Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Neb. Rev. Stat. § 39-1649 Roads of district; part of county road system; special levy; limitation; receipts; rural road improvement district fund.
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(1) When the road improvements have been completed and accepted, the roads shall constitute a part of the county road system and shall be maintained by the county. (2) The owners of more than fifty percent of the area in the district may petition the board for maintenance in exce…
Neb. Rev. Stat. § 39-1650 Advisory committee; enlarge district; proposal filed with county board.
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(1) Subsection (2) of this section applies: (a) When it is deemed advisable to enlarge the boundaries of a district by the advisory committee for a district where special assessments have been or will be imposed; and (b) If the conditions mentioned in section 39-1639 apply to suc…
Neb. Rev. Stat. § 39-1651 District; withdrawal; petition; signatures required; hearing; notice; resolution of county board; obligation of district; effect.
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(1) A petition to withdraw real property from a district may be filed: (a) By persons that own not less than twenty-five percent of the territory in an area that is proposed to be withdrawn; and (b) If special assessments have been or will be imposed in such district. (2) A petit…
Neb. Rev. Stat. § 39-1652 District; consolidation; petition; hearing; notice; resolution of county board.
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(1) A petition to consolidate two or more districts in a county may be filed: (a) By persons that own not less than twenty-five percent of the territory of each district in the proposed consolidation; and (b) If special assessments have been or will be imposed in each district in…
Neb. Rev. Stat. § 39-1653 District; dissolution; petition; hearing; notice; resolution of county board; funds; disposition.
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(1) A petition for dissolution of a district may be filed: (a) By persons that own not less than twenty-five percent of the territory of the district; and (b) If special assessments have been or will be imposed in such district. (2) A petition described in subsection (1) of this …
Repealed. Laws 2026, LB1126, § 100.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1655 Rural Road Improvement District Act, how cited.
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Sections 39-1638 to 39-1655 shall be known and may be cited as the Rural Road Improvement District Act.
Neb. Rev. Stat. § 39-1701 County road purposes; property acquisition; eminent domain; power of county board.
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When in the judgment of the county board it is necessary or proper for the safety or convenience of the traveling public that additional property be secured for establishment of new roads or for improvement or maintenance of existing roads within the county, such board may on beh…
Neb. Rev. Stat. § 39-1702 County road purposes, defined; property acquisition; gift; purchase; exchange; eminent domain; authority of county board; annexation by city or village; effect.
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(1) The county board is hereby authorized to acquire, either temporarily or permanently, lands, real or personal property or any interest therein, or any easements deemed to be necessary or desirable for present or future county road purposes by gift, agreement, purchase, exchang…
Neb. Rev. Stat. § 39-1703 State lands; acquisition for county road purposes; approval of Governor and Department of Transportation; damages.
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The county board of any county and the governing authority of any city or village may acquire land owned, occupied, or controlled by the state or any state institution, board, agency, or commission, whenever such land is necessary to construct, reconstruct, improve, relocate, or …
Neb. Rev. Stat. § 39-1704 County and township roads; establishment or alteration; survey and marking; county and township boards; duties.
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Before establishing a new county or township road or before altering the location of an existing county or township road, the county board or the township board, if a township road is being established or altered, shall cause the line of such road to be accurately surveyed and pl…
Neb. Rev. Stat. § 39-1705 Survey; boundary lines; how marked.
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The centerline of a road being altered or established shall be the centerline of survey. Each angle or change of direction must be accurately determined, and the length of each course carefully measured. The distance shall be ascertained to all watercourses and summits of hills a…
Neb. Rev. Stat. § 39-1706 Survey; monuments; bearing.
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Monuments of some durable material shall be firmly established on the centerline of survey at each angle or change of direction, and the bearing taken to any permanent natural or artificial object within a reasonable distance. The distance thereof must be accurately measured and,…
Neb. Rev. Stat. § 39-1707 Survey; plat; field notes; filing.
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A correct plat of the road, together with the field notes of the surveyor, shall be filed in the office of the county surveyor. Where no regular office is maintained in the county courthouse for the county surveyor such plat and field notes shall be filed with the county clerk.
Neb. Rev. Stat. § 39-1708 Corner markers; perpetuation; duty of county board; notice of destruction.
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It shall be the duty of the county board of each county to cause to be perpetuated the existing corners of land surveys along the public roads and highways where such corners are liable to destruction, either by public travel or construction or maintenance. The board shall cause …
Neb. Rev. Stat. § 39-1709 Corner markers; loss or destruction; report to county board; liability for failure to report.
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Any person having knowledge of the loss or destruction of a corner marker of a land survey, who shall fail or neglect to report the same in writing as provided in section 39-1708 shall be liable for the expense of the resurvey and restoration of such corner, and for any damage su…
Neb. Rev. Stat. § 39-1710 New or altered roads; plats; records; duties of county board.
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After a new road has been established or an existing road altered, the county board shall cause the plat of such road to be recorded and platted in the road plat record of the county with a proper reference to the files in the office of the county clerk where the papers relating …
Neb. Rev. Stat. § 39-1711 Road plat record; contents; entries, when made; duties of county board.
