Chapter 39, HIGHWAYS AND BRIDGES
569 sections in this chapter.
Neb. Rev. Stat. § 39-1323 Lands of state; acquisition; purpose; consent of Governor required; procedure.
1.2K chars
The department may acquire land, as provided for by sections 72-224.02 and 72-224.03, whenever such land is necessary to construct, reconstruct, improve, relocate, and maintain the state highway system and to provide adequate drainage for and access facilities to such highways. T…
Neb. Rev. Stat. § 39-1323.01 Lands acquired for highway purposes; lease, rental, or permit for use; authorization; proprietary purposes permitted; disposition of rental funds; conditions, covenants, exceptions, reservations.
1.4K chars
The Nebraska Department of Transportation, subject to the approval of the Governor, and the United States Department of Transportation if such department has a financial interest, is authorized to lease, rent, or permit for use, any area, or land and the buildings thereon, which …
Neb. Rev. Stat. § 39-1324 Surveys; authority to enter land; damages.
0.9K chars
The department shall have authority to enter upon any property to make surveys, examinations, investigations, and tests, and to acquire other necessary and relevant data in contemplation of (1) establishing the location of a road, street, or highway, (2) acquiring land, property,…
Neb. Rev. Stat. § 39-1325 Real property; power of department to sell and convey excess.
0.4K chars
The department shall have the authority to sell and convey, with the approval of the Governor, any part of or any interest in real property held by the department which is no longer deemed necessary or desirable for highway purposes. The sale or conveyance of such real property s…
Neb. Rev. Stat. § 39-1326 Real property; sale, deed; bill of sale; execution; conditions; disposition of proceeds.
0.7K chars
The Director-State Engineer, for the department, and in the name of the State of Nebraska, may execute, acknowledge, seal, and deliver all deeds, bills of sale, and other instruments necessary and proper to carry out the sale and exchange of real property. Such deeds, bills of sa…
Neb. Rev. Stat. § 39-1327 State highways; access rights; acquisition; damages.
1.7K chars
The department, with the advice of the State Highway Commission and the consent of the Governor, shall designate and establish controlled-access facilities. Upon such consent, the department (1) is authorized to designate and establish controlled-access facilities, (2) may design…
Neb. Rev. Stat. § 39-1328 State highways; frontage roads; abutting owners, egress and ingress.
0.8K chars
The department is authorized to designate, establish, design, construct, maintain, vacate, alter, improve, and regulate frontage roads within the boundaries of any present or hereafter acquired right-of-way and to exercise the same jurisdiction over such frontage roads as is auth…
Neb. Rev. Stat. § 39-1328.01 State highways; frontage roads; request by municipality, county, or property owners; right-of-way acquired by purchase or lease; department; maintenance.
1.6K chars
Whenever a highway not a freeway, which formerly traversed the corporate limits of a municipality of not more than five thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Cen…
Neb. Rev. Stat. § 39-1328.02 State highways; frontage roads; request by municipality, county, or property owners; consent of federal government, when; right-of-way; reimbursement; maintenance.
2.1K chars
Whenever a highway not a freeway, which formerly traversed the corporate limits of a municipality, has been relocated since January 1, 1960, and has been made or will be made a controlled-access facility, and the department has not provided any frontage road as authorized by sect…
Neb. Rev. Stat. § 39-1329 State highways; egress and ingress, when required; department; prescribe access.
0.8K chars
The right of reasonable convenient egress and ingress from lands or lots, abutting on an existing highway, 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 la…
Neb. Rev. Stat. § 39-1330 State highways; acquisition of property for right-of-way; department powers; reasonable access required.
0.7K chars
In connection with the acquisition of real property for new right-of-way or additional right-of-way for any highway to be constructed, relocated, or reconstructed in either rural or urban areas and paid for in whole or in part with federal or state highway funds, the department m…
Neb. Rev. Stat. § 39-1331 State highways; farm land; severed tracts; access.
