Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Neb. Rev. Stat. § 39-1603 Engineering services; duties of county board; estimate of cost.
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Upon the filing of such petition in the office of the county board wherein the greater portion of the area of the proposed district is located, such county board shall engage the professional engineers, who have furnished engineering to the resident petitioners, who shall prepare…
Neb. Rev. Stat. § 39-1604 No temporary board; petition; notice; hearing; order.
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(1) If no temporary board of trustees is appointed, then not later than four weeks after the filing of such petition in the office of the county board of the county wherein the greater portion of the area of the proposed district is located, such county board shall give notice by…
Neb. Rev. Stat. § 39-1605 Organization; special election; ballot form; first board of trustees.
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After the determination by the county board, or a majority thereof, as provided by subsection (2) of section 39-1604, it shall call a special election and submit to the legal voters of the proposed road improvement district the question of the organization of such district and th…
Neb. Rev. Stat. § 39-1606 Board of trustees; members; election; filing fee; term; compensation; district; name.
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(1) Any resident property owner desiring to file for the office of trustee of a road improvement district may file for such office with the county clerk or election commissioner of the county in which the greater proportion in area of the district is located, not later than forty…
Neb. Rev. Stat. § 39-1607 Trustees; failure to qualify; vacancy; how filled.
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If any trustee fails to qualify within sixty days after receipt of the certificate of election, the office to which he or she was elected shall be declared vacant. Any vacancy in the board of trustees from any cause may be filled by the remaining trustees until the next election …
Neb. Rev. Stat. § 39-1608 Trustees; bond; amount; conditions; premium; suit on bond.
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Each trustee of any such district shall, prior to entering upon his office, execute and file with the county clerk of the county in which said district, or the greater portion of the area thereof, is located, his bond with one or more sureties, to be approved by the county clerk,…
Neb. Rev. Stat. § 39-1609 Trustees; clerk; engineer; rules and regulations; publication of proceedings.
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The board of trustees shall elect one of their members clerk and have the power to appoint, employ, and pay an engineer, who shall be removable at the pleasure of the board. The clerk may be paid not to exceed twelve hundred dollars per year by said board. The board shall have th…
Neb. Rev. Stat. § 39-1610 Trustees; powers.
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The board of trustees of any road improvement district, created by sections 39-1601 to 39-1609, shall have the power to grade, establish grade, change grade, pave, repave, gravel, regravel, macadamize, remacadamize, widen or narrow roads, resurface or relay existing pavement, or …
Neb. Rev. Stat. § 39-1611 Trustees; improvements; petition of abutting landowners.
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Whenever a petition signed by sixty percent of the resident landowners abutting on or adjacent to any road, highway, or street in the district shall be presented and filed with the clerk of the board of trustees, petitioning therefor, the board of trustees shall (1) by resolution…
Neb. Rev. Stat. § 39-1612 Trustees; improvements without petition; notice; protests.
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Whenever the board of trustees shall deem it necessary to make any of the improvements of any road, highway, or street named in section 39-1610, without the filing of the petition referred to in section 39-1611, it shall so determine by resolution of the board. The board shall th…
Neb. Rev. Stat. § 39-1613 Protests or petitions; determination of sufficiency.
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The sufficiency of the protests or petitions, referred to in sections 39-1611 and 39-1612 as to the ownership of land, shall be determined by the record in the office of the county clerk or register of deeds, of the county or counties where the lands of the district are located, …
Neb. Rev. Stat. § 39-1614 Assessments; lien; certification.
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All assessments shall be a lien on the property on which levied from the date of levy. The board of trustees of such road improvement district shall cause such assessments, or portion thereof remaining unpaid, to be certified to the county clerk of the county or counties for entr…
Neb. Rev. Stat. § 39-1615 Assessment; payment; delinquency; interest.
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One-tenth of the total amount assessed against each lot or parcel of land shall become delinquent in fifty days after the date of such levy; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six…
Neb. Rev. Stat. § 39-1616 Bonds; issuance; payment; interest.
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For the purpose of paying the cost of grading, paving, repaving, graveling, regraveling, macadamizing, remacadamizing, or improving the road or roads in any road improvement districts, the board of trustees shall have the power and may, by resolution, cause to be issued bonds of …
Neb. Rev. Stat. § 39-1617 Sinking fund; investments authorized.
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Pending final redemption of bond or bonds for improving the road, roads, highway, or street, the county treasurer is hereby authorized to invest such sinking fund in interest-bearing time certificates of deposit in depositories approved and authorized to receive county money, but…
Neb. Rev. Stat. § 39-1618 Assessments; school district, county, or quasi-municipal corporation; lands subject to.
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If, in any road improvement district, there shall be any real estate belonging to any county, school district, or other quasi-municipal corporation, adjacent to or abutting upon the road, roads, highways, or street upon which the improvement has been ordered it shall be the duty …
Neb. Rev. Stat. § 39-1619 Intersections; roads adjacent to federal or state lands; assessments; intersection paving bonds; term; interest; warrants.
