Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Repealed. Laws 1973, LB 45, § 125.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1390 State Recreation Road Fund; created; use; preferences; maintenance; investment.
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The State Recreation Road Fund is created. The money in the fund shall be transferred by the State Treasurer, on the first day of each month, to the department and shall be expended by the Director-State Engineer with the approval of the Governor for construction and maintenance …
Neb. Rev. Stat. § 39-1390.01 State Recreation Road Fund; road projects authorized.
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Section 39-1390 shall not prevent the expenditure of funds from the State Recreation Road Fund on road projects (1)(a) that begin upon or terminate within state highway rights-of-way or (b) that are for intersections, interchanges, or connecting ramps located within state rights-…
Neb. Rev. Stat. § 39-1391 Exterior access roads; interior service roads; plans; reviewed annually; report; contents.
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The Game and Parks Commission shall develop and file with the Governor and the Legislature a one-year plan and a long-range five-year plan of proposed construction and improvements for all exterior access roads and interior service roads as provided in section 39-1390, based on p…
Repealed. Laws 2026, LB1048, § 46.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1393 Vegetation control program; permits for cutting or trimming of vegetation; fee; applicant; duties.
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(1) The department shall establish and administer a vegetation control program which may allow permits for the cutting or trimming of vegetation in the vicinity of advertising signs, displays, or devices placed pursuant to section 39-220. A permit issued under this section shall …
Neb. Rev. Stat. § 39-1401 Terms, defined.
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As used in Chapter 39, articles 14 to 20, except sections 39-1520.01 and 39-1908, unless the context otherwise requires: (1) County board shall mean the board of county commissioners in commissioner-type counties and the board of county supervisors in township counties; (2) Publi…
Neb. Rev. Stat. § 39-1402 Public roads; supervision by county board.
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General supervision and control of the public roads of each county is vested in the county board. The board shall have the power and authority of establishment, improvement, maintenance and abandonment of public roads of the county and of enforcement of the laws in relation there…
Neb. Rev. Stat. § 39-1403 Roads on county or township line; deviation from line.
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Any public road that is or shall hereafter be laid out on a county or township line shall be held to be a road on a county or township line, although, owing to the topography of the ground along the county or township line, or at the crossing of any stream of water, the proper au…
Neb. Rev. Stat. § 39-1404 Public grounds, interests in; cannot arise by operation of law.
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No privilege, franchise, right, title, right of user, or other interest in or to any street, avenue, road, thoroughfare, alley or public grounds in any county, city, municipality, town, or village of this state, or in the space or region under, through or above any such street, a…
Neb. Rev. Stat. § 39-1405 Streets in unincorporated villages and sanitary and improvement districts; powers and duties of county or township authorities; liability for damages.
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(1) All public streets of unincorporated villages are a part of the public roads and shall be worked and maintained by the respective county or township authorities. (2) The county board may, after the clearance of snow and ice from the county road system, clear snow and ice from…
Repealed. Laws 1985, LB 393, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1407 County road improvement projects; lettings; procedure; county board may authorize Department of Transportation to conduct; contractors' bonds.
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Whenever contracts are to be let for road improvements, it shall be the duty of the county board to cause to be prepared and filed with the county clerk an estimate of the nature of the work and the cost thereof. After such estimate has been filed, bids for such contracts shall b…
Neb. Rev. Stat. § 39-1408 County or township roads; emergencies; authority of county or township boards.
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When an emergency or unusual condition exists requiring immediate action in order to preserve a county or township road or provide for safe conditions, the county board as to county roads within the county and the township board as to township roads within the township, or some p…
Neb. Rev. Stat. § 39-1409 Labor on roads; wages fixed by county board.
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Any person performing labor on roads shall receive the wages fixed by the county board in each county for such labor.
Neb. Rev. Stat. § 39-1410 Section lines declared roads; opening; damages, appraisal and allowance; government corners, how perpetuated.
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(1) The section lines are hereby declared, but are not required, to be public roads in each county in the state. (2) The county board of any county may, whenever the public good requires it, open roads on section lines and cause them to be worked in the same manner as other publi…
Neb. Rev. Stat. § 39-1411 Road and bridge records, who must keep; carrying capacity posted on bridges.
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The county highway superintendent or some other qualified person designated by the county board shall keep in his or her office a road record which shall include a record of the proceedings in regard to the laying out, establishing, changing, or discontinuing of all roads in the …
Neb. Rev. Stat. § 39-1412 County bridges; loads exceeding limits or posted capacity; no damage recovery; violation; penalty.