0.8K chars
Whenever the location, relocation, establishment, construction, or reconstruction of a highway causes the severance of real property, which is being used for farm or other agricultural purposes and title thereto is held under one owner, the department shall make provision for cro…
Neb. Rev. Stat. § 39-1332 State highways; construction and maintenance of access road; written permit required, when.
0.9K chars
No person shall construct, use, or permit to be used on property owned or occupied by such person any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without first obtaining a written permit from the department…
Neb. Rev. Stat. § 39-1333 State highways; access; department; adopt rules and regulations; issue permits.
1.4K chars
The department may adopt reasonable rules and regulations and issue permits for the construction or use of any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to highway rights-of-way. Such rules and regulations and such permits may inc…
Neb. Rev. Stat. § 39-1334 State highways; access; permit; violation; actions.
1.0K chars
The Director-State Engineer, for the department and in the name of the State of Nebraska, may prosecute to final determination any action, suit, or proceeding which in his judgment is necessary for the preservation of public safety, the promotion of the general welfare, and to ca…
Neb. Rev. Stat. § 39-1335 State highways; access; use of adjoining property; permit; rules and regulations; violation; penalty.
0.9K chars
Any person who shall construct, use, or permit to be used on property owned or occupied by such person any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without a permit from the department, when a permit is …
Neb. Rev. Stat. § 39-1336 Department; political subdivision; access highways; construction, maintenance, location, vacation; agreement.
0.4K chars
The department and the governing bodies of any political or governmental subdivision or any public corporation of this state may enter into agreements with each other respecting the planning, designating, financing, establishing, constructing, improving, maintaining, using, alter…
Neb. Rev. Stat. § 39-1337 State highway system and highway approach; department; construction, maintenance, control; improvement; sufficiency rating.
1.0K chars
(1) The construction, maintenance, protection, and control of the state highway system shall be under the authority and responsibility of the department, except as otherwise provided in sections 39-1339 and 39-1372. (2) The construction, reconstruction, relocation, improvement, o…
Neb. Rev. Stat. § 39-1338 State highways; drainage; construct, maintain, improve facilities; damages.
0.8K chars
The department shall have the authority to construct, maintain, and improve drainage facilities on the state highway system. The department also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measures beyond t…
Neb. Rev. Stat. § 39-1339 State highway system; connecting links, defined; duty of department.
3.3K chars
Except as provided in section 39-1372, the responsibility of the department for the maintenance of connecting links on the state highway system shall be determined in accordance with the following provisions: (1) The department shall be liable for the cost of surface maintenance …
Neb. Rev. Stat. § 39-1340 State highways; additional width or capacity; political subdivisions; agreement.
0.8K chars
The governing body of any political or governmental subdivision or public corporation may enter into a written agreement with the department for the construction of a highway, structure, or appurtenance thereto, of greater width or capacity than would be necessary to accommodate …
Neb. Rev. Stat. § 39-1341 State highways; additional width; political subdivisions; agreement; payment.
0.6K chars
The governing body of any political or governmental subdivision or public corporation may enter into a written agreement with the department for the maintenance of the additional width, as provided for in section 39-1305, by the department and from time to time, in accordance wit…
Neb. Rev. Stat. § 39-1342 State highways; construction and maintenance of illumination; sidewalks; safety devices.
0.5K chars
The department shall have the authority to construct and maintain highway illumination and sidewalks along such parts of the state highway system as are necessary for safety and public welfare. The department may also erect and maintain any other appurtenances to the state highwa…
Neb. Rev. Stat. § 39-1343 State highway system; department; emergencies; powers.
0.4K chars
When, in the opinion of the department, an emergency or unusual condition exists requiring immediate action in order to preserve, continue, open, reopen, or provide for safe conditions on a fragment, portion, or route on the state highway system, the department may make necessary…
Neb. Rev. Stat. § 39-1344 State highways; removal of snow and ice; powers and duties.
