39-101. Terms, defined.

For purposes of Chapter 39, unless the context otherwise requires:

(1) Alley means a highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic;

(2) Divided highway means a highway with separated roadways for traffic in opposite directions;

(3) Highway means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel;

(4) Intersection means the area embraced within the prolongation or connection of the lateral curb lines or, if there are no lateral curb lines, the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. When a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a highway shall not constitute an intersection;

(5) Mail means to deposit in the United States mail properly addressed and with postage prepaid;

(6) Maintenance means the act, operation, or continuous process of repair, reconstruction, or preservation of the whole or any part of any highway, including surface, shoulders, roadsides, traffic control devices, structures, waterways, and drainage facilities, for the purpose of keeping it at or near or improving upon its original standard of usefulness and safety;

(7) Motor vehicle means every self-propelled land vehicle, not operated upon rails, except mopeds as defined in section 60-637, self-propelled chairs used by persons who are disabled, electric personal assistive mobility devices as defined in section 60-618.02, and bicycles as defined in section 60-611;

(8) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

(9) Pedestrian means any person afoot;

(10) Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other;

(11) Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term roadway refers to any such roadway separately but not to all such roadways collectively;

(12) Shoulder means that part of the highway contiguous to the roadway and designed for the accommodation of stopped vehicles, for emergency use, and for lateral support of the base and surface courses of the roadway;

(13) Sidewalk means that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians;

(14) Traffic means pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel; and

(15) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved solely by human power, devices used exclusively upon stationary rails or tracks, electric personal assistive mobility devices as defined in section 60-618.02, and bicycles as defined in section 60-611.

Source:Laws 1993, LB 370, § 16; Laws 2002, LB 1105, § 436;    Laws 2015, LB95, § 2.    


Annotations

39-102. Rules and regulations; promulgated by Department of Transportation to promote public safety.

In order to promote public safety, to preserve and protect state highways, and to prevent immoderate and destructive use of state highways, the Department of Transportation may formulate, adopt, and promulgate rules and regulations in regard to the use of and travel upon the state highways consistent with Chapter 39 and the Nebraska Rules of the Road. Such rules and regulations may include specifications, standards, limitations, conditions, requirements, definitions, enumerations, descriptions, procedures, prohibitions, restrictions, instructions, controls, guidelines, and classifications relative to the following:

(1) The issuance or denial of special permits for the travel of vehicles or objects exceeding statutory size and weight capacities upon the highways as authorized by section 60-6,298;

(2) Qualification and prequalification of contractors, including, but not limited to, maximum and minimum qualifications, ratings, classifications, classes of contractors or classes of work, or both, and procedures to be followed;

(3) The setting of special load restrictions as provided in Chapter 39 and the Nebraska Rules of the Road;

(4) The placing, location, occupancy, erection, construction, or maintenance, upon any highway or area within the right-of-way, of any pole line, pipeline, or other utility located above, on, or under the level of the ground in such area;

(5) Protection and preservation of trees, shrubbery, plantings, buildings, structures, and all other things located upon any highway or any portion of the right-of-way of any highway by the department;

(6) Applications for the location of, and location of, private driveways, commercial approach roads, facilities, things, or appurtenances upon the right-of-way of state highways, including, but not limited to, procedures for applications for permits therefor and standards for the issuance or denial of such permits, based on highway traffic safety, and the foregoing may include reapplication for permits and applications for permits for existing facilities, and in any event, issuance of permits may also be conditioned upon approval of the design of such facilities;

(7) Outdoor advertising signs, displays, and devices in areas where the department is authorized by law to exercise such controls; and

(8) The Grade Crossing Protection Fund provided for in section 74-1317, including, but not limited to, authority for application, procedures on application, effect of application, procedures for and effect of granting such applications, and standards and specifications governing the type of control thereunder.

This section shall not amend or derogate any other grant of power or authority to the department to make or promulgate rules and regulations but shall be additional and supplementary thereto.

Source:Laws 1973, LB 45, § 99; Laws 1985, LB 395, § 1; R.S.1943, (1988), § 39-699; Laws 1993, LB 370, § 17; Laws 2017, LB339, § 83.    
Operative Date: July 1, 2017


Cross References

39-103. Department of Transportation; rules and regulations; violation; penalty.

Any person who operates a vehicle upon any highway in violation of the rules and regulations of the Department of Transportation governing the use of state highways shall be guilty of a Class III misdemeanor.

Source:Laws 1967, c. 235, § 4, p. 633; R.R.S.1943, § 39-7,134.01; Laws 1977, LB 41, § 17; R.S.1943, (1988), § 39-699.01; Laws 1993, LB 370, § 18; Laws 2017, LB339, § 84.    
Operative Date: July 1, 2017


39-201. Repealed. Laws 1995, LB 264, § 37.

39-201.01. Terms, defined.

For purposes of sections 39-202 to 39-226:

(1) Highway Beautification Control System means the National System of Interstate and Defense Highways, the system of federal-aid primary roads as they existed on June 1, 1991, any additional highway or road which is designated as a part of the National Highway System under the federal Intermodal Surface Transportation Efficiency Act, and scenic byways. A map of the Highway Beautification Control System shall be maintained as provided in section 39-1311;

(2) Scenic byway means a road, highway, or connecting link designated as a scenic byway pursuant to section 39-217. A map of the scenic byways shall be maintained as provided in section 39-1311; and

(3) Visible, in reference to advertising signs, displays, or devices, means the message or advertising content of such sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign is considered visible even though the message or advertising content can be seen but not read.

Source:Laws 1995, LB 264, § 1.


39-202. Advertising signs, displays, or devices; visible from highway; prohibited; exceptions; permitted signs enumerated.

(1) Except as provided in sections 39-202 to 39-205, 39-215, 39-216, and 39-220, the erection or maintenance of any advertising sign, display, or device beyond six hundred sixty feet of the right-of-way of the National System of Interstate and Defense Highways and visible from the main-traveled way of such highway system is prohibited.

(2) The following signs shall be permitted:

(a) Directional and official signs to include, but not be limited to, signs and notices pertaining to natural wonders, scenic attractions, and historical attractions. Such signs shall comply with standards and criteria established by regulations of the Department of Transportation as promulgated from time to time;

(b) Signs, displays, and devices advertising the sale or lease of property upon which such media are located;

(c) Signs, displays, and devices advertising activities conducted on the property on which such media are located; and

(d) Signs in existence in accordance with sections 39-212 to 39-222, to include landmark signs, signs on farm structures, markers, and plaques of historical or artistic significance.

(3) For purposes of this section, visible shall mean the message or advertising content of an advertising sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign shall be considered visible even though the message or advertising content may be seen but not read.

Source:Laws 1975, LB 213, § 1; R.S.1943, (1988), § 39-618.02; Laws 1993, LB 370, § 20; Laws 1995, LB 264, § 2; Laws 2017, LB339, § 85.    
Operative Date: July 1, 2017


39-203. Advertising sign; compensation upon removal; Department of Transportation; make expenditures; when.

Just compensation shall be paid upon the removal of any advertising sign, display, or device lawfully erected or in existence prior to May 27, 1975, and not conforming to the provisions of sections 39-202 to 39-205, 39-215, 39-216, and 39-220 except as otherwise authorized by such sections. The Department of Transportation shall not be required to expend any funds under the provisions of such sections unless and until federal-aid matching funds are made available for this purpose.

Source:Laws 1975, LB 213, § 3; R.S.1943, (1988), § 39-618.04; Laws 1993, LB 370, § 21; Laws 1995, LB 264, § 3; Laws 2017, LB339, § 86.    
Operative Date: July 1, 2017


39-204. Informational signs; erection; conform with rules and regulations; minimum service requirements.

(1) Signs, displays, and devices giving specific information of interest to the traveling public shall be erected by or at the direction of the Department of Transportation and maintained within the right-of-way at appropriate distances from interchanges on the National System of Interstate and Defense Highways and from roads of the state primary system as shall conform with the rules and regulations adopted and promulgated by the department to carry out this section and section 39-205. Such rules and regulations shall be consistent with national standards promulgated from time to time by the appropriate authority of the federal government pursuant to 23 U.S.C. 131(f).

(2) For purposes of this section, specific information of interest to the traveling public shall mean only information about camping, lodging, food, attractions, and motor fuel and associated services, including trade names.

(3) The minimum service that is required to be available for each type of service shall include:

(a) Motor fuel services including:

(i) Vehicle services, which shall include fuel, oil, and water;

(ii) Restroom facilities and drinking water;

(iii) Continuous operation of such services for at least sixteen hours per day, seven days per week, for freeways and expressways and continuous operation of such services for at least twelve hours per day, seven days per week, for conventional roads; and

(iv) Telephone services;

(b) Attraction services including:

(i) An attraction of regional significance with the primary purpose of providing amusement, historical, cultural, or leisure activity to the public;

(ii) Restroom facilities and drinking water; and

(iii) Adequate parking accommodations;

(c) Food services including:

(i) Licensing or approval of such services, when required;

(ii) Continuous operation of such services to serve at least two meals per day, six days per week;

(iii) Modern sanitary facilities; and

(iv) Telephone services;

(d) Lodging services including:

(i) Licensing or approval of such services, when required;

(ii) Adequate sleeping accommodations; and

(iii) Telephone services; and

(e) Camping services including:

(i) Licensing or approval of such services, when required;

(ii) Adequate parking accommodations; and

(iii) Modern sanitary facilities and drinking water.

Source:Laws 1975, LB 213, § 9; Laws 1987, LB 741, § 1; R.S.1943, (1988), § 39-634.01; Laws 1993, LB 370, § 22; Laws 2010, LB926, § 1;    Laws 2017, LB339, § 87.    
Operative Date: July 1, 2017


39-205. Informational signs; business signs; posted by department; costs and fees; disposition; notice of available space.

(1) Applicants for business signs shall furnish business signs to the Department of Transportation and shall pay to the department an annual fee for posting each business sign and the actual cost of material for, fabrication of, and erecting the specific information sign panels where specific information sign panels have not been installed.

(2) Upon receipt of the business signs and the annual fee, the department shall post or cause to be posted the business signs where specific information sign panels have been installed. The applicant shall not be required to remove any advertising device to qualify for a business sign except any advertising device which was unlawfully erected or in violation of section 39-202, 39-203, 39-204, 39-205, 39-206, 39-215, 39-216, or 39-220, any rule or regulation of the department, or any federal rule or regulation relating to informational signs. The specific information sign panels and business signs shall conform to the requirements of the Federal Beautification Act and the Manual on Uniform Traffic Control Devices adopted pursuant to section 60-6,118.

(3) All revenue received for the posting or erecting of business signs or specific information sign panels pursuant to this section shall be deposited in the Highway Cash Fund, except that any revenue received from the annual fee and for posting or erecting such signs in excess of the state's costs shall be deposited in the General Fund.

(4) For purposes of this section, unless the context otherwise requires:

(a) Business sign means a sign displaying a commercial brand, symbol, trademark, or name, or combination thereof, designating a motorist service. Business signs shall be mounted on a rectangular information panel; and

(b) Specific information sign panel means a rectangular sign panel with:

(i) The word gas, food, attraction, lodging, or camping;

(ii) Directional information; and

(iii) One or more business signs.

(5) The department shall provide notice of space available for business signs on any specific information sign panel at least ninety days prior to accepting or approving the posting of any business sign.

Source:Laws 1975, LB 213, § 10; Laws 1987, LB 741, § 2; R.S.1943, (1988), § 39-634.02; Laws 1993, LB 370, § 23; Laws 1995, LB 264, § 4; Laws 2010, LB926, § 2;    Laws 2017, LB339, § 88.    
Operative Date: July 1, 2017


39-206. Informational signs; erection; conditions; fee.

It is the intent of sections 39-204 and 39-205 to allow the erection of specific information sign panels on the right-of-way of the state highways under the following conditions:

(1) No state funds shall be used for the erection, maintenance, or servicing of such signs;

(2) Such signs shall be erected in accordance with federal standards and the rules and regulations adopted and promulgated by the Department of Transportation;

(3) Such signs may be erected by the department or by a contractor selected through the competitive bidding process; and

(4) The department shall charge an annual fee in an amount equal to the fair market rental value of the sign site and any other cost to the state associated with the erection, maintenance, or servicing of specific information sign panels. If such sign is erected by a contractor, the annual fee shall be limited to the fair market rental value of the sign site.

Source:Laws 1987, LB 741, § 3; R.S.1943, (1988), § 39-634.03; Laws 1993, LB 370, § 24; Laws 2017, LB339, § 89.    
Operative Date: July 1, 2017


39-207. Tourist-oriented directional sign panels; erection and maintenance.

Tourist-oriented directional sign panels shall be erected and maintained by or at the direction of the Department of Transportation within the right-of-way of rural highways which are part of the state highway system to provide tourist-oriented information to the traveling public in accordance with sections 39-207 to 39-211.

For purposes of such sections:

(1) Rural highways means (a) all public highways and roads outside the limits of an incorporated municipality exclusive of freeways and interchanges on expressways and (b) all public highways and roads within incorporated municipalities having a population of forty thousand inhabitants or less as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census exclusive of freeways and interchanges on expressways. Expressway, freeway, and interchange are used in this subdivision as they are defined in section 39-1302; and

(2) Sign panel means one or more individual signs mounted as an assembly on the same supports.

Source:Laws 1993, LB 108, § 1; Laws 1995, LB 112, § 1; Laws 2017, LB113, § 39;    Laws 2017, LB339, § 90.    

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB113, section 39, with LB339, section 90, to reflect all amendments.

Note: Changes made by LB339 became operative July 1, 2017. Changes made by LB113 became effective August 24, 2017.


39-208. Sign panels; erection; conditions; fee; disposition.

(1) The Department of Transportation shall erect tourist-oriented directional sign panels on the right-of-way of the rural highways pursuant to section 39-207 under the following conditions:

(a) No state funds shall be used for the erection, maintenance, or servicing of the sign panels;

(b) The sign panels shall be erected in accordance with federal standards and the rules and regulations adopted and promulgated by the department;

(c) The sign panels may be erected by the department or by a contractor selected by the department through the competitive negotiation process;

(d) No more than three sign panels shall be installed on the approach to an intersection; and

(e) The department shall charge an annual fee in an amount equal to the fair market rental value of the sign panel site and any other cost to the state associated with the erection, maintenance, or servicing of tourist-oriented directional sign panels. If the sign panel is erected by a contractor, the annual fee to the department shall be limited to the fair market rental value of the sign panel site.

(2) All revenue received for the posting or erecting of tourist-oriented directional sign panels pursuant to this section shall be deposited in the Highway Cash Fund, except that any revenue received from the annual fee and for posting or erecting such sign panels in excess of the state's costs shall be deposited in the General Fund.

Source:Laws 1993, LB 108, § 2; Laws 2017, LB339, § 91.    
Operative Date: July 1, 2017


39-209. Sign panels; types; restrictions.

Tourist-oriented directional sign panels shall include, but not be limited to, sign panels giving directions to recreational, historical, cultural, educational, or entertainment activities or a unique or unusual commercial or nonprofit activity. Nationally, regionally, or locally known commercial symbols, brands, or trademarks may be used when applicable. To be a qualified activity pursuant to this section, the major portion of income derived from the activity or visitors to the activity during the normal season of the activity shall be from motorists not residing in the immediate area of the activity. The sign panels shall be rectangular in shape and have a white legend and border on a blue background.

Tourist-oriented directional sign panels shall contain no more than four individual signs, have no more than two lines of legend per individual sign, and have a separate directional arrow and the distance to each qualifying activity. The legend shall be limited to the identification of the qualifying activity and the directional information. The sign panel shall not include promotional advertising.

Source:Laws 1993, LB 108, § 3.


39-210. Sign panels; qualification of activities; minimum requirements; violation; effect.

To qualify to appear on a tourist-oriented directional sign panel, an activity shall be licensed and approved by the state and local agencies if required by law and be open to the public at least eight hours per day, five days per week, including Saturdays or Sundays, during the normal season of the activity, except that if the activity is a winery, the winery shall be open at least twenty hours per week. The activity, before qualifying to appear on a sign panel, shall provide to the Department of Transportation assurance of its conformity with all applicable laws relating to discrimination based on race, creed, color, sex, national origin, ancestry, political affiliation, or religion. If the activity violates any of such laws, it shall lose its eligibility to appear on a tourist-oriented directional sign panel. In addition, the qualifying activity shall be required to remove any advertising device which was unlawfully erected or which is in violation of section 39-202, 39-203, 39-204, 39-205, 39-206, 39-215, 39-216, or 39-220, any rule or regulation of the department, or any federal rule or regulation relating to tourist-oriented directional sign panels. The tourist-oriented directional sign panels shall conform to the requirements of the Federal Beautification Act and the Manual on Uniform Traffic Control Devices as adopted pursuant to section 60-6,118.

Source:Laws 1993, LB 108, § 4; Laws 1995, LB 264, § 5; Laws 2010, LB926, § 3;    Laws 2017, LB339, § 92.    
Operative Date: July 1, 2017


39-211. Sign panels; rules and regulations.

The Department of Transportation shall adopt and promulgate rules and regulations deemed necessary by the department to carry out sections 39-207 to 39-211.

Source:Laws 1993, LB 108, § 5; Laws 2017, LB339, § 93.    
Operative Date: July 1, 2017


39-212. Acquisition of interest in property; control of advertising outside of right-of-way; compensation; removal; costs; payment by department.

(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 devices, as well as just compensation for the disconnection and removal of electrical service to the same:

(a) Those lawfully erected or in existence prior to March 27, 1972, and not conforming to the provisions of sections 39-212 to 39-222 except as otherwise authorized by such sections; and

(b) Those lawfully erected after March 27, 1972, which become nonconforming after being erected.

(2) Such compensation for removal of such signs, displays, and devices is authorized to be paid only for the following:

(a) The taking from the owner of such sign, display, or device or of all right, title, leasehold, and interest in connection with such sign, display, or device, or both; and

(b) The taking from the owner of the real property on which the sign, display, or device is located of the right to erect and maintain such signs, displays, and devices thereon.

(3) In all instances where signs, displays, or devices which are served electrically are taken under subdivision (2)(a) of this section, the department shall pay just compensation to the supplier of electricity for supportable costs of disconnection and removal of such service to the nearest distribution line or, in the event such sign, display, or device is relocated, just compensation for removal of such service to the point of relocation.

Except for expenditures for the removal of nonconforming signs erected between April 16, 1982, and May 27, 1983, the department shall not be required to expend any funds under sections 39-212 to 39-222 and 39-1320 unless and until federal-aid matching funds are made available for this purpose.

Source:Laws 1961, c. 195, § 2, p. 596; Laws 1972, LB 1181, § 4; Laws 1974, LB 490, § 1; Laws 1979, LB 322, § 12; Laws 1981, LB 545, § 7; Laws 1983, LB 120, § 3; Laws 1994, LB 848, § 1; R.S.Supp.,1994, § 39-1320.01; Laws 1995, LB 264, § 6; Laws 2017, LB339, § 94.    
Operative Date: July 1, 2017


Annotations

39-213. Control of advertising outside of right-of-way; agreements authorized; commercial and industrial zones; provisions.

(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 the State of Nebraska, is authorized to enter into an agreement, or agreements, with the Secretary of Transportation of the United States, which agreement or agreements shall include provisions for regulation and control of the erection and maintenance of advertising signs, displays, and other advertising devices and may include, among other things, provisions for preservation of natural beauty, prevention of erosion, landscaping, reforestation, development of viewpoints for scenic attractions that are accessible to the public without charge, and the erection of markers, signs, or plaques, and development of areas in appreciation of sites of historical significance.

(2) It is the intention of the Legislature that the state shall be and is hereby empowered and directed to continue to qualify for and accept bonus payments pursuant to 23 U.S.C. 131(j) and subsequent amendments as amended in the Federal Aid Highway Acts of 1968 and 1970 for controlling outdoor advertising within the area adjacent to and within six hundred sixty feet of the edge of the right-of-way of the National System of Interstate and Defense Highways constructed upon any part of the right-of-way the entire width of which is acquired subsequent to July 1, 1956, and, to this end, to continue any agreements with, and make any new agreements with the Secretary of Transportation, to accomplish the same. Such agreement or agreements shall also provide for excluding from application of the national standards segments of the National System of Interstate and Defense Highways which traverse commercial or industrial zones within the boundaries of incorporated municipalities as they existed on September 21, 1959, wherein the use of real property adjacent to the National System of Interstate and Defense Highways is subject to municipal regulation or control, or which traverse other areas where the land use, as of September 21, 1959, is clearly established by state law as industrial or commercial.