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(1) No person shall drive across or go upon any county bridge with a greater weight than the limits set forth in subsections (2), (3), and (4) of section 60-6,294 or the carrying capacity or weight posted or attached pursuant to section 39-1411. (2) A person who violates this sec…
Neb. Rev. Stat. § 39-1501 Highway superintendent or road unit system counties; county boards; general powers and duties.
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The county board, in commissioner-type counties having a county highway superintendent and in township-type counties having adopted a county road unit system as provided in sections 39-1513 to 39-1518, shall: (1) Have general supervision over all the duties and responsibilities o…
Neb. Rev. Stat. § 39-1502 Highway superintendent; optional appointment in certain commissioner counties; protests; election.
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The county board, in a county having a population of less than eighteen thousand inhabitants and less than five commissioners, shall appoint and fix the salary of a county highway superintendent whenever a petition for such appointment is signed by ten percent of the legal voters…
Neb. Rev. Stat. § 39-1502.01 Highway superintendent; abolition; procedure.
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When a county highway superintendent has been appointed following an election held pursuant to section 39-1502, such position may be abolished at any general election after two years from the date of such election in the same manner as the appointment was approved.
Neb. Rev. Stat. § 39-1503 Highway superintendent or road unit system counties; county boards; duties.
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It shall be the duty of the county board in commissioner-type counties having a county highway superintendent and in township-type counties having adopted a county road unit system to: (1) Give notice to the public of the date set for public hearings upon the proposed county high…
Neb. Rev. Stat. § 39-1504 Commissioner counties; no highway superintendent; county board or designee to perform duties.
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In commissioner-type counties not having a county highway superintendent, the county board, or some other qualified person designated by the county board, shall assume and perform the powers and duties of the county highway superintendent.
Neb. Rev. Stat. § 39-1505 Bridges, numbering; duties of county board; highway history, highway superintendent to keep.
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For the purpose of assisting the county highway superintendent in making and keeping the bridge record, the county board shall adopt a system of numbering all county bridges, and place and keep on each bridge a plain and substantial number, and furnish to the county highway super…
Neb. Rev. Stat. § 39-1506 County highway superintendent; qualifications.
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Any person, whether or not a resident of the county, who is a duly licensed engineer in this state, any firm of consulting engineers duly licensed in this state, or any other person who is a competent, experienced, practical road builder shall be qualified to serve as county high…
Neb. Rev. Stat. § 39-1507 Highway superintendent; powers; bond; annual inventory.
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The county highway superintendent shall have control, government, and supervision of all the public roads and bridges in the county under the general supervision and control of the county board. Before entering upon the duties of his office he shall execute to the county a bond i…
Neb. Rev. Stat. § 39-1508 Highway superintendent; duties.
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It shall be the duty of the county highway superintendent to: (1) Annually submit to the county board a proposed schedule of construction, repair, maintenance, and supervision of county roads and bridges in conjunction with sections 39-2115, 39-2119, and 39-2120; (2) Annually fil…
Neb. Rev. Stat. § 39-1509 Highway superintendent; interest in public contracts prohibited; reports to county board; neglect of duty; removal from office.
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The county highway superintendent shall not be interested directly or indirectly in any contract with the county, and shall render at any time an accounting of his acts and doings to the county board when requested by it so to do; and he may be removed from office by such board a…
Neb. Rev. Stat. § 39-1510 Highway superintendent; office; plat records of public roads.
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The county highway superintendent shall be provided by the county with a suitable office which may be in the office or room occupied by the county board or elsewhere, as the board may choose, and he shall keep in his office plat records showing accurately all public roads and hig…
Neb. Rev. Stat. § 39-1511 Highway superintendent; construction work, duty to superintend; road claims; approval.
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The county highway superintendent shall be the superintendent of construction of all roads, bridges, culverts, road ditch improvements, and their maintenance, and make or cause to be made plans and specifications, when requested by the county board, for all road improvements, bri…
Repealed. Laws 2019, LB414, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1513 County road unit system; optional for township counties; procedure for adoption.
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In the event of the filing with the county clerk of a petition signed by ten percent of the qualified electors in the county, the board of county supervisors shall adopt the provisions of the county road unit system by resolution at the next regular meeting of the board. The reso…
Neb. Rev. Stat. § 39-1514 County road unit system; abandonment; outstanding contracts.
