Chapter 39 — HIGHWAYS AND BRIDGES
1,079 sections in this chapter.
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Repealed. Laws 1955, c. 164, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1301 State highways; declaration of legislative intent.
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(1) Recognizing that safe and efficient highway transportation is a matter of important interest to all of the people in the state, the Legislature hereby determines and declares that an integrated system of highways is essential to the general welfare of the State of Nebraska. (…
Neb. Rev. Stat. § 39-1302 Terms, defined.
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For purposes of sections 39-1301 to 39-1393, unless the context otherwise requires: (1) Abandon means to reject all or part of the department's rights and responsibilities relating to all or part of a fragment, section, or route on the state highway system; (2) Alley means an est…
Repealed. Laws 1967, c. 235, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1304 State highways; federal aid; state assents.
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The legislative assent required by section 1 of the Act of Congress approved July 11, 1916, Public Law 156, entitled An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes, is hereby given. The Legislature lik…
Neb. Rev. Stat. § 39-1304.01 State highways; federal aid; further assent.
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The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304.
Neb. Rev. Stat. § 39-1304.02 State highways; federal aid; relocation of public utilities; cost; limitation.
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Whenever any utility facility which now is, or hereafter may be, located in, over, along, or under any highway or urban extension thereof which is a part of the National System of Interstate and Defense Highways as defined in the Federal Aid Highway Act of 1956, and qualifying fo…
Neb. Rev. Stat. § 39-1304.03 State highways; federal aid; further assent.
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The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304, and amendments thereto.
Neb. Rev. Stat. § 39-1305 Federal aid; cooperation with federal government; agreements authorized.
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The department shall have the authority to make all contracts and do all things necessary to cooperate with the United States Government in matters relating to the cooperative construction or improvement of the state highway system, or any road or street of any political or gover…
Neb. Rev. Stat. § 39-1305.01 Projects for which federal funds are available; department; powers and duties.
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The department may plan, design, construct, maintain, or otherwise undertake projects for which federal funds are available as a National Highway System project under 23 U.S.C. 103(i), as a Surface Transportation Program project under 23 U.S.C. 133(b), or as a Public Lands Highwa…
Neb. Rev. Stat. § 39-1306 Federal aid; political subdivisions; department; agreements; unused funds; allocation.
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Any political or governmental subdivision or any public corporation of this state shall have the authority to enter into agreements with the federal government through or with the department to enable them to participate in all the benefits to be secured from federal-aid funds, o…
Neb. Rev. Stat. § 39-1306.01 Federal aid; political subdivisions; department; unused funds; allocation.
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Unused funds shall be made available by the department to other political or governmental subdivisions or public corporations for an additional period of six months. The department shall likewise make available unused funds from allotments which have been made prior to December 2…
Neb. Rev. Stat. § 39-1306.02 Federal aid; political subdivisions; allotment; department; duration; notice.
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When any political or governmental subdivision or any public corporation of this state has an allotment of federal-aid funds made available to it by the federal government, the department shall give notice to the political or governmental subdivision of the amount of such funds t…
Neb. Rev. Stat. § 39-1306.03 United States Department of Transportation; department assume responsibilities; agreements authorized; waiver of immunity; department; powers and duties.
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(1) The department may assume, pursuant to 23 U.S.C. 326, all or part of the responsibilities of the United States Department of Transportation: (a) For determining whether federal-aid design and construction projects are categorically excluded from requirements for environmental…
Neb. Rev. Stat. § 39-1307 Department; political subdivisions; highways, roads, streets; constructing, maintaining, improving, financing; agreements.
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The department, on behalf of the state, and any political or governmental subdivision or public corporation of this state shall have the authority to enter into agreements with each other respecting the planning, designating, financing, establishing, constructing, improving, main…
Neb. Rev. Stat. § 39-1308 Department; political subdivisions; advisory capacity; planning, locating, constructing, maintaining; highways, roads, streets.
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The department shall have the authority to act in an advisory capacity, upon request, to any political or governmental subdivision or public corporation of this state in matters pertaining to the planning, locating, constructing, and maintaining of roads, highways, and streets an…
Neb. Rev. Stat. § 39-1309 State highway system; designation; redesignation; factors.
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(1) The map prepared by the State Highway Commission showing a proposed state highway system in Nebraska, filed with the Clerk of the Legislature and referred to in the resolution filed with the Legislature on February 3, 1955, is hereby adopted by the Legislature as the state hi…
Neb. Rev. Stat. § 39-1309.01 Temporary detour designated part of state highway system; Director-State Engineer; powers; duties.
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The Director-State Engineer may waive the consideration of factors pursuant to section 39-1309 before a county road used as a temporary detour for the state highway system is designated as part of such state highway system. The director may designate a county road as part of the …
Repealed. Laws 1976, LB 724, § 11.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1311 State highway system; department; maintain current map; contents; corridor location; map; notice; beltway; duties.