(3) It is also the intention of the Legislature that the state shall comply with 23 U.S.C. 131, as revised and amended on October 22, 1965, by Public Law 89-285, in order that the state not be penalized by the provisions of subsection (b) thereof, and that the Nebraska Department of Transportation shall be and is hereby empowered and directed to make rules and regulations in accord with the agreement between the Nebraska Department of Transportation and the United States Department of Transportation dated October 29, 1968.

Source:Laws 1961, c. 195, § 3, p. 596; Laws 1963, c. 236, § 1, p. 726; Laws 1972, LB 1058, § 11; Laws 1972, LB 1181, § 5; R.S.1943, (1993), § 39-1320.02; Laws 1995, LB 264, § 7; Laws 2017, LB339, § 95.    
Operative Date: July 1, 2017


Annotations

39-214. Control of advertising outside of right-of-way; adoption of rules and regulations by Department of Transportation; minimum requirements.

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 and regulations for the control of outdoor advertising within the area specified in such subdivision, which rules and regulations shall have as their minimum requirements the provisions of 23 U.S.C. 131 and regulations adopted pursuant thereto, as amended on March 27, 1972.

Source:Laws 1961, c. 195, § 4, p. 597; Laws 1972, LB 1181, § 6; R.S.1943, (1993), § 39-1320.03; Laws 1995, LB 264, § 8; Laws 2017, LB339, § 96.    
Operative Date: July 1, 2017


Annotations

39-215. Prohibition of advertising visible from main-traveled way; other signs permitted; where; criteria listed.

(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, and notices as defined and controlled in the department's rules and regulations shall be permitted.

(2) Other signs controlled in accordance with the federal-state agreement shall be permitted, if conforming to sections 39-212 to 39-222, in the following areas:

(a) All zoned commercial or industrial areas within the boundaries of incorporated municipalities, as those boundaries existed on September 21, 1959, and all other areas where the land use as of September 21, 1959, was clearly established by law or ordinance as industrial or commercial in which outdoor advertising signs, displays, and devices may be visible from the main-traveled way of the National System of Interstate and Defense Highways, except that no such signs, displays, or devices shall be permitted in areas in which advertising control easements have been acquired;

(b) All zoned and unzoned commercial and industrial areas in which outdoor advertising signs, displays, and devices may be visible from the main-traveled way of those portions of the National System of Interstate and Defense Highways constructed upon right-of-way, any part of the width of which was acquired on or before July 1, 1956, except that no such signs, displays, or devices shall be permitted in areas in which advertising control easements have been acquired;

(c) All zoned and unzoned commercial and industrial areas in which outdoor advertising signs, displays, and devices may be visible from the main-traveled way of all portions of the Highway Beautification Control System other than the National System of Interstate and Defense Highways within the State of Nebraska, except that no such signs, displays, or devices shall be permitted in areas in which advertising control easements have been acquired. No signs shall be allowed in such areas along scenic byways except those permitted under section 39-218; and

(d) All signs, displays, or devices beyond six hundred sixty feet of the edge of the right-of-way of the Highway Beautification Control System and outside of urban areas which are visible from the main-traveled way are prohibited except those which are authorized to be erected by the Federal-Aid Highway Acts of 1965, 1970, and 1974 and those signs whose advertising message is only visible from a secondary road or street but not visible from the main-traveled way of the Highway Beautification Control System.

(3) In the areas described in subsection (2) of this section, advertising signs, displays, and devices shall be allowed to be erected in accordance with the following criteria:

(a) Whenever a bona fide state, county, or local zoning authority has made a determination of customary use, as to size, lighting, and spacing, such determination may be accepted in lieu of criteria established by regulation in the zoned commercial and industrial areas described in subsection (2) of this section within the geographical jurisdiction of such authority unless conflicting with laws not contained in this section or with the rules and regulations of the department; and

(b) In all other areas described in subsection (2) of this section, the following criteria shall apply:

(i) On-premise signs as defined and controlled in the department's rules and regulations shall be permitted;

(ii) Those signs referred to as being permitted in the October 1968 federal-state agreement shall be permitted when in conformity with the rules and regulations of the department;

(iii) Within the areas in which, according to sections 39-212 to 39-222, advertising signs will be permitted, such signs shall conform to standards and criteria as to height, width, spacing, and lighting as set forth in the rules and regulations of the department;

(iv) Nothing contained in such sections shall be construed to allow any person or persons, except the department, to erect signs within the right-of-way of any portion of the state highway system or, except the county, to erect official signs within the right-of-way of any portion of the county road system;

(v) Nothing contained in such sections shall be construed to prevent the department from acquiring easements for the control of outdoor advertising;

(vi) Nothing contained in such sections shall be construed to require the removal of signs in zoned and unzoned commercial and industrial areas, lawfully in existence on March 27, 1972, which signs may under such sections remain and continue in place even if nonconforming; and

(vii) The powers conferred by such sections are supplementary and additional powers, and nothing contained in such sections shall be deemed amendatory or in derogation of any other grant of power or authority to the department.

Source:Laws 1972, LB 1181, § 7; Laws 1975, LB 213, § 6; Laws 1983, LB 120, § 4; Laws 1994, LB 848, § 2; R.S.Supp.,1994, § 39-1320.06; Laws 1995, LB 264, § 9.


Annotations

39-216. Control of advertising visible from main-traveled way; unlawful; when permitted; written lease and permit from Department of Transportation.

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 the owner of such land and a permit from the Department of Transportation authorizing such display or device to be erected as permitted by the advertising laws, rules, and regulations of this state.

Source:Laws 1972, LB 1181, § 8; Laws 1975, LB 213, § 7; R.S.1943, (1993), § 39-1320.07; Laws 1995, LB 264, § 10; Laws 2017, LB339, § 97.    
Operative Date: July 1, 2017


Annotations

39-217. Scenic byway designations.

(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 promulgate rules and regulations establishing the procedure and criteria to be utilized in making scenic byway designations.

(2) Any portion of a highway designated as a scenic byway which is located within the limits of any incorporated municipality shall not be designated as part of the scenic byway, except when such route possesses intrinsic scenic, historic, recreational, cultural, or archeological features which support designation of the route as a scenic byway.

Source:Laws 1995, LB 264, § 11; Laws 2017, LB339, § 98.    
Operative Date: July 1, 2017


39-218. Scenic byways; prohibition of signs visible from main-traveled way; exceptions.

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, displays, and devices advertising the sale or lease of property upon which such media are located, and (3) signs, displays, and devices advertising activities conducted on the property on which such media are located. Signs which are allowed shall comply with the standards and criteria established by rules and regulations of the Department of Transportation.

Source:Laws 1995, LB 264, § 12; Laws 2017, LB339, § 99.    
Operative Date: July 1, 2017


39-219. Control of advertising outside of right-of-way; erected prior to March 27, 1972; effect.

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 established by sections 39-212 to 39-222 or rules and regulations of the Department of Transportation.

Source:Laws 1972, LB 1181, § 9; Laws 1994, LB 848, § 3; R.S.Supp.,1994, § 39-1320.08; Laws 1995, LB 264, § 13; Laws 2017, LB339, § 100.    
Operative Date: July 1, 2017


Annotations

39-220. Control of advertising visible from main-traveled way; permit; fee; rules and regulations; exceptions.

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 any interstate or primary highway or at any point visible from the main-traveled way, except for signs located within an area of fifty feet of any commercial or industrial building on the premises. Such permits shall be renewed biennially. Each sign shall bear on the side facing the highway the permit number in a readily observable place for inspection purposes from the highway right-of-way. The department is authorized to charge a fee to be not less than twenty-five cents or not to exceed fifteen dollars for each permit and renewal permit for each individual sign. The department shall promulgate rules and regulations establishing, and from time to time adjusting, the annual fees for the permits to cover the costs of administering sections 39-212 to 39-226 and may by rule and regulation provide exceptions from the payment of fees for signs advertising eleemosynary or nonprofit public service activities, signs designating historical sites, and farm and ranch directional signs. The department may revoke the permit for noncompliance reasons and remove the sign if, after thirty days' notification to the sign owner, the sign remains in noncompliance. Printed sale bills not exceeding two hundred sixteen square inches in size shall not require a permit if otherwise conforming.

Source:Laws 1972, LB 1181, § 10; Laws 1974, LB 490, § 2; Laws 1975, LB 213, § 8; R.S.1943, (1993), § 39-1320.09; Laws 1995, LB 264, § 14; Laws 2017, LB339, § 101.    
Operative Date: July 1, 2017


Annotations

39-221. Control of advertising outside of right-of-way; compliance; damages; violations; penalty.

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 State of Nebraska, may apply to the district court having jurisdiction for an injunction to force compliance with any of the provisions of such sections or rules and regulations promulgated thereunder. When any person, firm, company, or corporation deems its property rights have been adversely affected by the application of the provisions of such sections, such person, firm, company, or corporation shall have the right to have damages ascertained and determined pursuant to Chapter 76, article 7.

Source:Laws 1972, LB 1181, § 11; Laws 1974, LB 490, § 3; Laws 1977, LB 40, § 211; Laws 1994, LB 848, § 4; R.S.Supp.,1993, § 39-1320.10; Laws 1995, LB 264, § 15; Laws 2017, LB339, § 102.    
Operative Date: July 1, 2017


Annotations

39-222. Control of advertising outside of right-of-way; eminent domain; authorized.

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 authorized by such sections whether within or without zoned or unzoned commercial or industrial areas.

Source:Laws 1972, LB 1181, § 12; Laws 1994, LB 848, § 5; R.S.Supp.,1994, § 39-1320.11; Laws 1995, LB 264, § 16; Laws 2017, LB339, § 103.    
Operative Date: July 1, 2017


Annotations

39-223. Governmental or quasi-governmental agency; removal of signs, displays, or devices along Highway Beautification Control System; exemption; petition.

Any community, board of county commissioners, municipality, county, city, a specific region or area of the state, or other governmental or quasi-governmental agency which is part of a specific economic area located along the Highway Beautification Control System of the State of Nebraska may petition the Department of Transportation for an exemption from mandatory removal of any legal, nonconforming directional signs, displays, or devices as defined by 23 U.S.C. 131(o), which signs, displays, or devices were in existence on May 5, 1976. The petitioning agency shall supply such documents as are supportive of its petition for exemption.

The Department of Transportation is hereby authorized to seek the exemptions authorized by 23 U.S.C. 131(o) in accordance with the federal regulations promulgated thereunder, 23 C.F.R., part 750, subpart E, if the petitioning agency shall supply the necessary documents to justify such exemptions.

Source:Laws 1978, LB 534, § 1; R.S.1943, (1993), § 39-1320.12; Laws 1995, LB 264, § 17; Laws 2017, LB339, § 104.    
Operative Date: July 1, 2017


39-224. Department of Transportation; retention of signs, displays, or devices; request.

Upon receipt of a petition under section 39-223, the Nebraska Department of Transportation shall make request of the United States Department of Transportation for permission to retain the directional signs, displays, or devices which provide information for the specific economic area responsible for the petition.

Source:Laws 1978, LB 534, § 2; R.S.1943, (1993), § 39-1320.13; Laws 1995, LB 264, § 18; Laws 2017, LB339, § 105.    
Operative Date: July 1, 2017


39-225. Department of Transportation; removal of nonconforming signs; program.

The Department of Transportation shall adopt future programs to assure that removal of directional signs, displays, or devices, providing directional information about goods and services in the interest of the traveling public, not otherwise exempted by economic hardship, be deferred until all other nonconforming signs, on a statewide basis, are removed.

Source:Laws 1978, LB 534, § 3; R.S.1943, (1993), § 39-1320.14; Laws 1995, LB 264, § 19; Laws 2017, LB339, § 106.    
Operative Date: July 1, 2017


39-226. Exemption, how construed.

The exemption provided by sections 39-223 to 39-225 shall be in addition to the exemption provided by section 39-219.

Source:Laws 1978, LB 534, § 4; R.S.1943, (1993), § 39-1320.15; Laws 1995, LB 264, § 20.


39-301. Roads; injuring or obstructing; penalties; exceptions.

Any person who injures or obstructs a public road by felling a tree or trees in, upon, or across the same, by placing or leaving any other obstruction thereon, by encroaching upon the same with any fence, by plowing or digging any ditch or other opening thereon, by diverting water onto or across such road so as to saturate, wash, or impair the maintenance, construction, or passability of such public road, or by allowing water to accumulate on the roadway or traveled surface of the road or who leaves the cutting of any hedge thereupon for more than five days shall, upon conviction thereof, be guilty of a Class V misdemeanor and, in case of placing any obstruction on the road, be charged an additional sum of not exceeding three dollars per day for every day he or she allows such obstruction to remain after being ordered to remove the same by the road overseer or other officer in charge of road work in the area where such obstruction is located, complaint to be made by any person feeling aggrieved.

This section shall not apply to any person who lawfully fells any tree for use and will immediately remove the same out of the road nor to any person through whose land a public road may pass who desires to drain such land and gives due notice of such intention to the road overseer or other officer in charge of road work nor when damage has been caused by a mechanical malfunction of any irrigation equipment, when a sprinkler irrigation system had been set so that under normal weather conditions no water would have been placed upon the right-of-way of any road, when the county board grants permission for the landowner to divert water from one area to another along a county highway right-of-way, or when a municipality has granted permission along or across the right-of-way under its jurisdiction, except that if damage has been caused by a mechanical malfunction of irrigation equipment more than two times in one calendar year, the penalty provided in this section shall apply.

Any officer in charge of road work, after having given reasonable notice to the owners of the obstruction or person so obstructing or plowing or digging ditches upon such road, may remove any such fence or other obstruction, fill up any such ditch or excavation, and recover the necessary cost of such removal from such owner or other person obstructing such road, to be collected by such officer in an action in county court.

Any public roads which have not been worked and which have not been used or traveled by the public for the last fifteen years may be fenced by the owners of adjoining lands if written permission is first obtained from the county board of commissioners or supervisors and if adequate means of ingress and egress are provided by suitable gates.

Source:Laws 1879, § 69, p. 135; R.S.1913, § 3027; C.S.1922, § 2778; C.S.1929, § 39-1009; Laws 1941, c. 75, § 1, p. 311; C.S.Supp.,1941, § 39-1009; R.S.1943, § 39-703; Laws 1959, c. 181, § 6, p. 655; Laws 1972, LB 1032, § 246; Laws 1975, LB 85, § 1; Laws 1978, LB 748, § 53; Laws 1984, LB 968, § 1; R.S.1943, (1988), § 39-703; Laws 1993, LB 370, § 25.


Annotations

39-302. Roads; sprinkler irrigation system; restrictions; violations; penalty.

A sprinkler irrigation system which due to location or design diverts, or is capable of diverting, water onto or across a public road so as to saturate, wash, or impair the maintenance, construction, or passability of such public road or allows water to accumulate on the roadway or traveled surface of the public road shall be equipped with a device which will automatically shut off the endgun of the irrigation system causing such diversion or accumulation of water. Any person who fails to comply with this section shall, upon conviction thereof, be guilty of a Class IV misdemeanor, except that section 39-301 shall be controlling with respect to mechanical malfunctions and normal weather conditions.

Source:Laws 1981, LB 24, § 1; R.S.1943, (1988), § 39-703.01; Laws 1993, LB 370, § 26.


39-303. Sidewalks, bridges; injuring or obstructing; penalty.

Any person who purposely destroys or injures any sidewalk, public or private bridge, culvert, or causeway, removes any of the timber or plank thereof, or obstructs the same shall be guilty of a Class V misdemeanor and shall be liable for all damages occasioned thereby and all necessary costs of rebuilding or repairing the same.

Source:Laws 1879, § 70, p. 136; R.S.1913, § 3028; C.S.1922, § 2779; C.S.1929, § 39-1010; R.S.1943, § 39-704; R.S.1943, (1988), § 39-704; Laws 1993, LB 370, § 27.


Cross References

39-304. Injuries to roads, bridges, gates, milestones; penalty.

Any person who willfully and maliciously injures any lawful public road in this state or any bridge, gate, milestone, or other fixture on any such road shall, for every such offense, be guilty of a Class V misdemeanor and be liable to any party injured in double damages.

Source:G.S.1873, c. 58, § 103, p. 744; R.S.1913, § 3041; C.S.1922, § 2792; C.S.1929, § 39-1027; R.S.1943, § 39-715; R.S.1943, (1988), § 39-715; Laws 1993, LB 370, § 28.


Cross References

39-305. Plowing up road; penalty.

Any person who plows up or upon any public highway without the consent or direction of the road overseer or the officer in charge of road work in the area where such road is located shall be guilty of a Class V misdemeanor.

Source:Laws 1899, c. 58, §§ 1, 2, p. 285; R.S.1913, § 3032; C.S.1922, § 2783; C.S.1929, § 39-1018; R.S.1943, § 39-706; Laws 1959, c. 181, § 7, p. 656; R.S.1943, (1988), § 39-706; Laws 1993, LB 370, § 29.


39-306. Plowing up road; road overseer; duty to file complaint; violation; penalty.

It is hereby made the duty of the road overseer or other officer in charge of road work in the area where such road is located to make complaint to the county attorney of any violation of section 39-305. Any willful neglect of this duty by a road overseer or other such officer shall be considered a Class V misdemeanor.

Source:Laws 1899, c. 58, § 3, p. 285; R.S.1913, § 3033; C.S.1922, § 2784; C.S.1929, § 39-1019; R.S.1943, § 39-707; Laws 1959, c. 181, § 8, p. 657; Laws 1977, LB 41, § 36; R.S.1943, (1988), § 39-707; Laws 1993, LB 370, § 30.


39-307. Barbed wire fence along highway without guards; penalty.

Any person who builds a barbed wire fence across or in any plain traveled road or track in common use, either public or private, without first putting up sufficient guards to prevent either human or beast from running into the fence shall be guilty of a Class V misdemeanor and shall be liable for all damages that may accrue to the party damaged by reason of such barbed wire fence.

Source:Laws 1885, c. 77, §§ 1, 2, p. 317; R.S.1913, § 3031; C.S.1922, § 2782; C.S.1929, § 39-1017; R.S.1943, § 39-705; R.S.1943, (1988), § 39-705; Laws 1993, LB 370, § 31.


Annotations

39-308. Removal of traffic hazards; determined by Department of Transportation and local authority; violation; penalty.

It shall be the duty of the owner of real property to remove from such property any tree, plant, shrub, or other obstruction, or part thereof, which, by obstructing the view of any driver, constitutes a traffic hazard. When the Department of Transportation or any local authority determines upon the basis of engineering and traffic investigation that such a traffic hazard exists, it shall notify the owner and order that the hazard be removed within ten days. Failure of the owner to remove such traffic hazard within ten days shall constitute a Class V misdemeanor, and every day such owner fails to remove it shall be a separate offense.

Source:Laws 1973, LB 45, § 101; R.S.1943, (1988), § 39-6,101; Laws 1993, LB 370, § 32; Laws 2017, LB339, § 107.    
Operative Date: July 1, 2017


39-309. Sidewalks, trees, hedge fence bordering public roads; when lawful; removal by county board.

It shall be lawful for the owner or occupants of land bordering upon any public road to build sidewalks not to exceed six feet in width, to plant shade and ornamental trees along and in such road at a distance not exceeding one-tenth of the legal width of a road from its margin, and to erect and maintain a fence as long as it is actually necessary for the purpose of raising a hedge on the margin a distance of six feet from and within such marginal lines, except that when, in the opinion of the county board, the hedge fence, trees, or undergrowth on any county road interferes with the use of the right-of-way for road purposes or presents a hazard to the traveling public, the county board may, in its discretion, remove, or cause to be removed, at county expense, the hedge fence, trees, or undergrowth from the road right-of-way.

Source:Laws 1879, § 71, p. 136; R.S.1913, § 3029; C.S.1922, § 2780; C.S.1929, § 39-1011; R.S.1943, § 39-717; Laws 1953, c. 132, § 1, p. 412; R.S.1943, (1988), § 39-717; Laws 1993, LB 370, § 33.


39-310. Depositing materials on roads or ditches; penalties.