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(1) For the payment of all improvements of the intersections and areas formed by the crossing of roads or alleys and one-half of the roads adjacent to real estate owned by the United States or the State of Nebraska, the assessment shall be made upon the taxable value of all the t…
Neb. Rev. Stat. § 39-1620 Contracts; letting of bids; notice.
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All contracts for work to be done, the expense of which is more than five hundred dollars, shall be let to the lowest responsible bidder, upon notice of not less than twenty days of the terms and conditions of the contract to be let. The board of trustees shall have power to reje…
Neb. Rev. Stat. § 39-1621 Budget; taxes; levy; limitation; certification; collection; disbursement.
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(1) The board of trustees may, after adoption of the budget statement for such district, annually levy and collect the amount of taxes provided in the adopted budget statement of the district to be received from taxation for corporate purposes upon property within the limits of s…
Neb. Rev. Stat. § 39-1622 Special assessments; special benefits; general benefits; levy; lien.
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The board of trustees of the road improvement district shall, in addition to its other powers, levy a special assessment to the extent of special benefits conferred the cost of such portion of such improvements as are local improvements upon property found specially benefited the…
Neb. Rev. Stat. § 39-1623 Improvements; plat; benefits; schedule of proposed special assessments; notice; hearing.
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After the completion of any improvements, the engineer shall file with the clerk of the district a complete statement of all the costs of such improvement, a plat of the property in the district specially benefited thereby, and a schedule of the amount proposed to be assessed aga…
Neb. Rev. Stat. § 39-1624 Proposed special assessments; hearing; equalization; consent.
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The hearing on the proposed assessment shall be held by the trustees of the district sitting as a board of adjustment and equalization at the time and place specified in the notice provided for by section 39-1623. Such date of hearing shall not be less than twenty days nor more t…
Neb. Rev. Stat. § 39-1625 Special assessments; levy; relevy; certification.
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After the equalization of such special assessments, as herein required, the same shall be levied by the trustees of the district upon all lots or parcels of ground within the district which are especially benefited by reason of the improvement, as set forth in sections 39-1601 to…
Neb. Rev. Stat. § 39-1626 Special assessments; when delinquent; interest.
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All special assessments provided for by sections 39-1601 to 39-1636 shall become due fifty days after date of levy and may be paid within that time without interest, but if not so paid shall bear interest as provided in section 39-1615. Such assessments shall become delinquent as…
Neb. Rev. Stat. § 39-1627 Assessment paving bonds; amount; term; sinking fund.
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For the purpose of paying the costs of the assessment portion of the work, the district shall issue its negotiable assessment paving bonds, referred to in section 39-1616, in an amount determined by deducting the special assessments paid within the period provided in section 39-1…
Neb. Rev. Stat. § 39-1628 Bonds; issuance; approval by district court.
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The board of trustees of a road improvement district organized under the provisions of sections 39-1601 to 39-1636 shall, before issuing any bonds of such district, commence special proceedings, as provided for by section 39-1629, in and by which the proceedings of the board and …
Neb. Rev. Stat. § 39-1629 Bonds; approval by district court; petition; contents.
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The board of trustees of the district shall, as directed in section 39-1628, file in the district court of the county in which the lands of the district, or the greater portion thereof, are situated, a petition praying in effect that the proceedings may be examined, approved, and…
Neb. Rev. Stat. § 39-1630 Bonds; approval by district court; hearing; notice.
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The court shall fix the time for the hearing of the petition, and shall order the clerk of the court to give and publish a notice of the filing of the petition. The notice shall be given as is provided by subsection (1) of section 39-1604, unless other or different notice is fixe…
Neb. Rev. Stat. § 39-1631 Bonds; approval by district court; interested parties; pleadings.
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Any person, interested in the district or in the issuance of the bonds thereof, may move to dismiss the petition or answer thereto. The provisions of the Code of Civil Procedure respecting motions and answer to a petition shall be applicable to motions and answer to the petition …
Neb. Rev. Stat. § 39-1632 Bonds; jurisdiction of district court; trial; judgment; costs; determination of validity.
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Upon the hearing of such special proceedings, the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, or disapprove and disaffirm, each and all of the proceedings for the organization of such district under secti…
Neb. Rev. Stat. § 39-1633 Agreements with county, state, and federal governments; proration of costs; application of payments and contributions.
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The district may enter into agreements with the State of Nebraska, the federal government, or the county or counties in which the district is located, whereby certain portions of the costs will be assumed and paid by any or all of such agencies and such payments or contributions …
Neb. Rev. Stat. § 39-1634 Maintenance of improvements; county responsibility; reimbursement by district.
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The maintenance and care of the improvements shall be performed by the county or counties in which such district is located but the district shall reimburse the county or counties for such costs up to the limits of funds provided for in the adopted budget statement which are avai…
Neb. Rev. Stat. § 39-1635 Annexation of territory by a city or village; effect on certain contracts.
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Whenever any city or village annexes all the territory within the boundaries of any road improvement district organized under sections 39-1601 to 39-1636.01, the district shall merge with the city or village and the city or village shall succeed to all the property and property r…
Neb. Rev. Stat. § 39-1635.01 Annexation; trustees; accounting; effect.