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The county board shall cause a road plat record to be kept in which every road that is legally laid out must be platted. Each township shall be platted separately, on a scale of not less than four inches to the mile. All changes in or additions to the roads shall be immediately r…
Neb. Rev. Stat. § 39-1712 Resurvey; when ordered.
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When by reason of the loss or destruction of the field notes of the original survey, or in cases of defective surveys or record, or in cases of such numerous alterations of any road since the original survey that its location cannot be accurately defined by the papers on file in …
Neb. Rev. Stat. § 39-1713 Isolated land; access; affidavit; petition; hearing before county board; time; terms, defined.
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(1) When any person presents to the county board an affidavit satisfying it (a) that he or she is the owner of the real estate described therein located within the county, (b) that such real estate is shut out from all public access, other than a waterway, by being surrounded on …
Neb. Rev. Stat. § 39-1714 Isolated land; access by private road only; affidavit; petition; hearing before county board.
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Whenever all the other conditions prescribed by section 39-1713 are present and, instead of being entirely shut off from all public roads, the only access by any owner of real estate to any public road is by an established private road less than two rods in width, the county boar…
Neb. Rev. Stat. § 39-1715 Isolated land; access; hearing; notice; service; posting.
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When a hearing is to be held as provided in sections 39-1713 and 39-1714, the county board shall cause notice of the time and place of the hearing to be given by posting notices thereof in three public places in the county at least ten days before the time fixed therefor. At leas…
Neb. Rev. Stat. § 39-1716 Isolated land; access road; damages; powers of county board; costs; maintenance.
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(1) The county board shall, if it finds (a) that the conditions set forth in section 39-1713 or 39-1714 exist, (b) that the isolated land was not isolated at the time it was purchased by the owner or that the owner acquired the land directly from the State of Nebraska, (c) that t…
Neb. Rev. Stat. § 39-1717 Isolated land; location of access road.
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Whenever possible, an access road provided in accordance with section 39-1716 shall be along section lines. When the most practicable route for the access road is adjacent to a watercourse, the land to be taken for the access road shall be measured from the edge of the watercours…
Neb. Rev. Stat. § 39-1718 Isolated land; access road; order of county board; award of damages; payment; filing of order.
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If the county board decides to provide an access road in accordance with section 39-1716, the county board shall make and sign an order describing the same and file it with the county clerk, together with its award of damages which order shall be recorded by the clerk, except tha…
Neb. Rev. Stat. § 39-1718.01 Isolated land; changes in law; applicability.
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Sections 39-1713 to 39-1719 shall not apply if public access has been granted prior to July 17, 1982.
Neb. Rev. Stat. § 39-1719 Isolated land; access road; award; appeal; procedure.
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Any party to an award as provided by section 39-1718 may, within sixty days after the filing thereof, appeal therefrom to the district court of the county where the lands lie. The appeal shall be taken by serving upon the adverse party a notice of such appeal and filing such noti…
Neb. Rev. Stat. § 39-1720 Roads to bridge on county line; opening; maintenance; closing or vacating.
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Where there is, or may be hereafter constructed, a public bridge across a stream dividing two counties, it shall be the duty of the county boards of such counties to open and keep open within their respective counties a public road leading from such bridge to the most convenient …
Neb. Rev. Stat. § 39-1721 County and township roads; portions within cities or villages; subject to municipal regulations.
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Such portions of all public roads of the counties and townships as lie within the limits of any incorporated city or village shall conform to the direction and grade and be subject to all the regulations of other streets in such city or village.
Neb. Rev. Stat. § 39-1722 Road vacation or abandonment; resolution of county board directing study; report to board; permanent record; section lines declared roads; vacation or abandonment; procedure.
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(1) Except as provided in subsection (3) of this section, the county board of any county may by resolution, when it deems the public interest may require vacation or abandonment of a public road of the county, direct the county highway superintendent or in counties having no high…
Neb. Rev. Stat. § 39-1723 Road vacation or abandonment; electors' petition; contents; study and report.
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Any person desiring the vacation or abandonment of any public road of the county shall file in the office of the county clerk of the proper county, a petition signed by ten or more electors residing within ten miles of the road proposed to be vacated or abandoned, which petition …
Neb. Rev. Stat. § 39-1724 County board resolution ordering public hearing; publication; service of notice on adjacent landowners and municipality.
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(1)(a) The county board shall adopt a resolution fixing the time, date, and place for a public hearing on the issue of vacating or abandoning a public road when: (i) The county board receives the report described in section 39-1722; or (ii) The county board by resolution proposes…
Neb. Rev. Stat. § 39-1725 Order of county board; contents; conditions and vote required for vacation or abandonment; resolution; disposition.
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(1) After the public hearing described in section 39-1724, the county board shall, by resolution at its next meeting or as soon thereafter as may be practicable, vacate or abandon or refuse vacation or abandonment, as in the judgment of the board the public good may require. (2) …
Neb. Rev. Stat. § 39-1726 County operating roads on a township basis; offer to relinquish; procedure; vacation in metropolitan cities; notice to city planning director.