Any person who deposits any wood, stone, or other kind of material on any part of any lawful public road in this state, inside of the ditches of such road, or outside of the ditches but so near thereto as to cause the banks thereof to break into the same, causes the accumulation of rubbish, or causes any kind of obstruction, shall be guilty of (1) a Class III misdemeanor for the first offense, (2) a Class II misdemeanor for the second offense, and (3) a Class I misdemeanor for the third or subsequent offense.

Source:G.S.1873, c. 58, § 107, p. 744; R.S.1913, § 3042; Laws 1919, c. 98, § 1, p. 249; C.S.1922, § 2793; C.S.1929, § 39-1028; R.S.1943, § 39-716; R.S.1943, (1988), § 39-6,190; Laws 1993, LB 370, § 34; Laws 1994, LB 570, § 2; Laws 1997, LB 495, § 4.


Annotations

39-311. Rubbish on highways; prohibited; signs; enforcement; violation; penalties.

(1) No person shall throw or deposit upon any highway:

(a) Any glass bottle, glass, nails, tacks, wire, cans, or other substance likely to injure any person or animal or damage any vehicle upon such highway; or

(b) Any burning material.

(2) Any person who deposits or permits to be deposited upon any highway any destructive or injurious material shall immediately remove such or cause it to be removed.

(3) Any person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance deposited on the highway from such vehicle.

(4) The Department of Transportation or a local authority as defined in section 60-628 may procure and place at reasonable intervals on the side of highways under its respective jurisdiction appropriate signs showing the penalty for violating this section. Such signs shall be of such size and design as to be easily read by persons on such highways, but the absence of such a sign shall not excuse a violation of this section.

(5) It shall be the duty of all Nebraska State Patrol officers, conservation officers, sheriffs, deputy sheriffs, and other law enforcement officers to enforce this section and to make prompt investigation of any violations of this section reported by any person.

(6) Any person who violates any provision of this section shall be guilty of (a) a Class III misdemeanor for the first offense, (b) a Class II misdemeanor for the second offense, and (c) a Class I misdemeanor for the third or subsequent offense.

Source:Laws 1973, LB 45, § 83; Laws 1988, LB 1030, § 40; R.S.1943, (1988), § 39-683; Laws 1993, LB 370, § 35; Laws 1994, LB 570, § 3; Laws 1997, LB 495, § 5; Laws 1998, LB 922, § 403; Laws 2017, LB339, § 108.    
Operative Date: July 1, 2017


Cross References

39-312. Camping; permitted; where; violation; penalty.

It shall be unlawful to camp on any state or county public highway, roadside area, park, or other property acquired for highway or roadside park purposes except at such places as are designated campsites by the Department of Transportation or the county or other legal entity of government owning or controlling such places. This provision shall not apply to lands originally acquired for highway purposes which have been transferred or leased to the Game and Parks Commission or a natural resources district or to other lands owned or controlled by the Game and Parks Commission where camping shall be controlled by the provisions of section 37-305 or by a natural resources district where camping shall be controlled by the provisions of section 2-3292.

For purposes of this section, camping means temporary lodging out of doors and presupposes the occupancy of a shelter designed or used for such purposes, such as a sleeping bag, tent, trailer, station wagon, pickup camper, camper-bus, or other vehicle, and the use of camping equipment and camper means an occupant of any such shelter.

Any person who camps on any state or county public highway, roadside area, park, or other property acquired for highway or roadside park purposes, which has not been properly designated as a campsite, or any person who violates any lawfully promulgated rules or regulations properly posted to regulate camping at designated campsites shall be guilty of a Class V misdemeanor and shall be ordered to pay any amount as determined by the court which may be necessary to reimburse the department or the county for the expense of repairing any damage to such campsite resulting from such violation.

Source:Laws 1969, c. 306, § 1, p. 1097; Laws 1977, LB 41, § 37; Laws 1984, LB 861, § 18; R.S.1943, (1988), § 39-712.01; Laws 1993, LB 370, § 36; Laws 1998, LB 922, § 404; Laws 2017, LB339, § 109.    
Operative Date: July 1, 2017


Annotations

39-313. Hunting, trapping, or molesting predatory animal on or from freeway; prohibited, exception; violation; penalty.

No person shall hunt, trap, or molest any predatory animal on or upon any portion of a freeway or approach or exit thereto except at locations designated for such purpose. No person shall shoot from the roadway onto or across the land of any farmer or landowner or kill, attempt to kill, or retrieve any wildlife or game on such land prior to receiving permission from such farmer or landowner. Any person who violates this section shall be guilty of a Class V misdemeanor.

Source:Laws 1973, LB 45, § 85; Laws 1974, LB 699, § 1; R.S.1943, (1988), § 39-685; Laws 1993, LB 370, § 37.


Cross References

39-401. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-402. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-403. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-404. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-405. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-406. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-407. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-408. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-409. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-409.01. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-501. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-502. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-503. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-504. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-505. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-506. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-507. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-508. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-509. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-510. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-511. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-512. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-513. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-514. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-515. Repealed. Laws 1957, c. 155, art. VIII, § 1.

39-601. Transferred to section 60-602.

39-602. Repealed. Laws 1993, LB 370, § 495.

39-603. Transferred to section 60-6,108.

39-604. Transferred to section 60-6,110.

39-605. Transferred to section 60-6,111.

39-606. Transferred to section 60-6,112.

39-607. Transferred to section 60-6,113.

39-608. Transferred to section 60-6,114.

39-609. Transferred to section 60-6,119.

39-610. Transferred to section 60-6,120.

39-611. Transferred to section 60-6,121.

39-612. Transferred to section 60-677.

39-613. Transferred to section 60-6,122.

39-614. Transferred to section 60-6,123.

39-615. Transferred to section 60-6,124.

39-616. Transferred to section 60-6,125.

39-617. Transferred to section 60-6,126.

39-618. Transferred to section 60-6,127.

39-618.01. Transferred to section 60-6,128.

39-618.02. Transferred to section 39-202.

39-618.03. Repealed. Laws 1978, LB 534, § 5.

39-618.04. Transferred to section 39-203.

39-619. Transferred to section 60-6,129.

39-619.01. Transferred to section 60-6,130.

39-620. Transferred to section 60-6,131.

39-621. Transferred to section 60-6,132.

39-622. Transferred to section 60-6,133.

39-623. Transferred to section 60-6,134.

39-624. Transferred to section 60-6,135.

39-625. Transferred to section 60-6,136.

39-626. Transferred to section 60-6,137.

39-627. Transferred to section 60-6,138.

39-628. Transferred to section 60-6,139.

39-628.01. Transferred to section 60-6,224.

39-629. Transferred to section 60-6,140.

39-630. Transferred to section 60-6,141.

39-631. Transferred to section 60-6,142.

39-632. Transferred to section 60-6,143.

39-633. Transferred to section 60-6,144.

39-634. Transferred to section 60-6,145.

39-634.01. Transferred to section 39-204.

39-634.02. Transferred to section 39-205.

39-634.03. Transferred to section 39-206.

39-635. Transferred to section 60-6,146.

39-636. Transferred to section 60-6,147.

39-637. Transferred to section 60-6,148.

39-638. Transferred to section 60-6,149.

39-639. Transferred to section 60-6,150.

39-640. Transferred to section 60-6,151.

39-641. Transferred to section 60-6,152.

39-642. Transferred to section 60-6,153.

39-643. Transferred to section 60-6,154.

39-644. Transferred to section 60-6,109.

39-645. Transferred to section 60-6,155.

39-646. Transferred to section 60-6,156.

39-647. Transferred to section 60-6,157.

39-648. Transferred to section 60-6,158.

39-649. Repealed. Laws 1993, LB 370, § 495.

39-650. Transferred to section 60-6,159.

39-651. Transferred to section 60-6,160.

39-652. Transferred to section 60-6,161.

39-653. Transferred to section 60-6,162.

39-654. Transferred to section 60-6,163.

39-655. Transferred to section 60-6,170.

39-656. Transferred to section 60-6,171.

39-657. Transferred to section 60-6,172.

39-658. Transferred to section 60-6,173.

39-659. Transferred to section 60-6,174.

39-660. Transferred to section 60-6,175.

39-660.01. Transferred to section 60-6,176.

39-661. Transferred to section 60-6,177.

39-662. Transferred to section 60-6,186.

39-662.01. Repealed. Laws 1975, LB 381, § 7.

39-662.02. Repealed. Laws 1987, LB 430, § 4.

39-662.03. Repealed. Laws 1976, LB 202, § 1; Laws 1977, LB 256, § 3.

39-663. Transferred to section 60-6,190.

39-664. Transferred to section 60-6,192.

39-665. Transferred to section 60-6,193.

39-666. Transferred to section 60-6,187.

39-667. Transferred to section 60-6,194.

39-668. Transferred to section 60-6,195.

39-669. Transferred to section 60-6,212.

39-669.01. Transferred to section 60-6,213.

39-669.02. Transferred to section 60-6,215.

39-669.03. Transferred to section 60-6,214.

39-669.04. Transferred to section 60-6,216.

39-669.05. Transferred to section 60-6,217.

39-669.06. Transferred to section 60-6,218.

39-669.07. Transferred to section 60-6,196.

39-669.08. Transferred to section 60-6,197.

39-669.09. Transferred to section 60-6,199.

39-669.10. Transferred to section 60-6,200.

39-669.11. Transferred to section 60-6,201.

39-669.12. Transferred to section 60-6,202.

39-669.13. Transferred to section 60-6,203.

39-669.14. Transferred to section 60-6,204.

39-669.15. Transferred to section 60-6,205.

39-669.16. Transferred to section 60-6,206.

39-669.17. Transferred to section 60-6,207.

39-669.18. Transferred to section 60-6,208.

39-669.19. Transferred to section 60-6,209.

39-669.20. Transferred to section 60-6,210.

39-669.21. Transferred to section 60-6,222.

39-669.22. Transferred to section 60-497.01.

39-669.23. Transferred to section 60-497.02.

39-669.24. Transferred to section 60-497.03.

39-669.25. Transferred to section 60-497.04.

39-669.26. Transferred to section 60-4,182.

39-669.27. Transferred to section 60-4,183.

39-669.28. Transferred to section 60-4,184.

39-669.29. Transferred to section 60-4,185.

39-669.30. Transferred to section 60-4,186.

39-669.31. Repealed. Laws 1982, LB 568, § 10.

39-669.32. Repealed. Laws 1982, LB 568, § 10.

39-669.33. Transferred to section 60-4,187.

39-669.34. Transferred to section 60-4,129.

39-669.35. Transferred to section 60-4,130.

39-669.36. Repealed. Laws 1993, LB 370, § 495.

39-669.37. Transferred to section 60-4,188.

39-669.38. Transferred to section 60-6,211.

39-669.39. Transferred to section 60-6,198.

39-670. Transferred to section 60-6,164.

39-670.01. Transferred to section 60-6,220.

39-671. Transferred to section 60-6,165.

39-672. Transferred to section 60-6,166.

39-673. Transferred to section 60-6,167.

39-674. Transferred to section 60-6,168.

39-675. Transferred to section 60-6,169.

39-676. Transferred to section 60-6,178.

39-677. Transferred to section 60-6,179.

39-678. Transferred to section 60-6,180.

39-679. Transferred to section 60-6,181.

39-680. Transferred to section 60-6,182.

39-681. Transferred to section 60-6,183.

39-682. Transferred to section 60-6,184.

39-683. Transferred to section 39-311.

39-684. Transferred to section 60-679.

39-685. Transferred to section 39-313.

39-686. Transferred to section 60-6,314.

39-687. Transferred to section 60-6,117.

39-688. Transferred to section 60-6,315.

39-689. Transferred to section 60-6,316.

39-690. Transferred to section 60-6,317.

39-691. Transferred to section 60-6,318.

39-692. Transferred to section 60-6,306.

39-693. Transferred to section 60-6,307.

39-694. Transferred to section 60-6,308.

39-695. Repealed. Laws 1993, LB 370, § 495.

39-696. Repealed. Laws 1993, LB 370, § 495.

39-697. Transferred to section 60-680.

39-698. Transferred to section 60-6,118.

39-699. Transferred to section 39-102.

39-699.01. Transferred to section 39-103.

39-6,100. Transferred to section 60-6,305.

39-6,101. Transferred to section 39-308.

39-6,102. Transferred to section 60-682.

39-6,103. Repealed. Laws 1974, LB 829, § 14.

39-6,103.01. Transferred to section 60-6,267.

39-6,103.02. Transferred to section 60-6,268.

39-6,103.03. Transferred to section 60-6,269.

39-6,103.04. Repealed. Referendum 1986, No. 401.

39-6,103.05. Transferred to section 60-6,271.

39-6,103.06. Transferred to section 60-6,272.

39-6,103.07. Transferred to section 60-6,270.

39-6,103.08. Transferred to section 60-6,273.

39-6,104. Transferred to section 60-695.

39-6,104.01. Transferred to section 60-697.

39-6,104.02. Transferred to section 60-696.

39-6,104.03. Transferred to section 60-698.

39-6,104.04. Transferred to section 60-699.

39-6,104.05. Transferred to section 60-6,100.

39-6,104.06. Transferred to section 60-6,101.

39-6,104.07. Transferred to section 60-6,102.

39-6,104.08. Transferred to section 60-6,103.

39-6,104.09. Transferred to section 60-6,104.

39-6,104.10. Transferred to section 60-6,105.

39-6,104.11. Transferred to section 60-6,106.

39-6,104.12. Transferred to section 60-6,107.

39-6,105. Transferred to section 60-684.

39-6,106. Repealed. Laws 1974, LB 829, § 14.

39-6,106.01. Repealed. Laws 1993, LB 370, § 495.

39-6,107. Transferred to section 60-685.

39-6,108. Transferred to section 60-686.

39-6,109. Transferred to section 60-687.

39-6,110. Transferred to section 60-692.

39-6,111. Transferred to section 60-688.

39-6,112. Transferred to section 60-689.

39-6,112.01. Repealed. Laws 1993, LB 370, § 495.

39-6,113. Repealed. Laws 1989, LB 285, § 145.

39-6,114. Repealed. Laws 1993, LB 370, § 495.

39-6,114.01. Transferred to section 60-691.

39-6,115. Transferred to section 60-690.

39-6,116. Transferred to section 60-6,116.

39-6,117. Repealed. Laws 1993, LB 370, § 495.

39-6,118. Transferred to section 60-693.

39-6,119. Transferred to section 60-694.

39-6,120. Transferred to section 60-603.

39-6,121. Transferred to section 60-604.

39-6,122. Transferred to section 60-601.

39-6,123. Transferred to section 60-6,253.

39-6,124. Transferred to section 60-6,254.

39-6,125. Transferred to section 60-6,241.

39-6,126. Transferred to section 60-6,242.

39-6,127. Transferred to section 60-6,235.

39-6,128. Transferred to section 60-6,283.

39-6,129. Transferred to section 60-6,304.

39-6,130. Transferred to section 60-6,243.

39-6,130.01. Transferred to section 60-6,293.

39-6,130.02. Repealed. Laws 1993, LB 370, § 495.

39-6,131. Transferred to section 60-6,250.

39-6,131.01. Repealed. Laws 1983, LB 50, § 2.

39-6,131.02. Repealed. Laws 1983, LB 50, § 2.

39-6,131.03. Repealed. Laws 1983, LB 50, § 2.

39-6,131.04. Repealed. Laws 1983, LB 50, § 2.

39-6,131.05. Repealed. Laws 1983, LB 50, § 2.

39-6,131.06. Repealed. Laws 1983, LB 50, § 2.

39-6,131.07. Repealed. Laws 1983, LB 50, § 2.

39-6,131.08. Transferred to section 60-6,251.

39-6,131.09. Transferred to section 60-6,252.

39-6,131.10. Repealed. Laws 1993, LB 370, § 495.

39-6,132. Transferred to section 60-6,284.

39-6,133. Transferred to section 60-6,244.

39-6,134. Transferred to section 60-6,246.

39-6,135. Transferred to section 60-6,285.

39-6,136. Transferred to section 60-6,255.

39-6,136.01. Transferred to section 60-6,257.

39-6,136.02. Transferred to section 60-6,258.

39-6,136.03. Transferred to section 60-6,259.

39-6,136.04. Transferred to section 60-6,260.

39-6,136.05. Transferred to section 60-6,261.

39-6,137. Transferred to section 60-6,286.

39-6,138. Transferred to section 60-6,219.

39-6,138.01. Transferred to section 60-6,319.

39-6,138.02. Repealed. Laws 1993, LB 370, § 495.

39-6,139. Transferred to section 60-6,225.

39-6,140. Transferred to section 60-6,221.

39-6,141. Transferred to section 60-6,227.

39-6,142. Transferred to section 60-6,223.

39-6,143. Repealed. Laws 1987, LB 224, § 31.

39-6,144. Repealed. Laws 1987, LB 224, § 31.

39-6,145. Repealed. Laws 1987, LB 224, § 31.

39-6,146. Repealed. Laws 1987, LB 224, § 31.

39-6,147. Transferred to section 60-6,229.

39-6,148. Transferred to section 60-6,230.

39-6,149. Transferred to section 60-6,231.

39-6,150. Transferred to section 60-6,232.

39-6,151. Transferred to section 60-6,233.

39-6,152. Transferred to section 60-6,234.

39-6,153. Repealed. Laws 1993, LB 370, § 495.

39-6,154. Transferred to section 60-6,228.

39-6,155. Transferred to section 60-6,263.

39-6,156. Transferred to section 60-6,262.

39-6,157. Repealed. Laws 1987, LB 224, § 31.

39-6,158. Repealed. Laws 1987, LB 224, § 31.

39-6,159. Repealed. Laws 1993, LB 370, § 495.

39-6,160. Transferred to section 60-6,264.

39-6,161. Transferred to section 60-6,247.

39-6,162. Transferred to section 60-6,236.

39-6,163. Transferred to section 60-6,237.

39-6,164. Transferred to section 60-6,238.

39-6,165. Transferred to section 60-6,239.

39-6,166. Transferred to section 60-6,240.

39-6,167. Repealed. Laws 1987, LB 224, § 31.

39-6,168. Repealed. Laws 1987, LB 224, § 31.

39-6,169. Transferred to section 60-6,287.

39-6,170. Transferred to section 60-6,256.

39-6,171. Transferred to section 60-6,266.

39-6,172. Transferred to section 60-6,248.

39-6,173. Repealed. Laws 1980, LB 633, § 10.

39-6,174. Repealed. Laws 1980, LB 633, § 10.

39-6,175. Repealed. Laws 1980, LB 633, § 10.

39-6,176. Repealed. Laws 1993, LB 370, § 495.

39-6,177. Transferred to section 60-6,288.

39-6,178. Transferred to section 60-6,289.

39-6,179. Transferred to section 60-6,290.

39-6,179.01. Transferred to section 60-6,292.

39-6,179.02. Repealed. Laws 1993, LB 370, § 495.

39-6,180. Transferred to section 60-6,294.

39-6,180.01. Transferred to section 60-6,295.

39-6,180.02. Transferred to section 60-6,297.

39-6,181. Transferred to section 60-6,298.

39-6,181.01. Transferred to section 60-6,299.

39-6,181.02. Repealed. Laws 1993, LB 370, § 495.

39-6,182. Transferred to section 60-6,300.

39-6,183. Transferred to section 60-6,191.

39-6,184. Transferred to section 60-6,296.

39-6,185. Transferred to section 60-6,301.

39-6,185.01. Transferred to section 60-6,302.

39-6,186. Transferred to section 60-6,303.

39-6,187. Repealed. Laws 1993, LB 370, § 495.

39-6,188. Transferred to section 60-6,291.

39-6,189. Transferred to section 60-681.

39-6,190. Transferred to section 39-310.

39-6,191. Transferred to section 25-21,237.

39-6,191.01. Transferred to section 25-21,238.

39-6,192. Transferred to section 60-683.

39-6,193. Transferred to section 25-21,239.

39-6,194. Transferred to section 74-1317.

39-6,195. Transferred to section 74-1318.

39-6,196. Transferred to section 60-6,309.

39-6,197. Transferred to section 60-6,310.

39-6,198. Transferred to section 60-6,311.

39-6,199. Transferred to section 60-6,312.

39-6,200. Transferred to section 60-6,313.

39-6,201. Repealed. Laws 1993, LB 370, § 495.

39-6,202. Repealed. Laws 1993, LB 370, § 495.

39-6,203. Repealed. Laws 1993, LB 370, § 495.

39-6,204. Repealed. Laws 1993, LB 370, § 495.