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Any county which adopts the county road unit system may at any general election after two years from the date of such adoption abandon the county road unit system and return to the county and township system; Provided, that every outstanding contract made by such county while ope…
Neb. Rev. Stat. § 39-1515 County road unit system; abandonment; election.
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The election to determine whether the county road unit system shall be abandoned shall be called by the board of county supervisors upon the presentation of a petition signed by at least ten percent of the qualified electors of the county. Such petition shall be filed by the peti…
Neb. Rev. Stat. § 39-1516 County road unit system; adoption; transfer of township funds.
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Upon the adoption of the county road unit system in any county, the township board of any township in such county shall forthwith pay over to the county treasurer of such county any and all unused money or funds or surplus funds in the hands of such township board which have been…
Neb. Rev. Stat. § 39-1517 County road unit system; adoption; township equipment and material, transfer and appraisal; outstanding township contracts.
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Upon the adoption of the county road unit system in any county, the township board of any township in such county shall forthwith turn over and deliver to the board of county supervisors of such county any and all road machinery, equipment, and material which such township has ac…
Neb. Rev. Stat. § 39-1518 County road unit system; adoption; settlements with townships; warrants and tax levy.
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If the county board of supervisors determines that there are insufficient funds in the county road and bridge fund to compensate a township for the transfer of road machinery, equipment, and material for the construction and maintenance of roads within that township or to pay the…
Neb. Rev. Stat. § 39-1519 Township counties without county road unit system; sections applicable.
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The provisions of sections 39-1519 to 39-1527 shall relate only to those counties under the township organization not operating under a county road unit system as provided in sections 39-1513 to 39-1518.
Neb. Rev. Stat. § 39-1520 Township highway superintendent; powers; compensation; failure of overseer to obey.
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All township road and culvert work shall be under the general supervision of the township board, except as hereinafter provided in this section. At the first regular board meeting in each year the board shall select one of its number to be township highway superintendent, under w…
Neb. Rev. Stat. § 39-1520.01 Township counties without county road unit system; road districts; creation.
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The county board under township organization in counties not operating under the county road unit system shall divide the county, except the portion occupied by the cities and incorporated villages, into as many road districts as may be necessary, and alter the boundaries thereof…
Neb. Rev. Stat. § 39-1521 Bridges over streams; construction; maintenance; expense borne by county.
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In counties under township organization the expense of building, maintaining, and repairing bridges over streams on all public roads of the county or township shall be borne exclusively by the county within which such bridges are located.
Neb. Rev. Stat. § 39-1522 Township roads; damages for right-of-way; expenses; payment from general road fund; division of tax levy; expenditure.
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The payment of damages for the right-of-way of any public road and the payment for services of county highway superintendent, surveyor, chainmen, and other persons engaged in locating, establishing, or altering any public road, if the road be finally established or altered as pro…
Neb. Rev. Stat. § 39-1523 Township road contracts; payment from township fund; bond issues for bridge construction or repair.
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Where any contract is let by the township board, the expense of which is to be borne exclusively by the township, it shall be paid from the township fund; Provided, if, under any law of this state, bonds are voted to aid in the building or repairing of any bridge, the expense sha…
Neb. Rev. Stat. § 39-1524 Township roads; construction or repair; appropriations from county treasury; how obtained.
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When it shall be necessary to build, construct, or repair any road in any township, which would be an unreasonable burden to the same, the cost of which will be more than can be raised in one year by the levy provided in section 23-259, the township board shall present a petition…
Repealed. Laws 1973, LB 75, § 20.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 75, § 20.
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[Repealed or reserved.]
Repealed. Laws 1973, LB 75, § 20.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1527 Change from commissioner to township form of government; use of county road fund for maintenance of township roads.
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It shall be lawful in all counties changing from the commissioner form of government to township organization, for such counties to continue for a period of one year after adoption of township organization to use funds from the county road fund to maintain township roads.
Neb. Rev. Stat. § 39-1601 Special improvement districts; petition for organization; dissolution; procedure; disposition of funds.
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(1) Whenever a petition, (a) containing a definite description of the territory to be embraced, (b) designating the name of the proposed district, and (c) signed by ten percent of the landowners within the limits of a proposed road improvement district is presented and filed with…
Neb. Rev. Stat. § 39-1602 Organization with temporary board of trustees; procedure; contracts of temporary board; duties of county board.
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Whenever the petition mentioned in subsection (1) of section 39-1601 shall (1) be signed by twenty percent of the landowners within the proposed limits of any such district, (2) contain a list of five legal voters who are owners of property and reside in the proposed district, (3…