § 39-1309 State highway system; designation; redesignation; factors.
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(1) The map prepared by the State Highway Commission showing a proposed state highway system in Nebraska, filed with the Clerk of the Legislature and referred to in the resolution filed with the Legislature on February 3, 1955, is hereby adopted by the Legislature as the state hi…
Neb. Rev. Stat. § 39-1309.01 Temporary detour designated part of state highway system; Director-State Engineer; powers; duties.
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The Director-State Engineer may waive the consideration of factors pursuant to section 39-1309 before a county road used as a temporary detour for the state highway system is designated as part of such state highway system. The director may designate a county road as part of the …
Neb. Rev. Stat. § 39-1311 State highway system; department; maintain current map; contents; corridor location; map; notice; beltway; duties.
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(1) The department at all times shall maintain a current map of the state, which shall show all the roads, highways, and connecting links which have been designated, located, created, or constituted as part of the state highway system, including all corridors. All changes in desi…
Neb. Rev. Stat. § 39-1311.01 Corridor map; copy; transmit.
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The department shall transmit a copy of the map required by subsection (2) of section 39-1311 to the officer responsible for review of preliminary subdivision plats and to the officer responsible for issuance of building permits or, if subdivision plats or building permits are no…
Neb. Rev. Stat. § 39-1311.02 Corridor; review of preliminary subdivision plat; building permit; required.
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(1) A review of a preliminary subdivision plat shall be required for all proposals to subdivide land or to make public or private improvements on all land within an approved corridor. (2) A building permit shall be required for all structures within an approved corridor if the ac…
Neb. Rev. Stat. § 39-1311.03 Corridor; proposed subdivision plat; building permit; notice; statement of intent; issuance.
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(1) Upon the filing of a request for a review of a proposed subdivision plat on a parcel located within a corridor, the officer responsible for reviewing subdivision plats or, if the review of a subdivision plat is required only by virtue of sections 39-1311 to 39-1311.05, the co…
Neb. Rev. Stat. § 39-1311.04 Corridor; building permit; subdivision plat; county clerk; issuance or approval; when.
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When an officer is not now authorized to issue building permits, the county clerk shall be authorized to review and approve subdivision plats or issue building permits required by the provisions of sections 39-1311 to 39-1311.05.
Neb. Rev. Stat. § 39-1311.05 Sections; no condition precedent to acquisition of rights-of-way.
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Nothing in sections 39-1311 to 39-1311.05 shall be deemed a condition precedent to the acquisition of rights-of-way by purchase or by eminent domain.
Neb. Rev. Stat. § 39-1313 State highways; abandonment; relinquishment; hearing.
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The department shall have the authority, with the advice of the State Highway Commission and the consent of the Governor, to relinquish or abandon fragments of routes, sections of routes, or routes on the state highway system; Provided, that abandonment or relinquishment is accom…
Neb. Rev. Stat. § 39-1314 State highways; relinquishment; abandonment; fragment or section; offer to political subdivision; procedure; memorandum of understanding; contents.
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No fragment or section of a route nor any route on the state highway system shall be abandoned without first offering to relinquish such fragment, section, or route to the political or governmental subdivisions or public corporations wherein any portion of the state highway syste…
Neb. Rev. Stat. § 39-1315 State highways; abandonment; written instrument; filing.
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Before any fragment, section, or route on the state highway system shall be abandoned, the department shall place upon public record in the department a written instrument describing the proposed abandonment. Such written instrument shall bear the department seal and shall be dat…
Neb. Rev. Stat. § 39-1315.01 State highways; removal from state highway system; conditions.
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No road or highway shall be removed from the state highway system until a minimum of three years after such road or highway has been improved with a surface of concrete, asphalt, or material of similar quality, covering at least two traffic lanes, and then only after a determinat…
Neb. Rev. Stat. § 39-1316 State highway system; establishment, construction, maintenance; plans and specifications.
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The department shall be responsible for the preparation and adoption of plans and specifications for the establishment, construction, and maintenance of the state highway system. Such plans and specifications may be amended, from time to time, as the department deems advisable. S…
Neb. Rev. Stat. § 39-1317 State highways; surveys and research.
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The department shall have the authority to make investigations and to collect and analyze all relevant data relating to (1) road planning studies, (2) traffic problems, (3) financial conditions, and (4) problems relating to state, county, township, municipal, federal, and all oth…
Neb. Rev. Stat. § 39-1318 Inspection and testing of materials.
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The department shall have the authority to make tests, do research, to inspect and test all materials, supplies, equipment, and machinery used for state purposes or projects involving federal funds, and to develop methods and procedures for this purpose.
Neb. Rev. Stat. § 39-1319 Testing laboratory; purpose.
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The department shall have the authority to maintain and develop a testing laboratory to carry out the requirements of the provisions of section 39-1318.
Neb. Rev. Stat. § 39-1320 State highway purposes; acquisition of property; eminent domain; purposes enumerated.
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(1) The department is hereby authorized to acquire, either temporarily or permanently, lands, real or personal property or any interests therein, or any easements deemed to be necessary or desirable for present or future state highway purposes by gift, agreement, purchase, exchan…
Neb. Rev. Stat. § 39-1320.01 Taking of threatened or endangered species, habitat of such species, or wetlands; mitigation bank or in-lieu-fee program; department; powers; sum in lieu of ad valorem taxes; when required.
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(1) The department may establish, use, and operate a mitigation bank or an in-lieu-fee program in accordance with applicable state and federal laws. (2) The purpose of the mitigation bank or in-lieu-fee program is to provide compensatory mitigation for the following when compensa…
Neb. Rev. Stat. § 39-1321 State highway purposes; acquisition of additional property; purpose; method; acquisition of landlocked property.
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In connection with the acquisition of lands, property or interests therein for state highway purposes, the department may, in its discretion, acquire, by any lawful means except through the exercise of eminent domain, an entire lot, block, or tract of land or property if, by so d…
Neb. Rev. Stat. § 39-1322 Acquisition of additional property; buildings; exchange or replacement of property.
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The department may acquire additional real property by gift, agreement, purchase, exchange, or condemnation if such additional real property is needed for the purpose of moving and establishing thereon buildings, structures, or other appurtenances which are situated on real prope…