39-6,205. Transferred to section 60-6,275.

39-6,206. Transferred to section 60-6,274.

39-6,207. Transferred to section 60-6,276.

39-6,208. Repealed. Laws 1993, LB 370, § 495.

39-6,209. Transferred to section 60-6,277.

39-6,210. Transferred to section 60-6,278.

39-6,211. Transferred to section 60-6,279.

39-6,212. Transferred to section 60-6,280.

39-6,213. Transferred to section 60-6,281.

39-6,214. Transferred to section 60-6,282.

39-701. Repealed. Laws 1963, c. 218, § 1.

39-702. Repealed. Laws 1963, c. 218, § 1.

39-703. Transferred to section 39-301.

39-703.01. Transferred to section 39-302.

39-704. Transferred to section 39-303.

39-705. Transferred to section 39-307.

39-706. Transferred to section 39-305.

39-707. Transferred to section 39-306.

39-708. Repealed. Laws 1969, c. 306, § 2.

39-709. Repealed. Laws 1969, c. 306, § 2.

39-710. Repealed. Laws 1969, c. 306, § 2.

39-711. Repealed. Laws 1969, c. 306, § 2.

39-712. Repealed. Laws 1969, c. 306, § 2.

39-712.01. Transferred to section 39-312.

39-713. Repealed. Laws 1973, LB 45, § 125.

39-713.01. Repealed. Laws 1973, LB 45, § 125.

39-714. Transferred to section 39-619.01.

39-714.01. Transferred to section 39-201.

39-714.02. Repealed. Laws 1993, LB 370, § 495.

39-714.03. Repealed. Laws 1973, LB 45, § 125.

39-714.04. Repealed. Laws 1974, LB 593, § 9.

39-714.05. Transferred to section 39-618.01.

39-715. Transferred to section 39-304.

39-716. Transferred to section 39-6,190.

39-717. Transferred to section 39-309.

39-718. Repealed. Laws 1974, LB 593, § 9.

39-719. Transferred to section 39-6,177.

39-719.01. Repealed. Laws 1973, LB 45, § 125.

39-720. Transferred to section 39-6,178.

39-721. Transferred to section 39-6,179.

39-722. Transferred to section 39-6,180.

39-722.01. Transferred to section 39-6,181.

39-722.02. Transferred to section 39-6,180.01.

39-723. Repealed. Laws 1973, LB 45, § 125.

39-723.01. Repealed. Laws 1961, c. 185, § 5.

39-723.02. Repealed. Laws 1973, LB 45, § 125.

39-723.03. Transferred to section 39-6,182.

39-723.04. Transferred to section 39-6,123.

39-723.05. Transferred to section 39-6,183.

39-723.06. Transferred to section 39-6,184.

39-723.07. Transferred to section 39-6,185.

39-723.08. Transferred to section 39-6,186.

39-723.09. Transferred to section 39-6,187.

39-723.10. Transferred to section 39-6,125.

39-723.11. Transferred to section 39-6,126.

39-724. Repealed. Laws 1973, LB 45, § 125.

39-724.01. Repealed. Laws 1973, LB 45, § 125.

39-725. Transferred to section 39-6,188.

39-726. Transferred to section 39-6,106.01.

39-727. Transferred to section 39-669.07.

39-727.01. Repealed. Laws 1971, LB 948, § 8.

39-727.02. Repealed. Laws 1971, LB 948, § 8.

39-727.03. Transferred to section 39-669.08.

39-727.04. Transferred to section 39-669.09.

39-727.05. Transferred to section 39-669.10.

39-727.06. Transferred to section 39-669.11.

39-727.07. Transferred to section 39-669.12.

39-727.08. Repealed. Laws 1971, LB 948, § 8.

39-727.09. Repealed. Laws 1971, LB 948, § 8.

39-727.10. Repealed. Laws 1971, LB 948, § 8.

39-727.11. Repealed. Laws 1971, LB 948, § 8.

39-727.12. Repealed. Laws 1971, LB 948, § 8.

39-727.13. Transferred to section 39-669.13.

39-727.14. Repealed. Laws 1971, LB 948, § 8.

39-727.15. Transferred to section 39-669.14.

39-727.16. Transferred to section 39-669.15.

39-727.17. Transferred to section 39-669.16.

39-727.18. Transferred to section 39-669.17.

39-727.19. Transferred to section 39-669.18.

39-727.20. Transferred to section 39-669.19.

39-727.21. Transferred to section 39-669.31.

39-727.22. Transferred to section 39-669.32.

39-728. Repealed. Laws 1971, LB 265, § 11.

39-729. Repealed. Laws 1973, LB 45, § 125.

39-730. Repealed. Laws 1974, LB 593, § 9.

39-731. Repealed. Laws 1973, LB 45, § 125.

39-732. Repealed. Laws 1973, LB 45, § 125.

39-733. Transferred to section 39-628.01.

39-734. Repealed. Laws 1974, LB 593, § 9.

39-735. Transferred to section 39-6,127.

39-735.01. Transferred to section 39-6,128.

39-735.02. Transferred to section 39-6,129.

39-735.03. Repealed. Laws 1974, LB 593, § 9.

39-736. Repealed. Laws 1973, LB 45, § 125.

39-737. Repealed. Laws 1973, LB 45, § 125.

39-737.01. Repealed. Laws 1973, LB 45, § 125.

39-738. Repealed. Laws 1973, LB 45, § 125.

39-739. Repealed. Laws 1973, LB 45, § 125.

39-740. Transferred to section 39-6,191.

39-741. Repealed. Laws 1973, LB 45, § 125.

39-742. Repealed. Laws 1973, LB 45, § 125.

39-743. Repealed. Laws 1973, LB 45, § 125.

39-744. Repealed. Laws 1973, LB 45, § 125.

39-745. Repealed. Laws 1973, LB 45, § 125.

39-745.01. Repealed. Laws 1973, LB 45, § 125.

39-746. Repealed. Laws 1973, LB 45, § 125.

39-746.01. Repealed. Laws 1973, LB 45, § 125.

39-746.02. Repealed. Laws 1973, LB 45, § 125.

39-746.03. Repealed. Laws 1973, LB 45, § 125.

39-746.04. Repealed. Laws 1973, LB 45, § 125.

39-746.05. Repealed. Laws 1973, LB 45, § 125.

39-746.06. Repealed. Laws 1973, LB 45, § 125.

39-746.07. Repealed. Laws 1973, LB 45, § 125.

39-746.08. Repealed. Laws 1973, LB 45, § 125.

39-747. Repealed. Laws 1973, LB 45, § 125.

39-748. Repealed. Laws 1961, c. 190, § 9.

39-749. Repealed. Laws 1973, LB 45, § 125.

39-750. Repealed. Laws 1973, LB 45, § 125.

39-751. Repealed. Laws 1973, LB 45, § 125.

39-752. Repealed. Laws 1973, LB 45, § 125.

39-752.01. Repealed. Laws 1973, LB 45, § 125.

39-753. Repealed. Laws 1973, LB 45, § 125.

39-754. Repealed. Laws 1973, LB 45, § 125.

39-754.01. Repealed. Laws 1973, LB 45, § 125.

39-754.02. Repealed. Laws 1973, LB 45, § 125.

39-754.03. Repealed. Laws 1973, LB 45, § 125.

39-754.04. Repealed. Laws 1973, LB 45, § 125.

39-754.05. Repealed. Laws 1973, LB 45, § 125.

39-754.06. Repealed. Laws 1973, LB 45, § 125.

39-754.07. Repealed. Laws 1973, LB 45, § 125.

39-754.08. Repealed. Laws 1973, LB 45, § 125.

39-754.09. Repealed. Laws 1973, LB 45, § 125.

39-755. Repealed. Laws 1973, LB 45, § 125.

39-756. Repealed. Laws 1973, LB 45, § 125.

39-757. Repealed. Laws 1973, LB 45, § 125.

39-757.01. Repealed. Laws 1973, LB 45, § 125.

39-758. Repealed. Laws 1973, LB 45, § 125.

39-759. Repealed. Laws 1973, LB 45, § 125.

39-760. Repealed. Laws 1973, LB 45, § 125.

39-761. Repealed. Laws 1973, LB 45, § 125.

39-762. Transferred to section 39-6,104.01.

39-762.01. Transferred to section 39-6,104.02.

39-763. Transferred to section 39-6,104.03.

39-764. Transferred to section 39-6,104.04.

39-764.01. Repealed. Laws 1973, LB 45, § 125.

39-765. Transferred to section 39-6,104.05.

39-766. Repealed. Laws 1973, LB 45, § 125.

39-767. Repealed. Laws 1973, LB 45, § 125.

39-768. Repealed. Laws 1973, LB 45, § 125.

39-769. Transferred to section 39-6,130.

39-770. Transferred to section 39-6,189.

39-771. Transferred to section 39-6,131.

39-772. Transferred to section 39-6,132.

39-773. Transferred to section 39-6,133.

39-773.01. Transferred to section 39-6,134.

39-774. Transferred to section 39-6,135.

39-775. Transferred to section 39-6,124.

39-776. Transferred to section 39-6,136.

39-777. Transferred to section 39-6,137.

39-778. Transferred to section 39-6,138.

39-779. Transferred to section 39-6,139.

39-780. Transferred to section 39-6,140.

39-780.01. Transferred to section 39-6,141.

39-781. Transferred to section 39-6,142.

39-782. Transferred to section 39-6,143.

39-783. Transferred to section 39-6,144.

39-784. Repealed. Laws 1973, LB 240, § 4.

39-784.01. Repealed. Laws 1973, LB 240, § 4.

39-785. Repealed. Laws 1973, LB 240, § 4.

39-786. Transferred to section 39-6,145.

39-787. Transferred to section 39-6,146.

39-788. Transferred to section 39-6,147.

39-788.01. Transferred to section 39-6,148.

39-788.02. Transferred to section 39-6,149.

39-788.03. Transferred to section 39-6,150.

39-788.04. Transferred to section 39-6,151.

39-788.05. Transferred to section 39-6,152.

39-788.06. Transferred to section 39-6,153.

39-788.07. Transferred to section 39-6,154.

39-789. Repealed. Laws 1973, LB 45, § 125.

39-790. Repealed. Laws 1973, LB 45, § 125.

39-791. Repealed. Laws 1973, LB 45, § 125.

39-792. Repealed. Laws 1973, LB 45, § 125.

39-793. Repealed. Laws 1973, LB 45, § 125.

39-794. Transferred to section 39-669.22.

39-795. Transferred to section 39-669.23.

39-796. Transferred to section 39-669.24.

39-797. Transferred to section 39-669.25.

39-798. Repealed. Laws 1974, LB 593, § 9.

39-799. Repealed. Laws 1973, LB 45, § 125.

39-7,100. Repealed. Laws 1961, c. 284, § 1.

39-7,101. Transferred to section 39-6,155.

39-7,102. Transferred to section 39-6,156.

39-7,103. Transferred to section 39-6,157.

39-7,104. Transferred to section 39-6,158.

39-7,105. Transferred to section 39-6,159.

39-7,106. Transferred to section 39-6,160.

39-7,107. Transferred to section 39-669.01.

39-7,107.01. Transferred to section 39-669.02.

39-7,107.02. Transferred to section 39-669.03.

39-7,107.03. Transferred to section 39-669.04.

39-7,107.04. Transferred to section 39-669.05.

39-7,107.05. Transferred to section 39-669.06.

39-7,108. Repealed. Laws 1973, LB 45, § 125.

39-7,108.01. Repealed. Laws 1973, LB 45, § 125.

39-7,108.02. Repealed. Laws 1973, LB 45, § 125.

39-7,109. Repealed. Laws 1973, LB 45, § 125.

39-7,110. Repealed. Laws 1973, LB 45, § 125.

39-7,111. Repealed. Laws 1973, LB 45, § 125.

39-7,112. Transferred to section 39-670.01.

39-7,113. Transferred to section 39-6,161.

39-7,114. Repealed. Laws 1974, LB 593, § 9.

39-7,115. Repealed. Laws 1973, LB 45, § 125.

39-7,116. Repealed. Laws 1973, LB 45, § 125.

39-7,117. Repealed. Laws 1973, LB 45, § 125.

39-7,118. Transferred to section 39-6,162.

39-7,118.01. Transferred to section 39-6,163.

39-7,119. Transferred to section 39-6,164.

39-7,120. Transferred to section 39-6,165.

39-7,121. Transferred to section 39-6,166.

39-7,122. Transferred to section 39-6,167.

39-7,123. Transferred to section 39-6,168.

39-7,123.01. Transferred to section 39-6,169.

39-7,123.02. Repealed. Laws 1973, LB 45, § 125.

39-7,123.03. Repealed. Laws 1973, LB 45, § 125.

39-7,123.04. Transferred to section 39-6,170.

39-7,123.05. Transferred to section 39-6,171.

39-7,123.06. Transferred to section 39-6,172.

39-7,123.07. Transferred to section 39-6,173.

39-7,123.08. Transferred to section 39-6,174.

39-7,123.09. Transferred to section 39-6,175.

39-7,123.10. Transferred to section 39-6,176.

39-7,123.11. Repealed. Laws 1973, LB 45, § 125.

39-7,124. Transferred to section 39-6,192.

39-7,125. Transferred to section 39-669.20.

39-7,126. Transferred to section 39-669.21.

39-7,127. Repealed. Laws 1973, LB 45, § 125.

39-7,128. Transferred to section 39-669.26.

39-7,128.01. Repealed. Laws 1961, c. 284, § 1.

39-7,129. Transferred to section 39-669.27.

39-7,130. Transferred to section 39-669.28.

39-7,131. Repealed. Laws 1959, c. 174, § 5.

39-7,132. Transferred to section 39-669.29.

39-7,133. Transferred to section 39-669.30.

39-7,134. Repealed. Laws 1973, LB 45, § 125.

39-7,134.01. Transferred to section 39-699.01.

39-7,135. Transferred to section 39-6,193.

39-7,136. Transferred to section 39-6,194.

39-7,137. Transferred to section 39-6,195.

39-801. Repealed. Laws 1996, LB 1114, § 75.

39-802. County special emergency bridge levy; collection; disbursement.

The funds arising from the special emergency bridge levy shall be collected in the same manner as the funds arising from the county general levy. The county treasurer shall keep a separate account of such funds and shall deposit them the same as county general funds are required to be deposited. Such special emergency bridge fund shall be at the disposal of the county board to be used by the board for the construction or repair of bridges whenever in the judgment of the board an emergency has arisen warranting the use of the same.

Source:Laws 1909, c. 32, § 2, p. 214; R.S.1913, § 3002; C.S.1922, § 2754; C.S.1929, § 39-840; R.S.1943, § 39-802.


39-803. City or village bridge; vehicle exceeding maximum weight; claim or damages not allowed.

Any person owning, operating, or traveling in any vehicle which exceeds the maximum weight carrying capacity or load limit conspicuously posted or attached to any bridge within the jurisdiction or under the administration or control of any city or village shall not have a claim against or recover damages from such city or village for any claim or injury arising out of the vehicle being upon or crossing such bridge.

Source:Laws 1990, LB 1077, § 1.


39-803.01. Repealed. Laws 1976, LB 678, § 1.

39-803.02. Repealed. Laws 1976, LB 678, § 1.

39-803.03. Repealed. Laws 1976, LB 678, § 1.

39-803.04. Repealed. Laws 1976, LB 678, § 1.

39-803.05. Repealed. Laws 1976, LB 678, § 1.

39-803.06. Repealed. Laws 1976, LB 678, § 1.

39-804. Bridges in cities and villages; construction and repair by counties.

The county board may, in its discretion, whenever there is sufficient money on hand in the county road fund, build or repair any bridge or bridges within the limits of any incorporated city or village in its county.

Source:Laws 1879, § 58, p. 133; R.S.1913, § 2975; C.S.1922, § 2733; C.S.1929, § 39-820; R.S.1943, § 39-804.


39-805. Bridge over irrigation or drainage ditch; construction and maintenance; cost; how paid.

Whenever any public highway within this state shall cross or be crossed by any ditch or channel of any public drainage or irrigation district, it shall be the duty of the governing board of the drainage or irrigation district and the governing board of the county or municipal corporation involved to negotiate and agree for the building and maintenance of bridges and approaches thereto on such terms as shall be equitable, all things considered, between such drainage or irrigation district and such county or municipality. If such boards for any reason shall fail to agree with reference to such matter, it shall be the duty of the drainage or irrigation district to build the necessary bridges and approaches, and restore the highway in question to its former state as nearly as may be as it was laid out prior to the construction of the ditch or channel in question, and it shall be the duty of the county or municipal corporation involved to maintain the bridges and approaches. Where more than seventy-five percent of the water passing through any such ditch or channel is used by any person, firm, or corporation for purposes other than irrigation or drainage, it shall be the duty of such person, firm, or corporation, so using such seventy-five percent or more of such water, to build and maintain solely at the expense of such person, firm, or corporation, all such bridges and approaches thereto. Any bridge that may be built by any drainage or irrigation district or by any person, firm, or corporation under the provisions of this section shall be constructed under the supervision of the Department of Transportation, if on a state highway, and under the supervision of the county board or governing body of a municipality, if under the jurisdiction of such board or governing body of such municipality.

Source:Laws 1913, c. 172, § 1, p. 524; R.S.1913, § 2983; C.S.1922, § 2734; Laws 1929, c. 172, § 1, p. 586; C.S.1929, § 39-821; R.S.1943, § 39-805; Laws 2017, LB339, § 110.    
Operative Date: July 1, 2017


Cross References

Annotations

39-806. Destroying bridge or landmark; penalty.

If any person shall knowingly, willfully, and maliciously demolish, cut down or destroy any private, public or toll bridge, cut, fell, deface, alter, remove or destroy any landmark, corner or bearing tree, witness trench and pits or witness pits, properly established, the person so offending shall be guilty of a Class III misdemeanor.

Source:G.S.1873, §§ 58, 99, p. 743; R.S.1913, § 3003; Laws 1915, c. 59, § 1, p. 153; C.S.1922, § 2755; C.S.1929, § 39-841; R.S.1943, § 39-806; Laws 1977, LB 40, § 208.


Cross References

39-807. Signs or advertising on bridges or culverts; when unlawful.

It is hereby declared unlawful for any person or persons whether for himself, herself, or themselves or as the agent, servant, or employee of any firm, association, corporation, partnership, or limited liability company to post, paste, paint, tack, fasten or otherwise secure to any bridge or culvert in the State of Nebraska, any bills, billboards, signs, posters, advertisements, or banners of any matter or description whatsoever, whether of paper, metal, wood, or other composition. Nothing in this section shall be construed to prohibit road markers designating a particular highway being painted on bridges and culverts.

Source:Laws 1917, c. 186, § 1, p. 424; C.S.1922, § 2756; C.S.1929, § 39-842; R.S.1943, § 39-807; Laws 1993, LB 121, § 208.


39-808. Signs or advertising on bridges or culverts; violation; penalty.

If any person or persons, whether for himself, herself, or themselves or as the agent, servant, or employee of any firm, association, corporation, partnership, or limited liability company violates section 39-807, such person or persons shall be guilty of a Class V misdemeanor.

Source:Laws 1917, c. 186, § 2, p. 424; C.S.1922, § 2757; C.S.1929, § 39-843; R.S.1943, § 39-808; Laws 1977, LB 40, § 209; Laws 1993, LB 121, § 209.


39-809. Bridge, culvert, or highway construction; flood damages; liability of county or township; limitation.

If any special damage happens to the property of any person, firm or corporation from the accumulation of water due to the construction or repair of any bridge, culvert or highway, which the county or township is liable to construct or keep in repair, through the fault, neglect or oversight of the board of county commissioners or supervisors, township board, road overseer or other officer in charge of road work, such person, firm or corporation may recover in an action against the county or township so repairing or constructing such bridge, culvert or highway. If the damage occurs in consequence of the construction of any bridge, culvert or highway, erected and maintained by two or more counties or townships, the action can be brought against one of the counties or townships, or all of the counties and townships liable for the erection and for the repair of the same; and damages and costs shall be paid by the counties or townships in proportion as they are liable for the repairs; Provided, the procedure for bringing claims and suits under this section shall be the same as for claims and suits under sections 13-901 to 13-926.

Source:Laws 1921, c. 290, § 1, p. 940; C.S.1922, § 2747; C.S.1929, § 39-833; R.S.1943, § 39-809; Laws 1959, c. 181, § 9, p. 657; Laws 1969, c. 138, § 25, p. 636.


