Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Neb. Rev. Stat. § 39-2113 Board of Public Roads Classifications and Standards; minimum standards; signs required; when; rule for relaxing; request for review; decision; additional programs.
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(1) In addition to the duties imposed upon it by section 39-2109, the Board of Public Roads Classifications and Standards shall develop minimum standards of design, construction, and maintenance for each functional classification set forth in sections 39-2103 and 39-2104. Except …
Neb. Rev. Stat. § 39-2114 Counties and municipalities; contract between themselves.
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In order to achieve the efficiencies and economics resulting from unified operations, the Legislature encourages the counties and municipalities to make use of the Interlocal Cooperation Act or the Joint Public Agency Act by contracting between and among themselves for cooperativ…
Neb. Rev. Stat. § 39-2115 Six-year plan or program; basis; certification form; failure to file; penalty; funds placed in escrow.
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The Department of Transportation and each county and municipality shall develop, adopt, maintain as a public record, and annually update a long-range, six-year plan or program of highway, road, and street improvements based on priority of needs and calculated to contribute to the…
Repealed. Laws 2019, LB82, § 18.
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[Repealed or reserved.]
Repealed. Laws 2019, LB82, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-2118 Department of Transportation; plan or program for specific highway improvements; certify compliance with Board of Public Roads Classifications and Standards.
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The Department of Transportation shall annually develop, adopt, and maintain as a public record a plan or program for specific highway improvements for the current year. In so doing, the department shall take into account all federal funds which will be available to the departmen…
Neb. Rev. Stat. § 39-2119 Counties and municipalities; plan or program for specific improvements; hearing; duty to certify compliance; penalty; funds placed in escrow.
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Each county and municipality shall annually develop, adopt, and maintain as a public record, a one-year plan or program for specific highway, road, or street improvements for the current year. No such plan or program, or revision to such plan or program, shall be adopted until af…
Repealed. Laws 2019, LB82, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-212 Acquisition of interest in property; control of advertising outside of right-of-way; compensation; removal; costs; payment by department.
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(1) The Department of Transportation may acquire the interest in real or personal property necessary to exercise the power authorized by subdivision (2)(m) of section 39-1320 and to pay just compensation upon removal of the following outdoor advertising signs, displays, and devic…
Neb. Rev. Stat. § 39-2120 Certification form for annual filing; Board of Public Roads Classifications and Standards; develop; contents.
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The Board of Public Roads Classifications and Standards shall develop and schedule for implementation a certification form for annual filing pursuant to section 39-2121 by the Department of Transportation and each county and municipality. The certification form shall include: (1)…
Neb. Rev. Stat. § 39-2121 Department of Transportation; counties; municipalities; certification form; filing; penalty; when imposed; appeal.
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(1) The certification form required to be filed with the Board of Public Roads Classifications and Standards pursuant to section 39-2120 shall be filed annually by the Department of Transportation by July 31 and by each county and municipality by October 31. (2) If any county or …
Neb. Rev. Stat. § 39-2122 Board of Public Roads Classifications and Standards; powers.
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The Board of Public Roads Classifications and Standards may make occasional random checks of county and municipal construction projects to determine that the standards of design and construction developed under section 39-2113 are being met.
Repealed. Laws 2014, LB 757, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-2124 Legislative intent.
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It is the intent of the Legislature to recognize the responsibilities of the Department of Transportation, of the counties, and of the municipalities in their planning programs as authorized by state law and by home rule charter and to encourage the acceptance and implementation …
Neb. Rev. Stat. § 39-2125 Sections, how construed.
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Sections 13-914 and 39-2101 to 39-2125 shall be construed as an independent act, complete in itself, and in the event of conflict between any provisions of sections 13-914 and 39-2101 to 39-2125 and any other statutes, the provisions of sections 13-914 and 39-2101 to 39-2125 shal…
Neb. Rev. Stat. § 39-213 Control of advertising outside of right-of-way; agreements authorized; commercial and industrial zones; provisions.
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(1) In order that this state may qualify for the payments authorized in 23 U.S.C. 131(c) and (e), and to comply with the provisions of 23 U.S.C. 131 as revised and amended on October 22, 1965, by Public Law 89-285, the Nebraska Department of Transportation, for and in the name of…
Neb. Rev. Stat. § 39-214 Control of advertising outside of right-of-way; adoption of rules and regulations by Department of Transportation; minimum requirements.
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Whenever advertising rights are acquired by the Department of Transportation pursuant to subdivision (2)(m) of section 39-1320 or an agreement has been entered into as authorized by section 39-213, it shall be the duty of the department to adopt and promulgate reasonable rules an…
Neb. Rev. Stat. § 39-215 Prohibition of advertising visible from main-traveled way; other signs permitted; where; criteria listed.
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(1) Except as provided in sections 39-212 to 39-222, the erection or maintenance of any advertising sign, display, or device which is visible from the main-traveled way of the Highway Beautification Control System is prohibited. On-premise signs, directional and official signs, a…
Neb. Rev. Stat. § 39-216 Control of advertising visible from main-traveled way; unlawful; when permitted; written lease and permit from Department of Transportation.
