Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Transferred to section 39-213.
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[Repealed or reserved.]
Transferred to section 39-214.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 224, § 4.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 224, § 4.
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[Repealed or reserved.]
Transferred to section 39-215.
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[Repealed or reserved.]
Transferred to section 39-216.
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[Repealed or reserved.]
Transferred to section 39-219.
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[Repealed or reserved.]
Transferred to section 39-220.
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[Repealed or reserved.]
Transferred to section 39-221.
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[Repealed or reserved.]
Transferred to section 39-222.
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[Repealed or reserved.]
Transferred to section 39-223.
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[Repealed or reserved.]
Transferred to section 39-224.
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[Repealed or reserved.]
Transferred to section 39-225.
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[Repealed or reserved.]
Transferred to section 39-226.
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[Repealed or reserved.]
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…
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 190, § 13.
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[Repealed or reserved.]
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…
Neb. Rev. Stat. § 39-1323 Lands of state; acquisition; purpose; consent of Governor required; procedure.
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The department may acquire land, as provided for by sections 72-224.02 and 72-224.03, whenever such land is necessary to construct, reconstruct, improve, relocate, and maintain the state highway system and to provide adequate drainage for and access facilities to such highways. T…
Neb. Rev. Stat. § 39-1323.01 Lands acquired for highway purposes; lease, rental, or permit for use; authorization; proprietary purposes permitted; disposition of rental funds; conditions, covenants, exceptions, reservations.
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The Nebraska Department of Transportation, subject to the approval of the Governor, and the United States Department of Transportation if such department has a financial interest, is authorized to lease, rent, or permit for use, any area, or land and the buildings thereon, which …
Neb. Rev. Stat. § 39-1324 Surveys; authority to enter land; damages.
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The department shall have authority to enter upon any property to make surveys, examinations, investigations, and tests, and to acquire other necessary and relevant data in contemplation of (1) establishing the location of a road, street, or highway, (2) acquiring land, property,…
Neb. Rev. Stat. § 39-1325 Real property; power of department to sell and convey excess.
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The department shall have the authority to sell and convey, with the approval of the Governor, any part of or any interest in real property held by the department which is no longer deemed necessary or desirable for highway purposes. The sale or conveyance of such real property s…
Neb. Rev. Stat. § 39-1326 Real property; sale, deed; bill of sale; execution; conditions; disposition of proceeds.
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The Director-State Engineer, for the department, and in the name of the State of Nebraska, may execute, acknowledge, seal, and deliver all deeds, bills of sale, and other instruments necessary and proper to carry out the sale and exchange of real property. Such deeds, bills of sa…
Neb. Rev. Stat. § 39-1327 State highways; access rights; acquisition; damages.
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The department, with the advice of the State Highway Commission and the consent of the Governor, shall designate and establish controlled-access facilities. Upon such consent, the department (1) is authorized to designate and establish controlled-access facilities, (2) may design…
Neb. Rev. Stat. § 39-1328 State highways; frontage roads; abutting owners, egress and ingress.
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The department is authorized to designate, establish, design, construct, maintain, vacate, alter, improve, and regulate frontage roads within the boundaries of any present or hereafter acquired right-of-way and to exercise the same jurisdiction over such frontage roads as is auth…
Neb. Rev. Stat. § 39-1328.01 State highways; frontage roads; request by municipality, county, or property owners; right-of-way acquired by purchase or lease; department; maintenance.
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Whenever a highway not a freeway, which formerly traversed the corporate limits of a municipality of not more than five thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Cen…
Neb. Rev. Stat. § 39-1328.02 State highways; frontage roads; request by municipality, county, or property owners; consent of federal government, when; right-of-way; reimbursement; maintenance.
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Whenever a highway not a freeway, which formerly traversed the corporate limits of a municipality, has been relocated since January 1, 1960, and has been made or will be made a controlled-access facility, and the department has not provided any frontage road as authorized by sect…
Neb. Rev. Stat. § 39-1329 State highways; egress and ingress, when required; department; prescribe access.