Annotations

39-810. Bridges; culverts; construction and repair; road improvements; contracts; letting; procedures.

(1)(a) The county board of each county may erect and repair all bridges and approaches thereto and build all culverts and make improvements on roads, including the purchase of gravel for roads, and stockpile any materials to be used for such purposes, the cost and expense of which shall for no project exceed one hundred thousand dollars.

(b) All contracts for the erection or repair of bridges and approaches thereto or for the building of culverts and improvements on roads, the cost and expense of which shall exceed one hundred thousand dollars, shall be let by the county board to the lowest responsible bidder.

(c) All contracts for materials for repairing, erecting, and constructing bridges and approaches thereto or culverts or for the purchase of gravel for roads, the cost and expense of which exceed twenty thousand dollars, shall be let to the lowest responsible bidder, but the board may reject any and all bids submitted for such materials.

(d) Upon rejection of any bid or bids by the board of such a county, such board shall have power and authority to purchase materials to repair, erect, or construct the bridges of such county, approaches thereto, or culverts or to purchase gravel for roads.

(e) All contracts for bridge erection or repair, approaches thereto, culverts, or road improvements in excess of twenty thousand dollars shall require individual cost-accounting records on each individual project. The total costs of each such separate project shall be included in the annual reports to the Board of Public Roads Classifications and Standards as required by section 39-2120.

(2)(a) Except as otherwise provided in subdivision (b) of this subsection, all bids for the letting of contracts shall be deposited with the county clerk of such a county, opened by him or her in the presence of the county board, and filed in such clerk's office.

(b) In a county with a population of more than one hundred fifty thousand inhabitants with a purchasing agent under section 23-3105, the bids shall be opened as directed pursuant to section 23-3111.

Source:Laws 1905, c. 126, § 1, p. 540; Laws 1911, c. 111, § 1, p. 391; R.S.1913, § 2956; C.S.1922, § 2714; C.S.1929, § 39-801; Laws 1931, c. 84, § 1, p. 222; C.S.Supp.,1941, § 39-801; R.S.1943, § 39-810; Laws 1955, c. 159, § 1, p. 462; Laws 1969, c. 328, § 1, p. 1173; Laws 1975, LB 115, § 1; Laws 1988, LB 429, § 1; Laws 2013, LB623, § 1;    Laws 2017, LB86, § 1.    
Effective Date: August 24, 2017


Cross References

Annotations

39-811. Bridges; construction and repair; materials used; itemized statement; bridge record.

The records of each county board pertaining to such improvements shall be kept in a separate book provided for that purpose. The book shall be kept indexed up to date. A complete record of each bridge repaired or constructed by the county shall be kept in the book as hereinafter provided. (1) The date of construction or repair must be given. (2) The bridge repaired or constructed must be located by giving its distance and direction from the nearest section corner, stating which section corner, naming the section and township in which the section is located. (3) There must be recorded an itemized statement of all material used, giving the amount, kind, quality, and price of material and date furnished, which statement must be sworn to by the person or persons furnishing the same, and an itemized statement of all work and labor performed, giving the number of days, the dates, and the price per day, which statement must be sworn to by the person or persons performing such work. The original statements for material and labor shall be filed away by the county clerk, and it shall be designated in the record where they are filed; Provided, such record shall be kept by the county engineer in counties having such officer. (4) An itemized statement of all material used in construction of approaches and culverts, and of all material used in improvements on roads, and all labor performed, must be signed and sworn to by the party or parties furnishing the material and the party or parties performing the labor; and the record of such improvements shall be kept in the same manner as is herein provided in repairing or constructing bridges by the county. (5) A similar record of all bridges or improvements made by contract shall be kept in such book.

Source:Laws 1905, c. 126, § 1, p. 540; Laws 1911, c. 111, § 1, p. 391; R.S.1913, § 2956; C.S.1922, § 2714; C.S.1929, § 39-801; Laws 1931, c. 84, § 1, p. 222; C.S.Supp.,1941, § 39-801; R.S.1943, § 39-811.


Annotations

39-812. Bridge construction; yearly contracts; when made; when authorized; terms.

The county board of each county in the state shall have power and is hereby authorized to make annual contracts, which contracts may be made after July 1 of any year and cover the fiscal year of the county, for the construction and erection of the superstructure, the substructure and approaches of all bridges, and for furnishing the materials in connection with the same, to be built within their respective counties for the period of one year, at a specified sum per lineal foot for the superstructure of all such bridges; at a specified sum per lineal foot for the superstructure of all such approaches; at a specified sum per lineal foot for all piling used in the substructure of all bridges and approaches; and at a specified sum per foot, board measure, for all caps, sway braces, and other wood materials used in the substructure of such bridges and approaches.

Source:Laws 1905, c. 126, § 2, p. 540; R.S.1913, § 2957; C.S.1922, § 2715; C.S.1929, § 39-802; R.S.1943, § 39-812; Laws 1947, c. 150, § 1, p. 415.


Cross References

Annotations

39-813. Bridge construction; yearly contracts; concrete substructures; terms.

In the event the substructure of such bridges or approaches is built wholly or in part of stone, brick, cement or concrete, the contract for the portion of the substructure to be built of such material shall be let at a specified sum per cubic foot in place.

Source:Laws 1905, c. 126, § 3, p. 540; R.S.1913, § 2958; C.S.1922, § 2716; C.S.1929, § 39-803; R.S.1943, § 39-813.


39-814. Bridge construction; yearly contracts; metal substructures; terms.

In the event the substructure of such bridges or approaches is wholly or in part of iron, steel or other metal, the contract for the portion of the substructure to be built of iron, steel or other metal shall be let at a specified sum per lineal foot for tubing, and at a specified sum per pound for all other metal in place.

Source:Laws 1905, c. 126, § 4, p. 540; R.S.1913, § 2959; C.S.1922, § 2717; C.S.1929, § 39-804; R.S.1943, § 39-814.


39-815. Bridge repairs; yearly contracts; terms.

The county board shall have the power and is hereby authorized to make yearly contracts for repairing all bridges and approaches to bridges which are required to be built, repaired, and maintained by the county, at a specified sum per unit quantity in place.

Source:Laws 1905, c. 126, § 5, p. 540; R.S.1913, § 2960; C.S.1922, § 2718; C.S.1929, § 39-805; R.S.1943, § 39-815.


Annotations

39-816. Superstructure, substructure, unit quantity in place, defined.

The word superstructure as used in sections 39-812 to 39-815 and 39-820, is hereby defined to mean all that part of a bridge or an approach thereto directly above and resting upon the stone or concrete abutments or piers, iron tubings, pile caps or other similar supports. The word substructure, as used in said sections, is hereby defined to mean all that portion of a bridge or approach thereto directly under and upon which rests the superstructure. The term unit quantity in place, as used in said sections, shall mean cubic feet of stone, cement, brick or concrete; lineal feet of piling; feet of lumber, board measure; lineal feet of tubing; and pounds of all other metal when properly placed in the bridge, approach or culverts according to the terms of the contract.

Source:Laws 1905, c. 126, §§ 6, 7, 8, p. 541; R.S.1913, §§ 2961, 2962, 2963; C.S.1922, §§ 2719, 2720, 2721; C.S.1929, §§ 39-806, 39-807, 39-808; R.S.1943, § 39-816.


39-817. Bridge construction contracts; advertisement for bids; contents; bids; certified checks or cash deposits required.

Before any contract shall be let as aforesaid, the county board shall cause to be published three consecutive weeks, in a newspaper printed and of general circulation in the county or, if there is no newspaper printed in the county, in a newspaper of general circulation in the county, an advertisement inviting contractors to compete for such work. Such notice shall state the general character of the work, the number and kind of bridges required to be built, their proposed location as nearly as can be estimated and determined, the time within which and the place where such bids must be presented, and the time and place of opening such bids. No bids shall be considered unless accompanied by a certified check or cash, the amount of which is to be determined by the county board. All such checks shall be made payable to the county clerk of the county, to be forfeited to the county in case the bidder refuses to enter into a contract with the county, if the same is awarded to him.

Source:Laws 1905, c. 126, § 9, p. 541; R.S.1913, § 2964; C.S.1922, § 2722; C.S.1929, § 39-809; R.S.1943, § 39-817; Laws 1953, c. 136, § 1, p. 424.


Annotations

39-818. Bridge construction contracts; bidding blanks; infringement on patent rights; bids; acceptance or rejection; construction by county.

The county board shall require bidders to bid upon plans and specifications on bidding blanks prepared by the Director-State Engineer or such other officer who may have charge of such matters in this state, to be furnished by Director-State Engineer free of charge, which shall be adopted by the county board; Provided, if the county board should adopt plans and specifications which infringe on any patent right granted under and by virtue of the laws of the United States, the county board shall endorse on the plans and specifications the name of the owner of such patent right or the name of the party entitled to receive royalties therefor, and the amount of royalties received by the owner or party entitled thereto; and the board may accept the lowest responsible bid and award the contract accordingly or reject any and all bids submitted for such work. Upon the rejection of any bid or bids by the board, it shall have the power and authority to purchase the necessary bridge material and employ the necessary labor to construct and repair bridges to be built by the county within one year; the purpose being that the county board shall be vested with power and authority to purchase the necessary material and employ the necessary labor, to construct and repair the bridges of the county within one year; Provided, however, nothing herein contained shall prevent any person or corporation from submitting to the Director-State Engineer plans and specifications for his consideration.

Source:Laws 1905, c. 126, § 10, p. 542; Laws 1913, c. 88, § 1, p. 230; R.S.1913, § 2965; C.S.1922, § 2723; C.S.1929, § 39-810; R.S.1943, § 39-818.


Cross References

39-819. Bridge construction contracts; plans and specifications; uniformity required; contents; inspection of work by Director-State Engineer.

The county board shall not let or enter into any contract or contracts for the erection of any bridge, the estimated cost of which bridge shall exceed the sum of five hundred dollars, except upon uniform plans and specifications and bidding blanks prepared by the Director-State Engineer, or such other officers who may have charge of such matters in this state, which plans shall be drawn to scale and shall show the outline of the bridge or bridges as it or they will appear when completed. The plans and specifications shall also show at least one cross-sectional view of each. They shall show the name, number, size, grade, dimensions, mixture or other quality of all work and material to be used in the construction of the bridge or bridges. It shall be the duty of the Director-State Engineer or such other officer who may have charge of such matters in this state, to inspect and check the completed work when called upon so to do by the county board, or by the written request of five resident freeholders of the county.

Source:Laws 1905, c. 126, § 11, p. 542; Laws 1913, c. 88, § 1, p. 231; R.S.1913, § 2966; C.S.1922, § 2724; C.S.1929, § 39-811; R.S.1943, § 39-819.


39-820. Bridge and culvert construction contracts; separate bids required on each type; yearly contracts; letting; conditions.

All bidders for the erection and repair of bridges and approaches thereto and for the building of culverts and improvements on roads, when the cost of such erection, repair, building, or improvement shall exceed one hundred dollars, shall be required to bid separately on each different kind and class of bridge with approaches thereto and on each culvert or improvement on roads. The lowest and best bidder on each kind or class of bridges, culverts, or improvements shall be awarded a contract for the same or all bids on the same shall be rejected. The term bridge shall be understood to include both superstructure, substructure, and approaches as herein defined. All bridges constructed entirely of wood shall be considered as constituting a single class, and each different length or style of metal or combination bridge shall constitute a separate class. The county board shall award the contract for building all the same kind and class of bridges, approaches, and culverts that may be required during the year to the lowest and best bidder on such bridges, approaches, and culverts, the object of this section being to give the county board full power to disregard blanket or collective bids. The lowest and best bidder shall enter into a bond with good and sufficient surety or furnish an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska in accordance with the provisions of section 39-825.

Source:Laws 1905, c. 126, § 13, p. 543; R.S.1913, § 2967; C.S.1922, § 2725; C.S.1929, § 39-812; R.S.1943, § 39-820; Laws 1987, LB 211, § 5.


Cross References

39-821. Bridge and culvert construction contracts; plans, specifications, and estimates; preparation; approval; printed copies furnished to counties.

The Director-State Engineer, or such other officer who may have charge of such matters in this state, shall prepare plans, specifications, and estimates of the cost of construction, which shall be uniform throughout the state, and strain sheets and estimates of cost of all such standard pattern bridges, the estimated cost of which will exceed five hundred dollars each, as are best adapted to the requirements of the several counties; Provided, such plans, specifications, and estimates shall be based upon proper and sufficient data which shall be furnished to the secretary of the county board; and the Director-State Engineer shall supply the several counties with the number of prints of plans and strain sheets and printed copies of specifications, ordered by said counties, free of charge, and he shall retain all drawings in his office to be turned over to his successor.

Source:Laws 1905, c. 126, § 14, p. 543; Laws 1913, c. 88, § 1, p. 232; R.S.1913, § 2968; Laws 1921, c. 286, § 1, p. 934; C.S.1922, § 2726; C.S.1929, § 39-813; R.S.1943, § 39-821.


39-822. Bridge and culvert construction contracts; plans, specifications, and estimates furnished to bidders; statement of construction done.

The county board shall keep in the office of the county clerk of the county a sufficient supply of the prints of the plans and the printed copies of the specifications and estimates of the cost of construction mentioned in section 39-821, to be furnished by the Director-State Engineer for distribution to prospective bidders and taxpayers of the county. No contract shall be entered into under the provisions of sections 39-810 to 39-826 for the construction or erection of any bridge or bridges unless, for the period of thirty days immediately preceding the time of entering into such contract, there shall have been available for distribution by the county clerk such plans and specifications. The county boards of the several counties shall prepare and transmit to the Department of Transportation a statement accompanied by the plans and specifications, showing the cost of all bridges built in their counties under the provisions of such sections, and state therein whether they were built under a contract or by the county.

Source:Laws 1905, c. 126, § 15, p. 544; Laws 1913, c. 88, § 1, p. 232; R.S.1913, § 2969; Laws 1921, c. 286, § 2, p. 934; C.S.1922, § 2727; C.S.1929, § 39-814; R.S.1943, § 39-822; Laws 2017, LB339, § 111.    
Operative Date: July 1, 2017


39-823. Bridge and culvert construction; plans and specifications; duplicate copies; filing with county clerk.

The county board shall also file duplicate copies of all plans and specifications adopted by them under the provisions of sections 39-810 to 39-826, in the office of the county clerk, who shall keep the same with the records of his office, to be turned over to his successor in office.

Source:Laws 1905, c. 126, § 16, p. 544; Laws 1913, c. 88, § 1, p. 232; R.S.1913, § 2970; C.S.1922, § 2728; C.S.1929, § 39-815; R.S.1943, § 39-823.


39-824. Bridge construction; cost; limitation on expenditures.

Bridges shall not be built if the aggregate cost thereof shall exceed a sum greater than the amount of money on hand in the bridge fund derived from the levy of previous years, plus eighty-five percent of the levy of the current year, together with the amount of money in the district road fund in the district where such work is to be performed.

Source:Laws 1905, c. 126, § 17, p. 545; R.S.1913, § 2971; Laws 1919, c. 26, § 1, p. 92; C.S.1922, § 2729; C.S.1929, § 39-816; R.S.1943, § 39-824.


Cross References

Annotations

39-825. Bridge construction; contract; bond or other surety.

(1) Except as provided in subsection (2) of this section, every bidder, before entering on work pursuant to contract, shall give bond to the county with at least two good and sufficient sureties, who shall be residents of the state, and one of whom shall be a resident of the county, in any sum not less than one thousand dollars, and in such additional amount as the county board may require, which bond shall be approved by the county board and shall be conditioned for the faithful execution of the contract. The county board may accept or may require a surety bond in like amount and conditioned the same as the personal bond prescribed in this section.

(2) If a contract, the provisions of which are limited to the purchase of supplies or materials, is entered into pursuant to this section and if the amount of the contract is fifty thousand dollars or less, the bidder shall furnish the county with an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska, as prescribed by and in an amount determined by the county board, conditioned for the faithful performance of such contract.

Source:Laws 1905, c. 126, § 18, p. 545; R.S.1913, § 2972; C.S.1922, § 2730; C.S.1929, § 39-817; R.S.1943, § 39-825; Laws 1987, LB 211, § 6.


39-826. Bridges and culverts; emergency repairs.

If any bridge, bridges, approach, approaches, culvert or culverts, may need immediate repairs on account of the same having broken down, or on account of high water, or fire, or if for other cause an emergency shall exist, the county board shall have the power to declare that the public good requires immediate action to prevent inconvenience and damage, and may proceed to enter into a contract under the provisions of sections 39-810 to 39-826 for such bridge, bridges, approach or approaches, culvert or culverts, or may buy material and hire labor and repair any such bridges, approaches or culverts.

Source:Laws 1905, c. 126, § 19, p. 545; R.S.1913, § 2973; C.S.1922, § 2731; C.S.1929, § 39-818; R.S.1943, § 39-826.


Annotations

39-826.01. Proposed bridge or culvert; dam in lieu of; how determined.

The Department of Transportation or the county board shall, prior to the design or construction of a new bridge or culvert in a new or existing highway or road within its jurisdiction, notify in writing, by first-class mail, the natural resources district in which such bridge or culvert will be located. The natural resources district shall, pursuant to section 39-826.02, determine whether it would be beneficial to the district to have a dam constructed in lieu of the proposed bridge or culvert. If the district shall determine that a dam would be more beneficial, the department or the county board and the natural resources district shall jointly determine the feasibility of constructing a dam to support the road in lieu of a bridge or culvert. If the department or the county board and the natural resources district cannot agree regarding the feasibility of a dam, the decision of the department, in the case of the state highway system, or the county board, in the case of the county road system, shall be controlling.

Source:Laws 1979, LB 213, § 1; Laws 2017, LB339, § 112.    
Operative Date: July 1, 2017


39-826.02. Proposed bridge or culvert; natural resources district; dam; feasibility study.

If a natural resources district shall receive notice of a proposed bridge or culvert pursuant to section 39-826.01, the district shall make a study to determine whether it would be practicable to construct a dam at or near the proposed site which could be used to support a highway or road. In making the study, such district shall consider the benefit which would be derived and the feasibility of such a dam. After it has made its determination, the natural resources district shall notify the Department of Transportation or the county board and shall, if the district favors such a dam, assist in the joint feasibility study and provide any other assistance which may be required.

Source:Laws 1979, LB 213, § 2; Laws 2017, LB339, § 113.    
Operative Date: July 1, 2017


39-827. Bridges in or near two or more counties; construction and repair; cost; division.

Bridges over streams which divide counties, bridges over streams on roads on county lines, and bridges over streams near county lines, in which both counties are equally interested, shall be built and repaired at the equal expense of such counties.

Source:Laws 1879, § 87, p. 142; R.S.1913, § 2988; C.S.1922, § 2739; C.S.1929, § 39-825; R.S.1943, § 39-827.


Annotations

39-828. Bridges in or near two or more counties; joint contracts for construction or repair; failure of county to join; separate maintenance of bridges.

For the purpose of building or keeping in repair such bridge or bridges, it shall be lawful for the county boards of such adjoining counties to enter into joint contracts. Such contracts may be enforced in law or equity against them jointly, the same as if entered into by individuals, and they may be proceeded against jointly, by any parties interested in such bridge or bridges, for any neglect of duty in reference to such bridge or bridges or for any damages growing out of such neglect. If either of such counties shall refuse to enter into contracts to carry out the provisions of this section for the repair of any such bridge or bridges, it shall be lawful for the other said counties to enter into such contract for all needful repairs and recover by suit from the county so in default such proportion of the cost of making such repairs as it ought to pay, not exceeding one-half of the full amount so expended. Whenever two or more counties have entered into a joint contract whereby one county assumes the responsibility for the separate maintenance and repair of the bridges upon specified portions of public roads upon or across county lines, it shall be the duty of the county agreeing to maintain and keep in repair any such bridge to promptly erect and maintain adequate barriers to prevent accidents, whenever the condition of any such bridge or the approaches thereto is dangerous to public travel, and to diligently proceed with the repair thereof. The performance of such duty by a county agreeing to maintain and keep in repair such bridge may be enforced by mandamus by any other county or counties which are parties to the contract.

Source:Laws 1879, § 88, p. 142; Laws 1881, c. 77, § 1, p. 329; Laws 1899, c. 57, § 1, p. 284; R.S.1913, § 2989; C.S.1922, § 2740; C.S.1929, § 39-826; Laws 1943, c. 101, § 1, p. 341; R.S.1943, § 39-828.