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It shall be unlawful for any person to place or cause to be placed any advertising sign, display, or device which is visible from the main-traveled way of the Highway Beautification Control System or upon land not owned by such person, without first procuring a written lease from…
Neb. Rev. Stat. § 39-217 Scenic byway designations.
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(1) The Department of Transportation may designate portions of the state highway system as a scenic byway when the highway corridor possesses unusual, exceptional, or distinctive scenic, historic, recreational, cultural, or archeological features. The department shall adopt and p…
Neb. Rev. Stat. § 39-218 Scenic byways; prohibition of signs visible from main-traveled way; exceptions.
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No sign shall be erected which is visible from the main-traveled way of any scenic byway except (1) directional and official signs to include, but not be limited to, signs and notices pertaining to natural wonders, scenic attractions, and historical attractions, (2) signs, displa…
Neb. Rev. Stat. § 39-219 Control of advertising outside of right-of-way; erected prior to March 27, 1972; effect.
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Outdoor advertising signs, displays, and devices erected prior to March 27, 1972, may continue in zoned or unzoned commercial or industrial areas, notwithstanding the fact that such outdoor advertising signs, displays, and devices do not comply with standards and criteria establi…
Neb. Rev. Stat. § 39-220 Control of advertising visible from main-traveled way; permit; rules and regulations.
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The Department of Transportation may at its discretion require permits for advertising signs, displays, or devices which are placed or allowed to exist along or upon the Highway Beautification Control System or which are at any point visible from the main-traveled way of the High…
Neb. Rev. Stat. § 39-2201 Terms, defined.
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As used in the Nebraska Highway Bond Act, unless the context otherwise requires: (1) Bond fund shall mean the Highway Restoration and Improvement Bond Fund created in section 39-2215.01; (2) Bonds shall mean the bonds authorized to be issued under the Nebraska Highway Bond Act an…
Neb. Rev. Stat. § 39-2202 Legislative findings and intent.
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The Legislature finds that safe and modern highway infrastructure is of great importance to Nebraska's residents, agricultural economy, business economy, and future economic growth. Furthermore, the Legislature finds that it is in the interest of Nebraska taxpayers to leverage in…
Neb. Rev. Stat. § 39-2203 Bonds; issuance; amount; commission; powers.
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The commission acting for and on behalf of the state may issue from time to time bonds in such principal amounts as shall be necessary to provide sufficient funds to defray any or all of the cost of construction of highways. The principal amount of the bonds so authorized to be i…
Neb. Rev. Stat. § 39-2203.01 Build Nebraska Act; highway construction projects; bonds; issuance; terms and conditions; proceeds; use; commission; powers; bonds; maturity date.
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Upon the written recommendation of the Department of Transportation, the commission, acting for and on behalf of the state, may issue from time to time bonds under the Nebraska Highway Bond Act by resolution as described in section 39-2209 in such principal amounts as determined …
Neb. Rev. Stat. § 39-2204 Attorney General; legal advisor to commission; Auditor of Public Accounts; books; audit annually.
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(1) The Attorney General shall serve as legal advisor to the commission and, to assist him or her in the performance of his or her duties as such, may authorize the commission to employ special bond counsel. (2) The Auditor of Public Accounts shall audit the books of the commissi…
Neb. Rev. Stat. § 39-2205 Bonds; issuance; amount.
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Bonds may be issued under the Nebraska Highway Bond Act only to the extent that the annual aggregate principal and interest requirements, in the calendar year in which such bonds are issued and in each calendar year thereafter until the scheduled maturity of such bonds, on such b…
Neb. Rev. Stat. § 39-2206 Bonds; negotiable instruments.
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Whether or not the bonds are of such form and character as to be negotiable instruments under article 8, Uniform Commercial Code, the bonds shall be and hereby are made negotiable instruments within the meaning and for all purposes of article 8, Uniform Commercial Code, with the …
Neb. Rev. Stat. § 39-2207 Bonds; date; maturity; interest; redemption; sale.
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The bonds shall be authorized by resolution or resolutions of the commission, bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration and conversion…
Neb. Rev. Stat. § 39-2208 Interim receipts; exchangeable for definitive bonds; mutilated, destroyed, stolen, or lost; replacement; security.
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Prior to the preparation of definitive bonds, the commission may issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The commission may also provide for the …
Neb. Rev. Stat. § 39-2209 Resolution authorizing issuance of bonds; contents.
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Any resolution or resolutions of the commission authorizing any bonds or any issue thereof may contain provisions, consistent with the Nebraska Highway Bond Act and not in derogation or limitation of such act, which shall be a part of the contract with the holders thereof, as to:…
Neb. Rev. Stat. § 39-221 Control of advertising outside of right-of-way; compliance; damages; violations; penalty.
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Any person, firm, company, or corporation violating any of the provisions of sections 39-212 to 39-222 shall be guilty of a Class V misdemeanor. In addition to any other available remedies, the Director-State Engineer, for the Department of Transportation and in the name of the S…
Neb. Rev. Stat. § 39-2210 Commission; retirement of bonds; powers.