0.8K chars
The department shall keep the highways, except the connecting links, sufficiently clear of snow and ice so as to be reasonably safe for travel. The department shall have the authority to enter upon private and public property adjacent to any highway and place and maintain thereon…
Neb. Rev. Stat. § 39-1345 State highways; temporarily close; powers and duties.
0.8K chars
The department shall have the authority to close temporarily any part or all of a highway. Whenever the department closes such highway or part thereof, the department or its contractor shall erect, at both ends of the portion of the highway so closed, suitable barricades, fences,…
Neb. Rev. Stat. § 39-1345.01 State highways; public use while under construction, repair, or maintenance; contractor; liability.
0.4K chars
Whenever the department, under the authority of section 39-1345, permits the public use of a highway undergoing construction, repair, or maintenance in lieu of a detour route, the contractor shall not be held responsible for damages to those portions of the project upon which the…
Neb. Rev. Stat. § 39-1345.02 State highways; construction; contractor; liability.
0.2K chars
A contractor shall not be held responsible, either during construction or after construction is completed, for damages which may result from or be due to inadequate, faulty, or insufficient design, plans, or specifications.
Neb. Rev. Stat. § 39-1346 State highway system; detours; temporary route part of system.
0.6K chars
When (1) any portion of the state highway system is impassable or dangerous to travel, (2) it shall be deemed necessary, because of construction or maintenance work or for other reasons, to suspend all or part of the travel thereon, or (3) it is impracticable to maintain any port…
Neb. Rev. Stat. § 39-1347 County roads; city and village streets; authority to use for detour; duties of department.
0.8K chars
Authority is granted to the department to use any road or street as a detour for the state highway system. During the time that said detour is in effect, the same shall in all respects be the responsibility of the department; Provided, that such authority and responsibility shall…
Neb. Rev. Stat. § 39-1348 Construction; plans and specifications; advertisement for bids; failure of publication; effect; powers of department.
3.3K chars
(1) Except as otherwise provided in sections 39-2808 to 39-2823, when letting contracts for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, the department shall solicit bids as follows: (a)(i) For contracts with an…
Neb. Rev. Stat. § 39-1349 Construction contracts; letting; procedure; interest on retained payments; exception; predetermined minimum wages; powers of department.
3.8K chars
(1) Except as provided in subsections (5) and (6) of this section, all contracts for the construction, reconstruction, improvement, maintenance, or repair of state highway system roads and bridges and their appurtenances shall be let by the department to the lowest responsible bi…
Neb. Rev. Stat. § 39-1350 Bids; contracts; department powers; department authorized to act for political subdivision.
0.6K chars
The department shall have the authority to act for any political or governmental subdivision or public corporation of this state for the purpose of taking bids or letting contracts for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and th…
Neb. Rev. Stat. § 39-1351 Construction contracts; bidders; qualifications; evaluation by department; powers of department.
2.2K chars
(1) Except as provided in subsection (2) of this section, any person desiring to submit to the department a bid for the performance of any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, which the depa…
Neb. Rev. Stat. § 39-1352 Construction contracts; bidders; statement of qualifications.
0.7K chars
(1) Except as provided in subsection (2) of this section, any person proposing to bid on a contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department shall submit to the department, at …
Neb. Rev. Stat. § 39-1353 Construction contracts; request authorization to bid; issuance to certain bidders.
0.7K chars
(1) Any person desiring to bid on any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department shall request an authorization to bid from the department at the offices of the departme…
Neb. Rev. Stat. § 39-1354 Construction contracts; plans; reproduction; how obtained.
0.5K chars
The department, in its discretion, may provide paper or electronic reproductions of the plans prepared by the department for any contract to be let for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances, to any person …
Neb. Rev. Stat. § 39-1355 Road materials; equipment; office accommodations; storage buildings; department's authority and responsibility; limitations.