Annotations

39-829. Bridges in or near two or more counties; joint contracts; enforcement; procedure.

If the county board of either of such counties, after reasonable notice in writing from the county board of any other such county, shall neglect or refuse to build or repair any such bridge, when any contract or agreement has been made in regard to the same, it shall be lawful for the board so giving notice to build or repair the same, and to recover, by suit, one-half, or such amount as shall have been agreed upon, of the expense of so building or repairing such bridge, with cost of suit and interest from the time of the completion thereof, from the county so neglecting or refusing.

Source:Laws 1879, § 89, p. 142; R.S.1913, § 2990; C.S.1922, § 2741; C.S.1929, § 39-827; R.S.1943, § 39-829.


Annotations

39-830. Bridges in or near two or more counties; joint contracts; judgment; board members individually liable, when.

Any judgment so recovered against the county board of either of such counties shall be a charge on such county, unless the jury shall in their verdict certify that the neglect or refusal of such board was willful or malicious, in which case only the members of such board shall be personally liable for such judgment; and the same may be enforced against them in their personal and individual capacity, and upon their official bonds.

Source:Laws 1879, § 90, p. 142; R.S.1913, § 2991; C.S.1922, § 2742; C.S.1929, § 39-828; R.S.1943, § 39-830.


39-831. Defective bridge; notice to county board.

Whenever any highway or bridge in any county shall be out of repair, or unsafe for travel, any three citizens or taxpayers of the state may notify the member of the county board of the district within which such road or bridge is situated, in writing, setting forth a description of the road or bridge and the defects therein.

Source:Laws 1889, c. 7, § 1, p. 77; R.S.1913, § 2992; C.S.1922, § 2743; C.S.1929, § 39-829; R.S.1943, § 39-831.


Annotations

39-832. Defective bridge; repairs; when made.

It shall then be the duty of such member of the county board, within twenty-four hours after service of such notice, to commence to make suitable repairs to such highway or bridge, and to place it in a safe condition for travel.

Source:Laws 1889, c. 7, § 2, p. 77; R.S.1913, § 2993; C.S.1922, § 2744; C.S.1929, § 39-830; R.S.1943, § 39-832.


Annotations

39-833. Defective bridge on county or township line; notice; procedure.

If the road or bridge shall be on the line between two counties, then the members of the county boards of the respective districts, within which such road or bridge is located, of the respective counties, shall be served with such notice, or if it be on the line between two townships, in counties under township organization, then the supervisors of both townships in which the road or bridge is situated shall be notified in like manner.

Source:Laws 1889, c. 7, § 3, p. 77; R.S.1913, § 2994; C.S.1922, § 2745; C.S.1929, § 39-831; R.S.1943, § 39-833.


Annotations

39-834. Transferred to section 23-2410.

39-835. Boundary bridge; construction bonds authorized.

Any county, township, precinct, city or village in the State of Nebraska may issue bonds to construct or to aid in the construction of a highway bridge across any boundary river of the state.

Source:Laws 1895, c. 45, § 1, p. 187; R.S.1913, § 2996; C.S.1922, § 2748; C.S.1929, § 39-834; R.S.1943, § 39-835.


Annotations

39-836. Boundary bridge; bonds; election; limitation on amount.

The question of issuing bonds shall first be submitted to the qualified electors of the county, township, precinct, city, or village either at a special election called for that purpose or at a general election as provided in sections 39-837 to 39-841. If a majority of the votes cast at such election are in favor of the proposition to issue bonds, then such county, township, precinct, city, or village, as the case may be, shall issue its bonds in such amounts as specified in the notices of election, not exceeding three and five-tenths percent of the taxable valuation of such county, township, precinct, city, or village as shown by the last assessment prior to the vote authorizing the issuance of such bonds.

Source:Laws 1895, c. 45, § 2, p. 187; R.S.1913, § 2997; C.S.1922, § 2749; C.S.1929, § 39-835; R.S.1943, § 39-836; Laws 1971, LB 534, § 27; Laws 1979, LB 187, § 155; Laws 1992, LB 719A, § 137.


Annotations

39-837. Boundary bridge; bonds; petition for special election; bond for expenses.

Whenever a petition, setting forth the amount of bonds asked to be voted, when the same shall become due, the rate of interest the bonds shall bear, whether payable annually or semiannually, and if to aid in the construction of a bridge, the name of the person, firm or corporation to whom the bonds are to be donated, the amount of work to be done on such bridge before the bonds shall be delivered, and signed by not less than twenty freeholders of the county, township, precinct, city or village, which is to issue the bonds, shall be presented to the county board of the county which is to issue the bonds, or the county in which is located the township or precinct which is to issue the bonds, or the city council of the city which is to issue the bonds, or to the trustees of the village which is to issue the bonds, the county board, the city council or the village trustees shall, upon the petitioners' giving bond, to be approved by them, conditioned for the payment of the expenses of a special election in the event the proposition to be submitted shall not receive the requisite number of votes for its adoption, give notice and call a special election in the county, township, precinct, city or village.

Source:Laws 1895, c. 45, § 3, p. 188; R.S.1913, § 2998; C.S.1922, § 2750; C.S.1929, § 39-836; R.S.1943, § 39-837; Laws 1969, c. 51, § 103, p. 337.


39-838. Boundary bridge; bonds; special election; notice; conduct.

The notice required by section 39-837 shall contain the conditions upon which bonds are to be issued and which are required by section 39-837 to be set forth in the petition, and shall be published for at least thirty days prior to such election in some newspaper published in such county, township, precinct, city or village, if any newspaper is published therein; and if no newspaper is published therein, such notice shall be published by posting notice at the courthouse door in the county and in every voting precinct in the county. In case of a township, precinct, city or village election, such notice, where there is no newspaper published therein, shall be published by posting the notice in at least four public places in each township, precinct, city or village for at least thirty days next preceding the day of holding such election. The election in all other respects shall be governed by and conform to the laws regulating general elections.

Source:Laws 1895, c. 45, § 3, p. 188; R.S.1913, § 2998; C.S.1922, § 2750; C.S.1929, § 39-836; R.S.1943, § 39-838.


39-839. Boundary bridge; bonds; submission at general election.

Upon request of the petitioners mentioned in section 39-837, the proposition to issue bonds may be submitted at the next general election after the presentation of the petition, upon giving notice as provided by section 39-838, in which case the petitioners shall not be required to execute any bond for the payment of the expenses of the election as provided by section 39-837.

Source:Laws 1895, c. 45, § 3, p. 189; R.S.1913, § 2998; C.S.1922, § 2750; C.S.1929, § 39-836; R.S.1943, § 39-839.


39-840. Boundary bridge; bonds; election; form of ballot.

At any election held pursuant to section 39-838 or 39-839, the ballot used shall be substantially in the following form:

Shall (here enter name of county, township, precinct,
city or village it is proposed shall vote bonds) issue Yes
bonds in the sum of (here insert the amount) dollars,
to construct or aid in the construction of, as the
case may be, a highway bridge (and if to aid in the
construction, insert the name of the persons, firm
or corporation to whom said bonds are to be donated) No
and to levy a tax for payment of the principal
and interest.

Source:Laws 1895, c. 45, § 3, p. 189; R.S.1913, § 2998; C.S.1922, § 2750; C.S.1929, § 39-836; R.S.1943, § 39-840.


39-841. Boundary bridge; bonds; election result recorded; issuance; delivery.

If at any election held pursuant to section 39-838 or 39-839 the proposition to issue bonds receives the requisite number of votes for its adoption as provided in section 39-836, the county board, city council, or board of village trustees shall cause the petition, the notice of election, and the result of the vote to be recorded in the proper records of the county, city, or village. Thereupon such bonds shall be prepared and issued in accordance with the petition and notice of election and shall be signed and executed by the officers by law authorized to sign and execute bonds issued by a county, township, precinct, or village. The bonds when issued by the county board of any county shall be registered in the office of the county clerk of such county; and when issued by a city or village, they shall be registered in the office of the clerk of such city or village. After being so registered, the bonds shall be delivered to the person, firm, or corporation named in the petition upon their compliance with the terms and conditions upon which the bonds were voted.

Source:Laws 1895, c. 45, § 4, p. 189; R.S.1913, § 2999; C.S.1922, § 2751; C.S.1929, § 39-837; R.S.1943, § 39-841; Laws 1969, c. 317, § 8, p. 1148; Laws 2001, LB 420, § 27.    


39-842. Boundary bridge; bonds; annual tax levy; sinking fund.

The proper officers charged with the duty of levying taxes for the county, township, precinct, city or village voting such bonds shall, each year, until the bonds voted under the authority of sections 39-835 to 39-841 are paid, levy upon the taxable property in the county, township, precinct, city or village issuing the bonds, a tax sufficient to pay the interest on such bonds as they mature, and to provide for a sinking fund for the redemption of the bonds at their maturity.

Source:Laws 1895, c. 45, § 5, p. 190; R.S.1913, § 3000; C.S.1922, § 2752; C.S.1929, § 39-838; R.S.1943, § 39-842.


39-842.01. Boundary bridge; consent for purchase, operation, and maintenance; counties, cities, and towns of an adjoining state; not exempt from taxation.

Consent of the State of Nebraska is hereby given to counties, cities and towns of any adjoining state to purchase, operate and maintain bridges extending across a stream which, at the point of crossing, is on a boundary line of the State of Nebraska, and a right-of-way to give access to such bridge from the highway system of this state; Provided, that the consent herein granted shall not be construed to exempt any property acquired hereunder from taxation.

Source:Laws 1945, c. 96, § 1, p. 320.


39-843. Repealed. Laws 1947, c. 179, § 6.

39-844. Repealed. Laws 1947, c. 179, § 6.

39-845. Repealed. Laws 1947, c. 179, § 6.

39-845.01. Repealed. Laws 1959, c. 175, § 34.

39-845.02. Repealed. Laws 1959, c. 175, § 34.

39-845.03. Repealed. Laws 1959, c. 175, § 34.

39-845.04. Repealed. Laws 1959, c. 175, § 34.

39-846. State Aid Bridge Fund; created; use; investment.

In order to expedite the replacement of deficient bridges, the State Aid Bridge Fund is hereby created to provide assistance to counties for replacement of bridges. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1919, c. 190, tit. VII, art. III, § 1, p. 815; C.S.1922, § 8356; C.S.1929, § 39-1501; R.S.1943, § 39-846; Laws 1973, LB 87, § 1; Laws 1995, LB 7, § 35.


Cross References

Annotations

39-847. State aid for bridges; application for replacement; costs; priorities; plans and specifications; contracts; maintenance.

(1) Any county board may apply, in writing, to the Department of Transportation for state aid in the replacement of any bridge under the jurisdiction of such board. The application shall contain a description of the bridge, with a preliminary estimate of the cost of replacement thereof, and a certified copy of the resolution of such board, pledging such county to furnish fifty percent of the cost of replacement of such bridge. The county's share of replacement cost may be from any source except the State Aid Bridge Fund, except that where there is any bridge which is the responsibility of two counties, either county may make application to the department and, if the application is approved by the department, such county and the department may replace such bridge and recover, by suit, one-half of the county's cost of such bridge from the county failing or refusing to join in such application. All requests for bridge replacement under sections 39-846 to 39-847.01 shall be forwarded by the department to the Board of Public Roads Classifications and Standards. Such board shall establish priorities for bridge replacement based on critical needs. The board shall, in June and December of each year, consider such applications and establish priorities for a period of time consistent with sections 39-2115 to 39-2119. The board shall return the applications to the department with the established priorities.

(2) The plans and specifications for each bridge shall be furnished by the department and replacement shall be under the supervision of the department and the county board.

(3) Any contract for the replacement of any such bridge shall be made by the department consistent with procedures for contracts for state highways and federal-aid secondary roads.

(4) After the replacement of any such bridge and the acceptance thereof by the department, any county having jurisdiction over it shall have sole responsibility for maintenance.

Source:Laws 1911, c. 112, § 2, p. 393; R.S.1913, § 2977; Laws 1919, c. 190, tit. VII, art. III, § 2, p. 815; Laws 1921, c. 260, § 1, p. 875; C.S.1922, § 8357; Laws 1923, c. 157, § 1, p. 382; Laws 1923, c. 156, § 1, p. 381; C.S.1929, § 39-1502; R.S.1943, § 39-847; Laws 1953, c. 287, § 61, p. 966; Laws 1973, LB 87, § 2; Laws 2017, LB339, § 114.    
Operative Date: July 1, 2017


Annotations

39-847.01. State Aid Bridge Fund; State Treasurer; transfer funds to.

The State Treasurer shall transfer monthly thirty-two thousand dollars from the share of the Department of Transportation of the Highway Trust Fund and thirty-two thousand dollars from the counties' share of the Highway Trust Fund which is allocated to bridges to the State Aid Bridge Fund.

Source:Laws 1973, LB 87, § 3; Laws 1986, LB 599, § 4; Laws 2017, LB339, § 115.    
Operative Date: July 1, 2017


Cross References

39-848. Repealed. Laws 1976, LB 724, § 11.

39-849. Repealed. Laws 1976, LB 724, § 11.

39-850. Repealed. Laws 1976, LB 724, § 11.

39-851. Repealed. Laws 1976, LB 724, § 11.

39-852. Repealed. Laws 1976, LB 724, § 11.

39-853. Repealed. Laws 1973, LB 87, § 4.

39-854. Repealed. Laws 1976, LB 724, § 11.

39-855. County, defined; interstate bridge across boundary stream; authority to build.

Whenever used in sections 39-855 to 39-876, the word county or counties shall be construed to include municipal corporations as well and to include any commission or authority which may be established in any county or counties; and whenever the governing body of any county is specifically directed or empowered to perform a given act or function it shall be deemed a grant or direction for the corresponding governing body of a city or village, or any commission or authority which may be established within any county or counties, as the case may be, to do likewise. Any county in the State of Nebraska may build or construct or aid in the construction or complete construction of any highway, wagon, vehicle or automobile bridge within the State of Nebraska and any adjoining state across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States.

Source:Laws 1935, c. 87, § 1, p. 278; Laws 1941, c. 78, § 1, p. 314; C.S.Supp.,1941, § 39-2101; R.S.1943, § 39-855.


Annotations

39-856. Interstate county bridges; revenue bonds; issuance; tolls; disbursement; federal aid; powers of county.

Any county in the State of Nebraska may issue revenue bonds to construct or to aid in the construction, or complete the construction of any highway, wagon, vehicle, or automobile bridge within the State of Nebraska and any adjoining state across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, which revenue bonds shall be payable solely from the revenue and funds from such bridge and as to which, as shall be recited therein, the county shall incur no indebtedness of any kind or nature, and to support which the county shall not pledge its credit nor its taxing power nor any part thereof. As a part of the cost of any such bridge, the county may include (1) the costs of any river structures approved by the special engineer for the project and with the approval of any required state or federal agency having jurisdiction thereof, and (2) the costs of, or assist in the payment of the costs of, any approach structures or roads not over ten miles from the actual bridge structure. Any such county may levy, collect, and distribute tolls and use the same in payment of the principal and interest on such revenue bonds and for the maintenance, repair, and operation of any such bridge. It may accept gifts and grants of money from the United States Government or any corporation or agency created, designed, or established by the United States, and may enter into contracts with the United States or such corporations or agencies, and do everything necessary thereto, and to construct or aid in the construction or to complete the construction of any such bridge or bridges.

Source:Laws 1935, c. 87, § 2, p. 279; C.S.Supp.,1941, § 39-2102; R.S.1943, § 39-856; Laws 1951, c. 121, § 1, p. 533.


39-857. Interstate county bridges; franchise previously acquired; validation.

If any such county, prior to May 21, 1935, has acquired, purchased or received an assignment by gift or otherwise of a franchise or authority of the United States Government to build any highway, wagon, vehicle or automobile bridge within the State of Nebraska and any adjoining state, across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, if in every other way regular in form, the same shall be and is hereby declared legal and valid and binding on the county, and of the same force and effect as if authority had been theretofore directly conferred on the county.

Source:Laws 1935, c. 87, § 3, p. 279; C.S.Supp.,1941, § 39-2103; R.S.1943, § 39-857.


39-858. Interstate county bridges; permit previously acquired; validation.

If any such county prior to May 21, 1935, has acquired, purchased, or received an assignment by gift or otherwise, a permit issued and granted by the United States Government or any corporation or agency created, designated, or established by the United States Government to construct any highway, wagon, vehicle or automobile bridge within the State of Nebraska, and any adjoining state, across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, if in every other way regular in form, same shall be and hereby is declared legal and binding on the county, and of the same force and effect as if such permit had been theretofore directly granted by the United States Government to such county upon its application.

Source:Laws 1935, c. 87, § 4, p. 280; C.S.Supp.,1941, § 39-2104; R.S.1943, § 39-858.


39-859. Interstate county bridges; property previously acquired; validation.

If any such county prior to May 21, 1935, has acquired, purchased, or received an assignment by gift or otherwise, any existing highway, wagon, vehicle or automobile bridge or viaduct including approaches and avenues, rights-of-way or easements, or avenues to approaches, necessary real and personal property incident thereto, special privileges and leases in connection with construction of any bridges within the State of Nebraska and any adjoining state and across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, if in every other way regular in form, the same shall be and is hereby declared legal and valid and the property of the county and of the same force and effect as if such property had been theretofore directly acquired by the county.

Source:Laws 1935, c. 87, § 5, p. 280; C.S.Supp.,1941, § 39-2105; R.S.1943, § 39-859.


39-860. Interstate county bridges; revenue bonds; interest; issuance; terms; form.

Any county in the State of Nebraska is authorized to provide funds for the purposes of section 39-856 and for the purpose of providing interest on such bonds during construction, and for a period not to exceed two years after completion of any bridge, by the issuance of revenue bonds of such counties, the principal and interest of which shall be payable solely from the special funds herein provided for, and as to which, as shall be recited therein, the county shall not incur any indebtedness of any kind or nature, and the county shall not pledge its credit, its taxing power, or any part thereof to support or pay the same. Such revenue bonds shall bear interest payable semiannually, shall mature in not more than forty years from their date or dates, and may be redeemable at the option of the county as provided by law. The governing body of the county shall provide the form of such bonds, including coupons to be attached thereto to evidence interest payments. The bonds shall be signed by the chairman of the board of county commissioners of the county, and countersigned and registered by the county clerk under the seal of the county. The coupons shall bear the facsimile signatures of the chairman and county clerk. Such governing body shall fix the denomination or denominations of such bonds and the place of the payment of the principal and interest thereon, which may be at the office of the county treasurer or any bank or trust company in the State of Nebraska or in New York City, New York.

Source:Laws 1935, c. 87, § 7, p. 281; Laws 1941, c. 78, § 2, p. 315; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-860; Laws 1947, c. 15, § 16, p. 91; Laws 1951, c. 121, § 2, p. 534; Laws 1955, c. 162, § 1, p. 466; Laws 1969, c. 51, § 104, p. 337.


39-861. Interstate county bridges; revenue bonds; negotiability; tax exempt; legal investments and security.

All bonds authorized by section 39-860 shall be and shall have and are declared to have all the qualities and incidents of negotiable instruments under the provisions of article 3, Uniform Commercial Code, without, however, constituting the revenue bonds, herein authorized, an indebtedness of the county issuing the same. Such bonds shall be exempt from all taxation, state and municipal. Such bonds shall be legal investments of banks, savings banks, and trust companies, of trustees and of the trustees of the sinking fund of municipalities and counties, and shall be acceptable as security for the deposit of public money in the same manner and to the same extent as any other negotiable bonds of any county of the State of Nebraska.

Source:Laws 1935, c. 87, § 7, p. 281; Laws 1941, c. 78, § 2, p. 316; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-861; Laws 1972, LB 1058, § 9.


39-862. Interstate county bridges; revenue bonds; registration; sale; proceeds; deposit; disbursement.

The governing body of the county may provide for the registration of such bonds in the name of the owner as to the principal alone or as to both principal and interest. Such bonds must be sold in such a manner as the governing body of the county may determine to be for the best interests of the county, taking into consideration the financial responsibility of the purchaser and the terms and conditions of the purchase, and the availability of the proceeds of the bonds when required for payment of the costs. The proceeds of such bonds shall be deposited with such depositories as the governing body of the county shall approve, shall be secured in such manner and to such extent as the governing body of the county shall require, and shall be used solely for the payment of the costs of the bridge and costs incident thereto.