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(1) The department at all times shall maintain a current map of the state, which shall show all the roads, highways, and connecting links which have been designated, located, created, or constituted as part of the state highway system, including all corridors. All changes in desi…
Neb. Rev. Stat. § 39-1311.01 Corridor map; copy; transmit.
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The department shall transmit a copy of the map required by subsection (2) of section 39-1311 to the officer responsible for review of preliminary subdivision plats and to the officer responsible for issuance of building permits or, if subdivision plats or building permits are no…
Neb. Rev. Stat. § 39-1311.02 Corridor; review of preliminary subdivision plat; building permit; required.
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(1) A review of a preliminary subdivision plat shall be required for all proposals to subdivide land or to make public or private improvements on all land within an approved corridor. (2) A building permit shall be required for all structures within an approved corridor if the ac…
Neb. Rev. Stat. § 39-1311.03 Corridor; proposed subdivision plat; building permit; notice; statement of intent; issuance.
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(1) Upon the filing of a request for a review of a proposed subdivision plat on a parcel located within a corridor, the officer responsible for reviewing subdivision plats or, if the review of a subdivision plat is required only by virtue of sections 39-1311 to 39-1311.05, the co…
Neb. Rev. Stat. § 39-1311.04 Corridor; building permit; subdivision plat; county clerk; issuance or approval; when.
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When an officer is not now authorized to issue building permits, the county clerk shall be authorized to review and approve subdivision plats or issue building permits required by the provisions of sections 39-1311 to 39-1311.05.
Neb. Rev. Stat. § 39-1311.05 Sections; no condition precedent to acquisition of rights-of-way.
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Nothing in sections 39-1311 to 39-1311.05 shall be deemed a condition precedent to the acquisition of rights-of-way by purchase or by eminent domain.
Repealed. Laws 1976, LB 724, § 11.
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[Repealed or reserved.]
Neb. Rev. Stat. § 39-1313 State highways; abandonment; relinquishment; hearing.
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The department shall have the authority, with the advice of the State Highway Commission and the consent of the Governor, to relinquish or abandon fragments of routes, sections of routes, or routes on the state highway system; Provided, that abandonment or relinquishment is accom…
Neb. Rev. Stat. § 39-1314 State highways; relinquishment; abandonment; fragment or section; offer to political subdivision; procedure; memorandum of understanding; contents.
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No fragment or section of a route nor any route on the state highway system shall be abandoned without first offering to relinquish such fragment, section, or route to the political or governmental subdivisions or public corporations wherein any portion of the state highway syste…
Neb. Rev. Stat. § 39-1315 State highways; abandonment; written instrument; filing.
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Before any fragment, section, or route on the state highway system shall be abandoned, the department shall place upon public record in the department a written instrument describing the proposed abandonment. Such written instrument shall bear the department seal and shall be dat…
Neb. Rev. Stat. § 39-1315.01 State highways; removal from state highway system; conditions.
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No road or highway shall be removed from the state highway system until a minimum of three years after such road or highway has been improved with a surface of concrete, asphalt, or material of similar quality, covering at least two traffic lanes, and then only after a determinat…
Neb. Rev. Stat. § 39-1316 State highway system; establishment, construction, maintenance; plans and specifications.
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The department shall be responsible for the preparation and adoption of plans and specifications for the establishment, construction, and maintenance of the state highway system. Such plans and specifications may be amended, from time to time, as the department deems advisable. S…
Neb. Rev. Stat. § 39-1317 State highways; surveys and research.
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The department shall have the authority to make investigations and to collect and analyze all relevant data relating to (1) road planning studies, (2) traffic problems, (3) financial conditions, and (4) problems relating to state, county, township, municipal, federal, and all oth…
Neb. Rev. Stat. § 39-1318 Inspection and testing of materials.
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The department shall have the authority to make tests, do research, to inspect and test all materials, supplies, equipment, and machinery used for state purposes or projects involving federal funds, and to develop methods and procedures for this purpose.
Neb. Rev. Stat. § 39-1319 Testing laboratory; purpose.
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The department shall have the authority to maintain and develop a testing laboratory to carry out the requirements of the provisions of section 39-1318.
Neb. Rev. Stat. § 39-1320 State highway purposes; acquisition of property; eminent domain; purposes enumerated.
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(1) The department is hereby authorized to acquire, either temporarily or permanently, lands, real or personal property or any interests therein, or any easements deemed to be necessary or desirable for present or future state highway purposes by gift, agreement, purchase, exchan…
Neb. Rev. Stat. § 39-1320.01 Taking of threatened or endangered species, habitat of such species, or wetlands; mitigation bank or in-lieu-fee program; department; powers; sum in lieu of ad valorem taxes; when required.
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(1) The department may establish, use, and operate a mitigation bank or an in-lieu-fee program in accordance with applicable state and federal laws. (2) The purpose of the mitigation bank or in-lieu-fee program is to provide compensatory mitigation for the following when compensa…