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(1) No fragment of a county road lying within a township in a county operating roads on a township basis shall be vacated or abandoned without first offering to relinquish it to the township. The county board shall offer to relinquish such county road by written notification to s…
Neb. Rev. Stat. § 39-1727 County roads; detachment from county road system.
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Whenever a county road has been designated and established as provided by sections 39-2001 to 39-2003, the county board may detach the same, or any part thereof, from the county road system, and cause the same to revert back as a township road. The county board shall no longer be…
Neb. Rev. Stat. § 39-1728 Barricading of county or township roads by Department of Transportation permitted; conditions; procedure.
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A county or township road may be barricaded by the road department of the state for the purpose of regulating, restricting, or prohibiting ingress and egress to a state highway upon which the department has established a limited- or controlled-access facility; Provided, that prio…
Neb. Rev. Stat. § 39-1729 Access to public roads; right assured; landowners may waive; condemnation.
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The right of reasonable convenient egress and ingress from lands or lots, abutting on an existing 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 lands or lot…
Neb. Rev. Stat. § 39-1730 Public roads; elimination of railroad crossings; petition; procedure.
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Upon the petition of the owner or operator of any railroad, the county board is authorized to vacate such part of a public road, outside of incorporated cities and villages, lying within the right-of-way of such railroad, and not part of a state highway, if it appears that such c…
Neb. Rev. Stat. § 39-1731 Roads along or across county line; discontinuance.
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Roads established by the concurrent action of the county boards of two or more counties can be discontinued only by the concurrent action of the county boards of the several counties in which the same may be situated; but such roads shall be treated in all other respects as other…
Neb. Rev. Stat. § 39-1801 County and township roads; temporary closing; detours; authority of county and township board; barricades; violation; penalty.
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Whenever a county or township road or a part of such road is impassable or unusually dangerous to travel, whenever it becomes necessary because of construction or maintenance work to suspend all or part of the travel on such road, or whenever justified by necessity in order to pr…
Neb. Rev. Stat. § 39-1802 Public roads; drainage facilities; construction and maintenance; authority of county board or road overseer; damage to property outside of right-of-way; notice.
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The county board shall have the authority to construct, maintain, and improve drainage facilities on the public roads of the county. The county board also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measure…
Neb. Rev. Stat. § 39-1803 Public road within city limits; maintenance by county; when authorized.
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(1) In any case in which the boundary line of an incorporated city extends in and along a public road, which road has not been paved or macadamized, then the county board of any county in which such road lies is hereby authorized and empowered to maintain and keep in repair and p…
Neb. Rev. Stat. § 39-1804 Main thoroughfare through cities and villages of 1,500 inhabitants or less; graveling by county; when authorized; chargeable to Highway Allocation Fund.
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The county board may, with the approval of the mayor and council or the chairperson and board of trustees, as the case may be, whenever conditions warrant, furnish, deliver, and spread gravel of a depth not exceeding three inches on certain streets in cities of the second class a…
Neb. Rev. Stat. § 39-1805 Snow fences; access to adjacent property authorized; damages; payment.
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The county board shall cause the county roads to be kept sufficiently clear of snow and ice so as to be reasonably safe for travel. The county shall have the authority to enter upon private or public property adjacent to any county road and to place and maintain thereon snow fenc…
Neb. Rev. Stat. § 39-1806 Snow fences; refusal of access to lands; willful or malicious damage; other violations; penalty.
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Any person who shall refuse to allow an agent or employee of the county board access to any lands for the purpose of installing, maintaining or removing any snow fences, or any person who shall violate any other provision of section 39-1805, or any person who shall willfully or m…
Neb. Rev. Stat. § 39-1807 Road lighting system; installation, maintenance, operation; powers of county board.
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The county board of any county, as a part of its duties, shall have power and authority to contract for the installment, maintenance, and operation of road lighting systems, sufficient to light any county road, or any portion thereof in its county, when, in the judgment of the co…
Neb. Rev. Stat. § 39-1808 Livestock lanes; when provided by county board.
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Whenever the condition of any sand roadbed shall be such that the driving of cattle or other livestock thereon will destroy or impair said sand roadbed, the county board may at its discretion, locate, build, and maintain lanes or other driveways adjacent to said road through whic…
Neb. Rev. Stat. § 39-1809 Livestock lanes; establishment; maintenance; powers of county board.
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In the establishment and maintenance of such lanes and driveways the county board shall have the same powers and follow the same procedure as is provided by law for the establishment and maintenance of public roads and highways, except as to bridges, culverts and the grading of s…
Neb. Rev. Stat. § 39-1810 Livestock lanes; driving livestock on adjacent highway; penalty.
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Any person who shall drive or assist in driving any cattle or livestock over a public road where such lane or driveway has been established as provided in section 39-1808 shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 39-1811 Weeds; mowing; duty of landowner; neglect of duty; obligation of county board; cost; assessment and collection.
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(1) It shall be the duty of the landowners in this state to mow all weeds that can be mowed with the ordinary farm mower to the middle of all public roads and drainage ditches running along their lands at least twice each year, namely, sometime in July for the first time and some…