1.1K chars
(1) The department shall have authority to: (a) Purchase, lease, employ, or acquire by other means, all needed road materials, machinery, equipment, supplies, services, and labor necessary for the construction, reconstruction, maintenance, and control of the state highway system …
Neb. Rev. Stat. § 39-1356 Road materials; equipment; acquisition; manufacture; powers.
0.8K chars
The department may purchase, lease, construct, or otherwise acquire and may maintain all necessary equipment, machinery, supplies, buildings, and other essential items and employ the necessary labor to remove road materials from the land, to prepare the materials for use, and to …
Neb. Rev. Stat. § 39-1357 Construction or repair of highways; salvaged materials; transfer to political subdivisions.
0.4K chars
The department is authorized to transfer, upon such terms as the department shall prescribe, to any other political or governmental subdivision or public corporation of this state, any materials salvaged and recovered from and through the construction, reconstruction, or repair o…
Neb. Rev. Stat. § 39-1358 State highway system; funds; source; assistance by political subdivisions.
0.6K chars
Funds for the construction of the state highway system shall be derived from such state revenue as may be provided by law. Any governmental or political subdivision or public corporation of this state may, if it has funds available, assist with such funds in the construction of a…
Neb. Rev. Stat. § 39-1359 Rights-of-way; inviolate for state and department purposes; temporary use for special events; conditions; notice; Political Subdivisions Tort Claims Act; applicable.
2.7K chars
(1) The rights-of-way acquired by the department shall be held inviolate for state highway and departmental purposes and no physical or functional encroachments, structures, or uses shall be permitted within such right-of-way limits, except by written consent of the department or…
Neb. Rev. Stat. § 39-1359.01 Rights-of-way; mowing and harvesting of hay; permit; fee; department; powers and duties.
1.4K chars
For purposes of this section, the definitions in section 39-1302 apply. The department shall issue permits which authorize and regulate the mowing and harvesting of hay on the right-of-way of highways of the state highway system. The applicant for a permit shall be informed in wr…
Neb. Rev. Stat. § 39-1360 Drainage facilities on highways; use; consent of department.
0.1K chars
No person may use the drainage facilities of a highway for private purposes without first obtaining the written consent of the department.
Neb. Rev. Stat. § 39-1361 Cross or dig up highway; permit by department; conditions.
2.3K chars
No person, firm, or corporation may dig up, cross, or otherwise use any portion of the state highway system for laying or relaying pipelines, ditches, flumes, pipes, sewers, railways, or any other similar purpose without obtaining a written permit from the department and agreeing…
Neb. Rev. Stat. § 39-1362 Cross or dig up highway; violations; penalty.
0.7K chars
Any person, who shall dig up, cross, or otherwise use any portion of the state highway system or drainage facilities of the state highway system for laying or relaying pipelines, ditches, flumes, sewers, railways, for constructing, or installing any new pole line, underground con…
Neb. Rev. Stat. § 39-1363 Preservation of historical, archaeological, and paleontological remains; agreements; funds; payment.
0.7K chars
To more effectually preserve the historical, archaeological, and paleontological remains of the state, the department is authorized to enter into agreements with the appropriate agencies of the state charged with preserving historical, archaeological, and paleontological remains …
Neb. Rev. Stat. § 39-1364 Plans, specifications, and records of highway projects; available to public, when.
0.8K chars
The department shall, upon the request of any citizen of this state, disclose to such citizen full information concerning any highway construction, alteration, maintenance, or repair project in this state, whether completed, presently in process, or contemplated for future action…
Neb. Rev. Stat. § 39-1365 State highway system; development; legislative findings.
0.8K chars
The Legislature finds and declares that the highways of the state are of the utmost importance to future development within the state and that the following actions are necessary for such development: (1) The accelerated completion of all improvement and expansion projects on the…
Neb. Rev. Stat. § 39-1365.01 State highway system; plans; department; duties; priorities.
1.1K chars
The department shall be responsible for developing a specific and long-range state highway system plan. The department shall annually formulate plans to meet the state highway system needs of all facets of the state and shall assign priorities for such needs. The department shall…