Source:Laws 1935, c. 87, § 7, p. 282; Laws 1941, c. 78, § 2, p. 316; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-862.


39-863. Interstate county bridges; revenue bonds; retirement; cancellation; temporary bonds.

The governing body of the county shall have the right to purchase for retirement and cancellation any of such bonds that may be outstanding at the market price, but not exceeding one hundred five and accrued interest, nor exceeding the price, if any, at which the same shall in the same year be redeemable. All bonds redeemed or purchased out of the funds provided by the sale of bridge bonds, shall forthwith be canceled and shall not again be issued. Prior to the preparation of definitive bonds, the governing body of the county may under like restrictions issue temporary bonds with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

Source:Laws 1935, c. 87, § 7, p. 282; Laws 1941, c. 78, § 2, p. 316; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-863.


39-864. Interstate county bridges; revenue bonds; trust agreement authorized; terms.

The governing body of the county may enter into an agreement with any competent bank or trust company as trustee for the holders of such bonds, setting forth the duties of the county in respect to the construction, maintenance and operation, and insurance of any such bridge, the conservation and application of all funds, the insurance of money on hand or on deposit, the rights and remedies of the trustee and the holders of such bonds, and restricting the individual right of action of bondholders as is customary in trust agreements respecting bonds of corporations. The trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the trustee and approval by the original bond purchasers of the appointment of consulting engineers and of the security given by the bridge contractors and by any bank or trust company in which the proceeds of bonds or bridge tolls shall be deposited, and may provide that no contract for construction or purchase shall be made without the approval of the consulting engineers. The trust agreement may further contain provisions and covenants that all or any deposited money shall be secured as may be therein provided, by surety company bonds or otherwise, except as therein provided, or shall be regulated as therein provided, and that insurance upon the bridge and all property connected therewith, and also use and occupancy insurance, shall be carried to the extent and under the conditions therein provided.

Source:Laws 1935, c. 87, § 7, p. 282; Laws 1941, c. 78, § 2, p. 316; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-864.


39-865. Interstate county bridges; revenue bonds; election; when dispensed with.

No election and no vote of electors shall be required upon the question of acquiring or constructing any bridges or issuing revenue bonds as authorized by section 39-860, for the acquisition or construction of any bridge, if the governing body of the county shall determine by vote of a majority of its members to dispense with such election or vote of electors as to such question.

Source:Laws 1935, c. 87, § 7, p. 283; Laws 1941, c. 78, § 2, p. 317; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-865.


39-866. Interstate county bridges; revenue bonds; mortgage security authorized.

The bonds authorized by section 39-860 may, at the option of the governing body of such county, be supported by mortgage or by deed of trust covering such bridge or bridges.

Source:Laws 1935, c. 87, § 7, p. 283; Laws 1941, c. 78, § 2, p. 317; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-866.


39-867. Interstate county bridges; revenue refunding bonds authorized; limitations; conditions.

The governing body of any county is authorized to provide by resolution for the issuance of bridge revenue refunding bonds of such county for the purpose of refunding any bridge revenue bonds or any other indebtedness of said bridge of the county which were issued before April 22, 1941, or may be issued under the provisions of sections 39-860 to 39-866, and amendments thereto, and may be outstanding. The issuance of such bridge revenue refunding bonds, the maturities, and other details thereof, the rights of the holders thereof, and the duties of the county in respect to the same, shall be governed by the provisions of said sections, insofar as the same may be applicable, and by the following provisions: (1) That no bridge revenue refunding bonds shall be delivered in an amount exceeding the amount necessary to provide funds sufficient for refunding the principal amount of outstanding bridge revenue bonds and accrued interest thereon, together with an amount required to produce the sum necessary to provide the redemption premium on any outstanding bonds to be refunded and any expenses incidental thereto; and (2) the rates of tolls, to be charged for the use of the bridge or bridges acquired from the proceeds of the bridge revenue bonds to be refunded, shall be so fixed and adjusted as to provide a fund sufficient to pay the interest on and the principal of such bridge revenue refunding bonds as the same shall become due, and to provide an additional fund to pay the cost of maintaining, repairing, and operating such bridge or bridges. Any such tolls shall be continued until such bridge revenue refunding bonds and the interest thereon shall be paid, or provision made for their payment.

Source:Laws 1941, c. 78, § 2, p. 317; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-867; Laws 1955, c. 162, § 2, p. 467.


39-868. Bridge commission; creation; general powers.

Through the exercise of the powers conferred by sections 39-855 to 39-872, the governing body of any county, city, or village may by resolution create a bridge commission. Upon the passage of such resolution, the governing body of such county shall appoint three, four, or five persons who shall constitute the bridge commission of such county. The bridge commission shall be a public body corporate and politic and a political subdivision of the State of Nebraska. The bridge commission shall have the power to contract, to sue and be sued, and to adopt a seal and alter the same at pleasure, but shall not have power to pledge the credit or taxing power of the county.

Source:Laws 1941, c. 78, § 2, p. 318; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-868; Laws 1986, LB 640, § 1; Laws 2003, LB 607, § 2.    


39-869. Bridge commission; members; term of office; qualification; oath; officers; expenses; compensation.

(1) The bridge commission shall consist of not less than three nor more than five persons of well-known and successful business qualifications. The commissioners shall immediately enter upon their duties, and three of the commissioners shall hold office until the expiration of two, four, and six years, respectively, from the date or dates of their appointments. If more than three commissioners are appointed, the fourth commissioner shall hold office until the expiration of four years from the date of his or her appointment, and the fifth commissioner, if any, shall hold office until the expiration of six years from the date of his or her appointment. The term of each commissioner shall be designated by the governing body of the county. Except for the initial appointees, commissioners shall be appointed for terms of six years. Any person appointed to fill a vacancy shall serve only for the unexpired term. Before entering upon their duties, the commissioners shall take, subscribe, and file an oath of office as required by law.

(2) Such bridge commission shall elect a chairperson and vice-chairperson from its members and a secretary-treasurer who need not be a member of such commission. Each member of the commission shall serve without compensation but shall be paid his or her actual expenses while engaged in performing the duties of such office, with mileage to be computed at the rate provided in section 81-1176, and fees on a per diem basis which shall not exceed thirty-five dollars a day for each meeting attended on the specific call of the chairperson, except that they shall not be paid for more than three meetings per month. The commission shall fix the compensation of the secretary-treasurer in its discretion, but if the secretary-treasurer is a member of the commission, he or she shall receive compensation as secretary-treasurer and shall not receive his or her per diem compensation for attending meetings.

Source:Laws 1941, c. 78, § 2, p. 318; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-869; Laws 1945, c. 94, § 1, p. 317; Laws 1953, c. 137, § 1, p. 425; Laws 1963, c. 234, § 1, p. 723; Laws 1971, LB 459, § 1; Laws 1981, LB 204, § 58; Laws 1986, LB 640, § 2; Laws 1996, LB 1011, § 23.


39-870. Bridge commission; powers; bylaws; regulations; assistants; compensation; records.

The commission shall have power to establish bylaws, rules and regulations for its own government, and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under sections 39-868 to 39-870. The commission may employ engineering, architectural and construction experts and inspectors, and attorneys, and such other employees as may be necessary in its opinion, and fix their compensation, all of whom shall do such work as the commission shall direct. All salaries and compensation shall be obligations against and paid solely from funds provided under the authority of sections 39-855 to 39-876. The office, records, books and accounts of the bridge commission shall always be maintained in the county which the commission represents. Such commission may be charged by the governing body of the county with the purchase of existing bridges, the construction of new bridges or the operation, maintenance, repair, renewal, reconstruction, replacement, extension or enlargement of existing bridges, or bridges hereafter constructed or purchased.

Source:Laws 1941, c. 78, § 2, p. 319; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-870.


39-871. Bridge commission; powers granted; how exercised.

Any commission may exercise the powers granted in sections 39-868 to 39-870 in the method provided in sections 39-860 to 39-870, or in any other method, in whole or in part, as provided in said sections.

Source:Laws 1941, c. 78, § 2, p. 319; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-871.


39-872. County; powers; supplementary.

The powers conferred in sections 39-860 to 39-870 are to be exercised without any restriction or limitation, and these powers are supplementary and additional to powers which have been or may hereafter be conferred upon any county, and are not a limitation to or in any way a restriction upon such county. The powers granted in said sections are in nowise a limitation upon, and the county is specifically authorized to put into effect any right or power which may be necessary for the proper conduct of its authority.

Source:Laws 1941, c. 78, § 2, p. 319; C.S.Supp.,1941, § 39-2107; R.S.1943, § 39-872.


39-873. County; powers; how exercised.

Any power granted to a county in Nebraska by sections 39-855 to 39-876 may be exercised by the county independently or in cooperation with or in aid of similar action by any other county or city in Nebraska, or any county or city in an adjoining state, or in cooperation with the State of Nebraska or any adjoining state or states, or the government of the United States.

Source:Laws 1935, c. 87, § 8, p. 283; C.S.Supp.,1941, § 39-2108; R.S.1943, § 39-873.


39-874. County; powers; vote of electors not required.

In exercising any or all of the powers granted to the county in sections 39-855 to 39-876, the governing body of the county may act, and no vote of the electors of the county shall be required.

Source:Laws 1935, c. 87, § 9, p. 283; C.S.Supp.,1941, § 39-2109; R.S.1943, § 39-874.


39-875. County; acquisition of property in adjoining state.

Any county in Nebraska, in exercising any of the powers granted to any county by sections 39-855 to 39-876, is authorized and empowered to acquire by gift, purchase or otherwise, any real estate or personal property located in an adjoining state, for the purpose of building, constructing or completing the construction of such bridge.

Source:Laws 1935, c. 87, § 12, p. 284; C.S.Supp.,1941, § 39-2111; R.S.1943, § 39-875.


39-876. Invalid contracts not validated.

Nothing in sections 39-855 to 39-875 shall be construed to validate or to attempt to validate any contract which has been held to be invalid by the county.

Source:Laws 1935, c. 87, § 13, p. 284; C.S.Supp.,1941, § 39-2112; R.S.1943, § 39-876.


39-877. Repealed. Laws 1959, c. 175, § 34.

39-878. Repealed. Laws 1959, c. 175, § 34.

39-879. Repealed. Laws 1959, c. 175, § 34.

39-880. Repealed. Laws 1959, c. 175, § 34.

39-881. Repealed. Laws 1959, c. 175, § 34.

39-882. Repealed. Laws 1959, c. 175, § 34.

39-883. Repealed. Laws 1959, c. 175, § 34.

39-884. Repealed. Laws 1959, c. 175, § 34.

39-885. Repealed. Laws 1959, c. 175, § 34.

39-886. Repealed. Laws 1959, c. 175, § 34.

39-887. Repealed. Laws 1959, c. 175, § 34.

39-888. Repealed. Laws 1959, c. 175, § 34.

39-889. Repealed. Laws 1959, c. 175, § 34.

39-890. Repealed. Laws 1959, c. 175, § 34.

39-891. Interstate bridges; declaration of purpose.

Recognizing that obstructions on or near the boundary of the State of Nebraska impede commerce and travel between the State of Nebraska and adjoining states, the Legislature hereby declares that bridges over these obstructions are essential to the general welfare of the State of Nebraska.

Providing bridges over these obstructions and for the safe and efficient operation of such bridges is deemed an urgent problem that is the proper concern of legislative action.

Such bridges, properly planned, designated, and managed, provide a safe passage for highway traffic to and from the state highway system and encourage commerce and travel between the State of Nebraska and adjoining states which increase the social and economic progress and general welfare of the state.

It is recognized that bridges between the State of Nebraska and adjoining states are not and cannot be the sole concern of the State of Nebraska. The nature of such bridges requires that a high degree of cooperation be exercised between the State of Nebraska and adjoining states in all phases of planning, construction, maintenance, and operation if proper benefits are to be realized.

It is also recognized that parties other than the State of Nebraska may wish to erect and control bridges between the State of Nebraska and adjoining states and that the construction, operation, and financing of such bridges have previously been authorized by the Legislature. Such bridges also benefit the State of Nebraska, and it is not the intent of the Legislature to abolish such power previously granted.

To this end, it is the intention of the Legislature to supplement sections 39-1301 to 39-1362 and 39-1393, relating to state highways, in order that the powers and authority of the department relating to the planning, construction, maintenance, acquisition, and operation of interstate bridges upon the state highway system may be clarified within a single act.

Acting under the direction of the Director-State Engineer, the department, with the advice of the State Highway Commission and the consent of the Governor, is given the power to enter into agreements with the United States and adjoining states, subject to the limitations imposed by the Constitution and the provisions of the Interstate Bridge Act of 1959.

The Legislature intends to place a high degree of trust in the hands of those officials whose duty it may be to enter into agreements with adjoining states and the United States for the planning, development, construction, acquisition, operation, maintenance, and protection of interstate bridges.

In order that the persons concerned may understand the limitations and responsibilities for planning, constructing, acquiring, operating, and maintaining interstate bridges upon the state highway system, it is necessary that the responsibilities for such work shall be fixed, but it is intended that the department, acting under the Director-State Engineer, shall have sufficient freedom to enter into agreements with adjoining states regarding any phase of planning, constructing, acquiring, maintaining, and operating interstate bridges upon the state highway system in order that the best interests of the State of Nebraska may always be served. The authority of the department to enter into agreements with adjoining states, as granted in the act, is therefor essential.

The Legislature hereby determines and declares that the provisions of the act are necessary for the preservation of the public peace, health, and safety, for the promotion of the general welfare, and as a contribution to the national defense.

Source:Laws 1959, c. 175, § 1, p. 630; Laws 1993, LB 15, § 1; Laws 2016, LB1038, § 5;    Laws 2017, LB271, § 1.    
Effective Date: August 24, 2017


39-892. Interstate bridges; terms, defined.

For purposes of the Interstate Bridge Act of 1959, unless the context otherwise requires:

(1) Approach shall mean that portion of any interstate bridge which allows the highway access to the bridge structure. It shall be measured along the centerline of the highway from the end of the bridge structure to the nearest right-of-way line of the closest street or road where traffic may leave the highway to avoid crossing the bridge, but in no event shall such approach exceed a distance of one mile. The term shall be construed to include all embankments, fills, grades, supports, drainage facilities, and appurtenances necessary therefor;

(2) Appurtenances shall include, but not be limited to, sidewalks, storm sewers, guardrails, handrails, steps, curb or grate inlets, fire plugs, retaining walls, lighting fixtures, and all other items of a similar nature which the department deems necessary for the proper operation of any interstate bridge or for the safety and convenience of the traveling public;

(3) Boundary line bridge shall mean any bridge upon which no toll, fee, or other consideration is charged for passage thereon and which connects the state highway systems of the State of Nebraska and an adjoining state in the same manner as an interstate bridge. Such bridges shall be composed of right-of-way, bridge structure, approaches, and road in the same manner as an interstate bridge but shall be distinguished from an interstate bridge in that no part of such bridge shall be a part of the state highway system, the title to such bridge being vested in a person other than the State of Nebraska, or the State of Nebraska and an adjoining state jointly. Any boundary line bridge purchased or acquired by the department, or the department and an adjoining state jointly, and added to the state highway system shall be deemed an interstate bridge;

(4) Boundary line toll bridge shall mean any boundary line bridge upon which a fee, toll, or other consideration is charged traffic for the use thereof. Any boundary line toll bridge purchased or acquired by the department, or by the department and an adjoining state jointly, and added to the state highway system shall be deemed an interstate bridge;

(5) Bridge structure shall mean the superstructure and substructure of any interstate bridge having a span of not less than twenty feet between undercopings of extreme end abutments, or extreme ends of openings of multiple boxes, when measured along the centerline of the highway thereon, and shall be construed to include the supports therefor and all appurtenances deemed necessary by the department;

(6) Construction shall mean the erection, fabrication, or alteration of the whole or any part of any interstate bridge. For purposes of this subdivision, alteration shall be construed to be the performance of construction by which the form or design of any interstate bridge is changed or modified;

(7) Department shall mean the Department of Transportation;

(8) Emergency shall include, but not be limited to, acts of God, invasion, enemy attack, war, flood, fire, storm, traffic accidents, or other actions of similar nature which usually occur suddenly and cause, or threaten to cause, damage requiring immediate attention;

(9) Expressway shall be defined in the manner provided by section 39-1302;

(10) Freeway shall be defined in the manner provided by section 39-1302;

(11) Highway shall mean a road, street, expressway, or freeway, including the entire area within the right-of-way, which has been designated a part of the state highway system;

(12) Interstate bridge shall mean the right-of-way, approaches, bridge structure, and highway necessary to form a passageway for highway traffic over the boundary line of the State of Nebraska from a point within the State of Nebraska to a point within an adjoining state for the purpose of spanning any obstruction or obstructions which would otherwise hinder the free and safe flow of traffic between such points, such bridge being a part of the state highway system with title vested in the State of Nebraska or in the State of Nebraska and an adjoining state jointly;

(13) Interstate bridge purposes shall include, but not be limited to, the applicable provisions of subdivisions (2)(a) through (l) of section 39-1320;

(14) Maintenance shall mean the act, operation, or continuous process of repair, reconstruction, or preservation of the whole or any part of any interstate bridge for the purpose of keeping it at or near its original standard of usefulness and shall include the performance of traffic services for the safety and convenience of the traveling public. For purposes of this subdivision, reconstruction shall be construed to be the repairing or replacing of any part of any interstate bridge without changing or modifying the form or design of such bridge;

(15) Person shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations;

(16) Right-of-way shall mean land, property, or interest therein, usually in a strip, acquired for or devoted to an interstate bridge;

(17) State highway system shall mean the highways within the State of Nebraska as shown on the map provided for in section 39-1311 and as defined by section 39-1302;

(18) Street shall be defined in the manner provided by section 39-1302;

(19) Title shall mean the evidence of right to property or the right itself; and

(20) Traffic services shall mean the operation of an interstate bridge facility, and the services incidental thereto, to provide for the safe and convenient flow of traffic over such bridge. Such services shall include, but not be limited to, erection of snow fence, snow and ice removal, painting, repairing, and replacing signs, guardrails, traffic signals, lighting standards, pavement stripes and markings, adding conventional traffic control devices, furnishing power for road lighting and traffic control devices, and replacement of parts.

Source:Laws 1959, c. 175, § 2, p. 631; Laws 1993, LB 121, § 210; Laws 1993, LB 370, § 38; Laws 2017, LB339, § 116.    
Operative Date: July 1, 2017


39-893. Act; applicability.

The provisions of the Interstate Bridge Act of 1959 are intended to be cumulative to, and not amendatory of, sections 39-1301 to 39-1362 and 39-1393.

Source:Laws 1959, c. 175, § 3, p. 635; Laws 1993, LB 15, § 2; Laws 2016, LB1038, § 6;    Laws 2017, LB271, § 2.    
Effective Date: August 24, 2017


39-894. Interstate bridges; application of sections; restrictions.

The provisions of sections 39-891 to 39-8,122 shall apply to all interstate bridges on the state highway system, including interstate bridges upon the National System of Interstate and Defense Highways built with funds of the United States appropriated in an amount exceeding fifty percent of the cost thereof. The provisions of sections 39-891 to 39-8,122 shall not be applicable to any boundary line bridge or boundary line toll bridge, and shall in no manner affect any law of the State of Nebraska concerning such bridges; Provided, that such bridges may be purchased or acquired by the department in the manner provided by the provisions of sections 39-8,116 to 39-8,118.

Source:Laws 1959, c. 175, § 4, p. 635.


39-895. Interstate bridges; agreements with adjoining states and the United States.

All agreements made between the department and an adjoining state under the authority of sections 39-891 to 39-8,122 shall be made by the department in the name of the State of Nebraska, with the advice of the State Highway Commission and the consent of the Governor. Any provision of sections 39-891 to 39-8,122 which authorizes the department to enter into an agreement with an adjoining state shall also be deemed to grant the department the necessary authority to carry out the provisions of any such agreement. In addition:

(1) Any agreement made between the department and an authorized agency, bureau, commission, department, or officer of the states of Colorado, Iowa, Kansas, Missouri, South Dakota, or Wyoming shall be construed to be an agreement with an adjoining state;

(2) Any provision of sections 39-891 to 39-8,122 authorizing agreements between the department and an adjoining state shall be deemed to authorize the inclusion of the United States to the whole or any part of such agreement whenever the department and the adjoining state deem such inclusion either necessary or desirable; and

(3) Any agreement made by the department and an adjoining state with an authorized agency, bureau, commission, department, or officer of the federal government shall be construed to be an agreement with the United States.