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The trustees of a road improvement district shall, within thirty days after the effective date of the merger, submit to the city or village a written accounting of all assets and liabilities, contingent or fixed, of the district. Unless the city or village within six months there…
Neb. Rev. Stat. § 39-1635.02 Annexation; when effective; trustees; duties; special assessments prohibited.
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The merger shall be effective thirty days after the effective date of the ordinance annexing the territory within the road improvement district. If the validity of the ordinance annexing the territory is challenged by a proceeding in a court of competent jurisdiction, the effecti…
Neb. Rev. Stat. § 39-1635.03 Annexation; obligations and assessments; agreement to divide; approval; decree.
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If only a part of the territory within any road improvement district is annexed by a city or village, the road improvement district acting through its trustees and the city or village acting through its governing body may agree between themselves as to the division of the assets,…
Neb. Rev. Stat. § 39-1636 Improvements; plans and specifications; court validation proceedings and decree; filing.
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Each time any improvement is made to any road, street, or highway in the district, a copy of the plans and specifications shall be filed in the office of the county highway superintendent of the county or counties in which such district is located. After the court decree of valid…
Neb. Rev. Stat. § 39-1636.01 Road lighting system; petition; special assessment; limitation.
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If a petition signed by sixty percent of the electors of any district is filed with the county clerk of the county in which such district is located, the board of trustees of any road improvement district may contract for the installment, maintenance, and operation of road lighti…
Neb. Rev. Stat. § 39-1637 Road districts; commissioner counties; seven or more commissioners; assessment; levy; limitation; fund; use.
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In counties under a seven or more commissioner form of government, each former township shall be a road district and fifty-one percent of the resident freeholders of such district may petition the county board of the county in which such district is located to levy an assessment …
Neb. Rev. Stat. § 39-1638 Rural road improvement district; terms, defined.
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For purposes of the Rural Road Improvement District Act, unless the context otherwise requires: (1) Board, board of county commissioners, or board of county supervisors means the governing body of the county; (2) District means a rural road improvement district created under the …
Neb. Rev. Stat. § 39-1639 Resolution; contents.
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Any county may establish and construct new roads, change or extend existing roads, and improve such roads by grading, surfacing, draining, and incidental work by the board on its own initiative declaring the advisability or necessity for such establishment, construction, change, …
Neb. Rev. Stat. § 39-1640 Petition; filing; contents.
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(1) When a petition is filed with the county clerk signed by persons owning not less than twenty-five percent of the area in the proposed district requesting the formation of a district, the board of the county in which the proposed district is located shall prepare and propose t…
Neb. Rev. Stat. § 39-1641 Petition; resolution; adoption, restrictions; hearing; notice.
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(1) A resolution described in section 39-1639 shall not be adopted by the board during the same meeting at which such resolution was proposed. (2) If special assessments are proposed to be levied in a district, the board shall set a time and place for a hearing on the proposed re…
Neb. Rev. Stat. § 39-1642 Petition; hearing, when required; objections; requirements; resolution of county board; contents.
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(1) If special assessments are proposed to be levied in the proposed district, any person that owns real property in the proposed district may file a written objection to the formation of the district. Such written objection shall: (a) Include any reason why such person objects t…
Neb. Rev. Stat. § 39-1643 Advisory committee; appointment, when; compensation; expenses.
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(1) Upon passing the resolution described in section 39-1639 that creates a district in which special assessments will be levied, the board shall appoint an advisory committee of not less than three persons residing in the district to advise with the board on all matters affectin…
Neb. Rev. Stat. § 39-1644 District; name; improvements; contract; county board; gifts and contributions; letting of bids.
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(1) The district when formed shall be known as Rural Road Improvement District No. ........ of .................... County. (2) The district, when established, shall not include any lands located within a village or city. (3) The board shall proceed as expeditiously as possible t…
Neb. Rev. Stat. § 39-1645 Improvements; cost; bonds authorized; partial payment; warrants; interest.
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(1) To pay the cost of the improvement as the work progresses, the county may: (a) Issue bonds as provided in section 39-1648 and provide for such payment of costs from bond proceeds; or (b) Issue progress warrants drawn against the rural road improvement fund for the total cost …
Neb. Rev. Stat. § 39-1646 Rural road improvement fund; establish; use.
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(1) A county that creates a district shall establish: (a) A special fund for each district to be known as rural road improvement district No. ........... fund; or (b) A single rural road improvement fund for all districts in the county and from which any cost related to a road im…
Neb. Rev. Stat. § 39-1647 Assessments; equalization; hearing; notice; publication; lien; interest.
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(1) On completion and acceptance of the improvement in a district where special assessments may be levied, the engineer in charge of the improvement project shall make and file a statement with the county clerk. Such statement shall include a description of the complete cost of t…
Neb. Rev. Stat. § 39-1648 Bonds; issuance; sale; maturity; interest; general obligation of county.
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(1) The county may issue and sell bonds of the county in an amount sufficient to pay the costs of the improvements. Prior to the issuance and sale of such bonds, the county shall take into account the amounts collected or expected to be collected on special assessments and any mo…