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The right of reasonable convenient egress and ingress from lands or lots, abutting on an existing highway, street, or road, may not be denied except with the consent of the owners of such lands or lots, or with the condemnation of such right of access to and from such abutting la…
Neb. Rev. Stat. § 39-1330 State highways; acquisition of property for right-of-way; department powers; reasonable access required.
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In connection with the acquisition of real property for new right-of-way or additional right-of-way for any highway to be constructed, relocated, or reconstructed in either rural or urban areas and paid for in whole or in part with federal or state highway funds, the department m…
Neb. Rev. Stat. § 39-1331 State highways; farm land; severed tracts; access.
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Whenever the location, relocation, establishment, construction, or reconstruction of a highway causes the severance of real property, which is being used for farm or other agricultural purposes and title thereto is held under one owner, the department shall make provision for cro…
Neb. Rev. Stat. § 39-1332 State highways; construction and maintenance of access road; written permit required, when.
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No person shall construct, use, or permit to be used on property owned or occupied by such person any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without first obtaining a written permit from the department…
Neb. Rev. Stat. § 39-1333 State highways; access; department; adopt rules and regulations; issue permits.
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The department may adopt reasonable rules and regulations and issue permits for the construction or use of any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to highway rights-of-way. Such rules and regulations and such permits may inc…
Neb. Rev. Stat. § 39-1334 State highways; access; permit; violation; actions.
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The Director-State Engineer, for the department and in the name of the State of Nebraska, may prosecute to final determination any action, suit, or proceeding which in his judgment is necessary for the preservation of public safety, the promotion of the general welfare, and to ca…
Neb. Rev. Stat. § 39-1335 State highways; access; use of adjoining property; permit; rules and regulations; violation; penalty.
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Any person who shall construct, use, or permit to be used on property owned or occupied by such person any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without a permit from the department, when a permit is …
Neb. Rev. Stat. § 39-1336 Department; political subdivision; access highways; construction, maintenance, location, vacation; agreement.
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The department and the governing bodies of any political or governmental subdivision or any public corporation of this state may enter into agreements with each other respecting the planning, designating, financing, establishing, constructing, improving, maintaining, using, alter…
Neb. Rev. Stat. § 39-1337 State highway system and highway approach; department; construction, maintenance, control; improvement; sufficiency rating.
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(1) The construction, maintenance, protection, and control of the state highway system shall be under the authority and responsibility of the department, except as otherwise provided in sections 39-1339 and 39-1372. (2) The construction, reconstruction, relocation, improvement, o…
Neb. Rev. Stat. § 39-1338 State highways; drainage; construct, maintain, improve facilities; damages.
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The department shall have the authority to construct, maintain, and improve drainage facilities on the state highway system. The department also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measures beyond t…
Neb. Rev. Stat. § 39-1339 State highway system; connecting links, defined; duty of department.
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Except as provided in section 39-1372, the responsibility of the department for the maintenance of connecting links on the state highway system shall be determined in accordance with the following provisions: (1) The department shall be liable for the cost of surface maintenance …
Neb. Rev. Stat. § 39-1340 State highways; additional width or capacity; political subdivisions; agreement.
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The governing body of any political or governmental subdivision or public corporation may enter into a written agreement with the department for the construction of a highway, structure, or appurtenance thereto, of greater width or capacity than would be necessary to accommodate …
Neb. Rev. Stat. § 39-1341 State highways; additional width; political subdivisions; agreement; payment.
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The governing body of any political or governmental subdivision or public corporation may enter into a written agreement with the department for the maintenance of the additional width, as provided for in section 39-1305, by the department and from time to time, in accordance wit…
Neb. Rev. Stat. § 39-1342 State highways; construction and maintenance of illumination; sidewalks; safety devices.
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The department shall have the authority to construct and maintain highway illumination and sidewalks along such parts of the state highway system as are necessary for safety and public welfare. The department may also erect and maintain any other appurtenances to the state highwa…
Neb. Rev. Stat. § 39-1343 State highway system; department; emergencies; powers.
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When, in the opinion of the department, an emergency or unusual condition exists requiring immediate action in order to preserve, continue, open, reopen, or provide for safe conditions on a fragment, portion, or route on the state highway system, the department may make necessary…