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The commission, subject to such agreements with bondholders as may then prevail, shall have the power out of any money available therefor to purchase the bonds for retirement.
Neb. Rev. Stat. § 39-2211 Commission; bonds; issuance; agreements; contents; powers.
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In addition to the powers conferred upon the commission to secure the bonds in the Nebraska Highway Bond Act, the commission shall have power in connection with the issuance of bonds to enter into such agreements, consistent with the act and not in derogation or limitation of the…
Neb. Rev. Stat. § 39-2212 Pledge or security agreement; lien on funds.
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Any pledge or security instrument made by the commission shall be valid and binding from the time when the pledge or security instrument is made. The money in the fund, the State Highway Capital Improvement Fund, or the bond fund so pledged and entrusted shall immediately be subj…
Neb. Rev. Stat. § 39-2213 Bonds; special obligations of state; payment.
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The bonds shall be special obligations of the state payable solely and only from the fund, the State Highway Capital Improvement Fund, or the bond fund, as the case may be, and neither the members of the commission nor any person executing the bonds shall be liable thereon. Such …
Neb. Rev. Stat. § 39-2213.01 Build Nebraska Act; highway construction projects; bonds; special obligations of state; payment; exempt from taxation and assessments; waiver of exemption.
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The bonds issued pursuant to section 39-2203.01 shall be special obligations of the state payable solely and only from the State Highway Capital Improvement Fund and any other funds specifically pledged by the commission for such purpose, and neither the members of the commission…
Neb. Rev. Stat. § 39-2214 State; pledge with holders of bonds.
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The state pledges and agrees with the holders of any bonds issued under the Nebraska Highway Bond Act that it will not limit or alter or in any way impair the rights and remedies of such holders until such bonds, together with the interest thereon, the interest on any unpaid inst…
Neb. Rev. Stat. § 39-2215 Highway Trust Fund; created; credit to the State Highway Capital Improvement Fund; allocation of remainder; investment; State Treasurer; transfer; disbursements.
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(1) There is hereby created in the state treasury a special fund to be known as the Highway Trust Fund. (2) Except as provided in subsection (4) of this section, all funds credited to the Highway Trust Fund pursuant to sections 66-489.02, 66-499, 66-4,140, 66-4,147, 66-6,108, and…
Neb. Rev. Stat. § 39-2215.01 Highway Restoration and Improvement Bond Fund; created; use; investment.
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(1) There is hereby created in the state treasury a fund to be known as the Highway Restoration and Improvement Bond Fund. (2) If bonds are issued pursuant to subsection (2) of section 39-2223, all motor vehicle fuel taxes, diesel fuel taxes, compressed fuel taxes, and alternativ…
Neb. Rev. Stat. § 39-2215.02 State Highway Capital Improvement Fund; pledged for bonds; disbursement; investment.
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(1) If bonds are issued pursuant to subsection (3) of section 39-2223, seventy million dollars of the funds annually retained by the state and allocated to the State Highway Capital Improvement Fund pursuant to subsection (4) of section 39-2215 shall be hereby irrevocably pledged…
Neb. Rev. Stat. § 39-2216 Legislature; holders of bonds; pledges not to repeal, diminish, or apply funds for other uses.
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The Legislature hereby irrevocably pledges and agrees with the holders of the bonds issued under the Nebraska Highway Bond Act that so long as such bonds remain outstanding and unpaid it shall not repeal, diminish, or apply to any other purposes the motor vehicle fuel taxes, dies…
Neb. Rev. Stat. § 39-2217 Bondholders; rights protected; suit at law or in equity.
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Any holder of bonds issued under the Nebraska Highway Bond Act or any of the coupons appertaining thereto, except to the extent the rights given by such act may be restricted by resolution of the commission, may, either at law or in equity, by suit, action, mandamus, or other pro…
Neb. Rev. Stat. § 39-2218 Bonds; legal obligations; investment.
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The bonds are hereby made securities in which all public officers, boards, agencies, and bodies of the state, its counties, political subdivisions, public corporations, and municipalities and the officers, boards, agencies or bodies of any of them, all insurance companies and ass…
Neb. Rev. Stat. § 39-2219 Bonds; interest; exempt from taxation.
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It is hereby found, determined, and declared that there exists a need for the construction of highways in this state requiring the issuance of bonds by the commission acting for and on behalf of the state, all as more fully provided in the Nebraska Highway Bond Act, that the crea…
Neb. Rev. Stat. § 39-222 Control of advertising outside of right-of-way; eminent domain; authorized.
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Sections 39-212 to 39-221 shall not be construed to prevent the Department of Transportation from (1) exercising the power of eminent domain to accomplish the removal of any sign or signs or (2) acquiring any interest in real or personal property necessary to exercise the powers …
Repealed. Laws 2000, LB 1135, § 34.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-2221 Act, how construed.
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The Nebraska Highway Bond Act is supplemental to existing statutes and shall not be construed as repealing or amending existing statutes but shall be construed harmoniously and implemented compatibly with them.