Source:Laws 1959, c. 175, § 5, p. 635.


39-896. Interstate bridges; funds; how derived; acquisition of property.

(1) The funds necessary to carry out the provisions of sections 39-891 to 39-8,122 shall be derived from the revenue provided to the department by law, from funds of the United States accepted by the department for use pursuant to the provisions of sections 39-891 to 39-8,122, and from gifts or donations made to the department for use pursuant to sections 39-891 to 39-8,122.

(2) The department shall have the power and authority to accept any funds from the United States which are available to the department for use pursuant to the provisions of sections 39-891 to 39-8,122, and the department may enter into such agreements or contracts with the United States as shall be necessary for the acceptance of such funds; Provided, that any such agreement or contract shall not be contrary to the laws of this state.

(3) The department is hereby authorized to acquire, by gift, 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 interstate bridge purposes.

Source:Laws 1959, c. 175, § 6, p. 636.


39-897. Interstate bridges; interstate agreements; division of costs.

Except as otherwise provided by sections 39-898 and 39-8,110, any agreement made between the department and an adjoining state pursuant to the provisions of sections 39-891 to 39-8,122 shall provide that all costs incurred under such agreement shall be shared by the department and the adjoining state in proportion to the percentage of the bridge structure which is located, or which will be located, within each state.

Source:Laws 1959, c. 175, § 7, p. 636.


39-898. Interstate bridges; location studies; agreements with adjoining states; division of costs.

The department shall have the power and authority to enter into agreements with an adjoining state to determine the location of interstate bridges, or the relocation of any part thereof; Provided, that any such agreement shall provide that the costs incurred by the department and the adjoining state in pursuance of the agreement shall be shared equally by the department and the adjoining state.

Source:Laws 1959, c. 175, § 8, p. 637.


39-899. Interstate bridges; design and preliminary engineering studies; agreements with adjoining states.

The department shall have the power and authority to enter into agreements with an adjoining state to accomplish such design and preliminary engineering studies as may be deemed necessary prior to the construction of, or any construction upon, an interstate bridge. Such agreements may provide that such design and preliminary engineering studies may be accomplished by consulting engineers contracted for such purpose, or by any other means deemed suitable by the department and the adjoining state after joint consultation.

Source:Laws 1959, c. 175, § 9, p. 637.


39-8,100. Interstate bridges; acquisition of property; responsibilities.

The department and the adjoining state concerned shall be separately responsible within their respective states for the temporary or permanent acquisition of the land, real or personal property, or any easement or interest therein, which may be necessary or desirable for interstate bridge purposes.

Source:Laws 1959, c. 175, § 10, p. 637.


39-8,101. Interstate bridges; acquisition and disposal of property; power of department.

The department shall have the power and authority to acquire any land, real or personal property, or any easement or interest therein, which may be necessary or desirable for interstate bridge purposes, and to sell, convey, and dispose of the same, if it shall no longer be needed, in the same manner provided for state highways by subsection (3) of section 39-1320 and sections 39-1321 to 39-1323, 39-1325, and 39-1326; Provided, that the acquisition by the department, through purchase, condemnation, or gift, of any part of any boundary line bridge or boundary line toll bridge, and the land, real or personal property, or any easement or interest therein, necessary thereto, shall be accomplished in the manner provided by sections 39-8,116 to 39-8,118.

Source:Laws 1959, c. 175, § 11, p. 637.


39-8,102. Interstate bridges; department; authority to enter upon property; damages.

In addition to the authority granted to the department by section 39-1324, the department shall have the power and authority to enter upon any property for the purpose of conducting location or design and preliminary engineering studies. Such entry shall not be considered as a legal trespass and damages shall not be recoverable upon that account alone. Any actual or demonstrable damages to the premises caused by such entry may be recovered by the property owner in the manner provided by section 39-1324.

Source:Laws 1959, c. 175, § 12, p. 638.


39-8,103. Interstate bridges; department; construction and maintenance.

The department shall be responsible for the construction and maintenance of that portion of any interstate bridge located within the State of Nebraska, and shall have the power and authority to enter into agreements with an adjoining state for the joint construction or maintenance of the whole of any such bridge, as authorized by section 39-8,107.

Source:Laws 1959, c. 175, § 13, p. 638.


39-8,104. Interstate bridges; method of construction and maintenance.

In the absence of an agreement between the department and an adjoining state to the contrary, the department may accomplish any construction or maintenance upon that portion of any interstate bridge which is located within the State of Nebraska by any of the following methods which, in the opinion of the department, shall be to the best interests of the State of Nebraska in regard to economy, ease of operation, and traffic control: (1) Utilization of its own personnel, material, and equipment; (2) utilization of its own personnel, and rental, lease, or purchase of the necessary equipment and material; (3) letting contracts for such construction or maintenance to any person qualified; or (4) utilization of any combination of such methods; Provided, that all construction or maintenance done by the department which involves the use of funds of both the State of Nebraska and the United States shall be let by contract in the manner provided by the provisions of section 39-8,105.

Source:Laws 1959, c. 175, § 14, p. 638.


39-8,105. Interstate bridges; construction and maintenance; contracts; letting; procedure.

All contracts let by the department for construction or maintenance upon any interstate bridge, except contracts for emergency maintenance, whether let pursuant to an agreement between the department and an adjoining state, or otherwise, shall be let in the same manner and under the same conditions provided by sections 39-1348 to 39-1354.

Source:Laws 1959, c. 175, § 15, p. 639.


39-8,106. Interstate bridges; construction and maintenance; bidders; bond.

Any agreement made between the department and an adjoining state which authorizes the letting of construction or maintenance contracts by either the department or the adjoining state shall require the person to whom the contract is to be awarded to furnish bond, with good and sufficient sureties approved by the department, in an amount at least equal to the interests of the State of Nebraska in the contract price, conditioned upon the faithful fulfillment of the contract. In the absence of any such agreement between the department and an adjoining state, such bond shall be required of all persons awarded contracts by the department for construction or maintenance to be performed wholly within the State of Nebraska.

Source:Laws 1959, c. 175, § 16, p. 639.


39-8,107. Interstate bridges; construction and maintenance; agreements with adjoining states.

The department shall have the power and authority to enter into agreements with an adjoining state respecting the construction or maintenance of the whole or any part of any interstate bridge between the State of Nebraska and the adjoining state. In addition to the provisions required by sections 39-8,106 and 39-8,108, such agreements may make provision for, but shall not be limited to:

(1) The types of construction and maintenance to be performed, including the construction and maintenance of any movable spans, sections, or parts of such bridges, and maintenance of an emergency nature;

(2) The times and places at which such construction or maintenance shall be accomplished;

(3) Whether such construction or maintenance may be contracted to any person, and under what conditions;

(4) Which state shall perform, or let the necessary contracts for, such construction or maintenance; and

(5) The manner and method of accomplishing any reimbursement which shall be necessary between the department and the adjoining state.

Source:Laws 1959, c. 175, § 17, p. 639.


39-8,108. Interstate bridges; construction contracts; limitations.

Any agreement made between the department and an adjoining state making provision for the manner and method of construction of interstate bridges shall provide that the department shall not let any contract of construction involving construction within both the State of Nebraska and an adjoining state, nor authorize the adjoining state to let any such contract which will bind the department or the State of Nebraska in any manner, until:

(1) The adjoining state has, by appropriate action through the proper authority, appropriated, allocated, or otherwise provided the necessary funds to pay the costs of that portion of such construction to be accomplished within the adjoining state, and bound itself to use such funds in the payment of such costs; and

(2) The adjoining state has acquired the land, real or personal property, or interest therein, which may be necessary before construction can proceed.

Source:Laws 1959, c. 175, § 18, p. 640.


39-8,109. Interstate bridges; department; funds; reimbursement.

The funds available to the department under the provisions of sections 39-891 to 39-8,122 may be used by the department in support of any interstate bridge construction or maintenance agreement; Provided, that such agreement shall contain provisions which insure that the state performing construction or maintenance, or letting construction or maintenance contracts, pursuant to the agreement shall be reimbursed by the nonperforming state in a percentage of the total construction or maintenance costs equal to the proportion of the agreed construction or maintenance area within the nonperforming state.

Source:Laws 1959, c. 175, § 19, p. 640.


39-8,110. Interstate bridges; movable spans; agreement; payment.

Whenever any interstate bridge has spans, sections, or parts which are required to be movable by the laws, regulations, or codes of the United States, the department shall have the power and authority to enter into agreements with the adjoining state concerned respecting the operation and maintenance of such spans, sections, or parts. Such agreement may be included as a part of any agreement made for the construction or maintenance of interstate bridges, as provided by section 39-8,107, but the costs for the operation and maintenance of such spans, sections, or parts shall be considered separately from other construction and maintenance costs and shall be shared equally by the department and the adjoining state concerned.

Source:Laws 1959, c. 175, § 20, p. 640.


39-8,111. Interstate bridges; closing for construction or maintenance.

The department shall have the power and authority to enter into agreements with the adjoining state concerned to determine the manner in which the whole or any part of any interstate bridge may be closed to traffic for purposes of construction or maintenance. Any such agreement shall determine the party or parties which shall have the authority to close the whole or any part of such bridges, and shall contain provisions not inconsistent with sections 39-891 to 39-8,122. In the absence of such an agreement, the department may close that portion of any interstate bridge located within the State of Nebraska under the authority of section 39-1345.

Source:Laws 1959, c. 175, § 21, p. 641.


39-8,112. Interstate bridges; closing; notice.

Before the whole or any part of any interstate bridge shall be closed, either pursuant to an agreement between the department and an adjoining state or otherwise, the party closing such bridge shall notify in writing the proper authorities of the department, the adjoining state, and, as may be necessary, the political or governmental subdivisions of the State of Nebraska and the adjoining state directly concerned, of the intent to close the bridge, the area of the bridge which will be closed, the date and time of such closing, the approximate amount of time such area will be closed, and the route of any detours established; Provided, that such notice shall not be required when the whole or any part of an interstate bridge is closed for emergency maintenance under the authority of section 39-8,115.

Source:Laws 1959, c. 175, § 22, p. 641.


39-8,113. Interstate bridges; closing; barricades; detours.

After giving the notice required by section 39-8,112, the party authorized to close the whole or any part of any interstate bridge shall, before closing any part of such bridge, erect suitable barricades and make provision for any necessary detours in the manner provided by sections 39-1345 to 39-1347.

Source:Laws 1959, c. 175, § 23, p. 641.


39-8,114. Interstate bridges; closing; barricades; assumption of risk.

The barricades, fences, or other enclosures erected upon any interstate bridge shall serve as notice to the public that the area closed is unsafe for travel and that any person entering such area, without the permission or consent of the party authorized to close such area, shall do so at his own risk.

Source:Laws 1959, c. 175, § 24, p. 642.


39-8,115. Interstate bridges; department; emergency maintenance; barricade danger area; contract; bond.

Whenever, in the opinion of the department, an emergency or unusual condition exists requiring immediate attention in order to insure the passage or safe flow of traffic over or upon that portion of any interstate bridge located within the State of Nebraska, the department may close such portion of any such bridge to any or all traffic in order to perform the maintenance necessary thereon. Upon ascertaining the need for emergency maintenance, the department shall mark and post the danger area for the protection of the public and, within twenty-four hours thereafter, shall barricade the danger area and provide any detour necessary in compliance with section 39-8,113. The department may provide any part of the personnel, equipment, and material necessary to perform such emergency maintenance or may contract with any person who, in the opinion of the department, is capable of successfully performing the maintenance necessary; Provided, that the department shall not contract such emergency maintenance to any person incapable of furnishing the department with a bond with good and sufficient sureties approved by the department, in an amount at least equal to the contract price, conditioned upon the faithful fulfillment of the contract. If any agreement between the department and an adjoining state for the maintenance of interstate bridges has made provision for emergency maintenance, as authorized by section 39-8,107, such maintenance and the payment therefor shall be completed in accordance with the agreement.

Source:Laws 1959, c. 175, § 25, p. 642.


39-8,116. Interstate bridges; boundary line or boundary line toll bridges; department; power to purchase.

In order that any boundary line bridge or boundary line toll bridge may be added to the highway systems of the State of Nebraska and an adjoining state, the department shall have the power and authority to enter into agreements with an adjoining state to determine the manner and method of purchasing any such bridge, and the land, real or personal property, or any easement or interest necessary thereto, through the joint action of the department and the adjoining state, from the person holding title thereto. Such agreements may provide for any reasonable means of purchase and acceptance of title by the department and the adjoining state not in conflict with the laws of the State of Nebraska and the adjoining state; Provided, that no such agreement shall authorize, nor be construed to authorize, (1) the department to purchase the whole of any boundary line bridge or boundary line toll bridge, and the land, real or personal property, or easement or interest necessary thereto, nor (2) to complete any contract for the purchase of that portion of any such bridge, and the land, real or personal property, or easement or interest necessary thereto, located within the State of Nebraska which is not conditioned in performance upon the adjoining state completing a binding contract for purchase of that portion of such bridge, and the land, real or personal property, or easement or interest necessary thereto, located within the adjoining state with the person holding title thereto.

Source:Laws 1959, c. 175, § 26, p. 642.


39-8,117. Interstate bridges; boundary line or boundary line toll bridge; acquisition; agreement with adjoining state; power of eminent domain.

The department shall have the power and authority to enter into agreements with an adjoining state to determine the manner and method of acquiring, through the joint action of the department and the adjoining state, any boundary line bridge or boundary line toll bridge, and the land, real or personal property, or any easement or interest necessary thereto, by condemnation whenever the department and the adjoining state have failed to agree upon terms of purchase for any such bridge, and the land, real or personal property, or any easement or interest necessary thereto, with the person holding title thereto. Any such agreement may be incorporated as a provision of the purchase agreement authorized by section 39-8,116, or may be entered as a distinct and separate agreement between the department and the adjoining state. Such agreements may provide for the acquisition of such bridges, and the land, real or personal property, or easement or interest necessary thereto, by any lawful means of condemnation, and may include provision for, but shall not be limited to, the following:

(1) The election by the department and the adjoining state to institute a single joint proceeding to condemn any boundary line bridge or boundary line toll bridge, and any land, real or personal property, or easement or interest necessary thereto, as an entirety within a proper jurisdiction within either the State of Nebraska or the adjoining state, such proceeding to be conducted subject to the laws and procedure of the selected state and jurisdiction. If such proceeding be instituted within the State of Nebraska, it shall be conducted subject to sections 76-704 to 76-724;

(2) The election by the department and the adjoining state to institute a single joint proceeding to condemn any boundary line bridge or boundary line toll bridge, and any land, real or personal property, or easement or interest necessary thereto, as an entirety in a proper court of the United States, such proceeding to be conducted subject to the laws and rules of procedure specified for such an action in such court of the United States; or

(3) The election by the department and the adjoining state to present a petition to the United States stating that the department and the adjoining state are unable to satisfactorily institute condemnation proceedings against any boundary line bridge or boundary line toll bridge, and the land, real or personal property, or easement or interest necessary thereto, that such bridge and property are desired as additions to the highway systems of the State of Nebraska and the adjoining state, that sufficient funds are available to pay the costs of condemnation and acquisition of such bridge, and that the department and the adjoining state request the United States to institute condemnation proceedings to acquire such bridge and property under the laws of the United States for transfer to the department and the adjoining state; Provided, that no such agreement shall authorize, nor be construed to authorize, the department to institute such condemnation proceedings as will result in the department holding title to such bridge and property in the entirety, if such proceedings be successful.

Source:Laws 1959, c. 175, § 27, p. 643.


39-8,118. Interstate bridges; boundary line or boundary line toll bridge; department; gift; power to accept; conditions.

The department shall have the power and authority to accept title to and responsibility for the maintenance of that portion of any boundary line bridge or boundary line toll bridge, and the land, real or personal property, or easement or interest necessary thereto, located within the State of Nebraska whenever that portion of any such bridge may be offered to the State of Nebraska free of costs and indebtedness by the person holding title thereto; Provided, that any such acceptance given by the department shall be conditioned upon the adjoining state holding or acquiring title to that portion of such bridge, and the land, real or personal property, or easement or interest necessary thereto, located within the adjoining state from the person holding title thereto.

Source:Laws 1959, c. 175, § 28, p. 645.


39-8,119. Interstate bridges; regulation of transmission and pipe lines.

The department shall have the power and authority to enter into agreements with an adjoining state for the purpose of regulating the passage of transmission and pipe lines upon and across interstate bridges. Such agreements may provide that the department and the adjoining state, jointly, may establish all reasonable rules and regulations necessary to prevent such lines from interfering with any interstate bridge or the safe flow of traffic upon such bridge; Provided, that such rules and regulations shall not authorize the passage of any transmission or pipe line across or upon any interstate bridge in violation of the law of the State of Nebraska or of the adjoining state, or of any law, code, rule, or regulation of the United States. Nothing contained within this section shall be construed to limit, change, alter, or invalidate the provisions of any prior existing contract to which the department or the State of Nebraska is a party.

Source:Laws 1959, c. 175, § 29, p. 645.


39-8,120. Interstate bridges; department; rules and regulations; adopt.

The department shall have the power and authority to adopt and amend all rules and regulations necessary to carry out the provisions of sections 39-891 to 39-8,122; Provided, that such rules and regulations shall not violate any law of the State of Nebraska, or any law, code, rule, or regulation of the United States, pertaining to or affecting interstate bridges.

Source:Laws 1959, c. 175, § 30, p. 645.


39-8,121. Interstate bridges; free of toll.

All interstate bridges, or portions thereof, constructed, purchased, acquired, or maintained by the department shall be free of tolls.

Source:Laws 1959, c. 175, § 31, p. 646.


39-8,122. Act, how cited.

Sections 39-891 to 39-8,122 shall be known and cited as The Interstate Bridge Act of 1959.

Source:Laws 1959, c. 175, § 33, p. 646.


39-901. Repealed. Laws 1980, LB 741, § 1.

39-902. Repealed. Laws 1980, LB 741, § 1.

39-903. Repealed. Laws 1980, LB 741, § 1.

39-904. Repealed. Laws 1980, LB 741, § 1.

39-905. Repealed. Laws 1980, LB 741, § 1.

39-906. Repealed. Laws 1980, LB 741, § 1.

39-907. Repealed. Laws 1980, LB 741, § 1.

39-908. Repealed. Laws 1980, LB 741, § 1.

39-909. Repealed. Laws 1980, LB 741, § 1.

39-910. Repealed. Laws 1980, LB 741, § 1.

39-911. Repealed. Laws 1980, LB 741, § 1.

39-912. Repealed. Laws 1980, LB 741, § 1.

39-1001. Repealed. Laws 1996, LB 1114, § 75.

39-1002. Repealed. Laws 1996, LB 1114, § 75.

39-1003. Repealed. Laws 1996, LB 1114, § 75.

39-1004. Repealed. Laws 1996, LB 1114, § 75.

39-1005. Repealed. Laws 1996, LB 1114, § 75.

39-1006. Repealed. Laws 1996, LB 1114, § 75.

39-1007. Repealed. Laws 1967, c. 236, § 1.

39-1008. Repealed. Laws 1996, LB 1114, § 75.

39-1009. Repealed. Laws 1996, LB 1114, § 75.

39-1010. Mailboxes; location; violation; duty of Department of Transportation.

(1) Except as otherwise provided in this subsection, all mailboxes shall be placed such that no part of the mailbox extends beyond the shoulder line of any highway and the mailbox support shall be placed a minimum of one foot outside the shoulder line of any gravel-surfaced highway, and of any hard-surfaced highway having a shoulder width of six feet or more as measured from the edge of the hard surfacing. Along hard-surfaced highways having a shoulder width of less than six feet, the Department of Transportation shall, on new construction or reconstruction, where feasible, provide a shoulder width of not less than six feet, or provide for a minimum clear traffic lane of ten feet in width at mailbox turnouts. On highways built before October 9, 1961, having a shoulder width of less than six feet, the department may, where feasible and deemed advisable, provide a shoulder width of not less than six feet or provide for minimum clear traffic lane of ten feet in width at mailbox turnouts. For a hard-surfaced highway having either a mailbox turnout or a hard-surfaced shoulder width of eight feet or more, the mailbox shall be placed such that no part of the mailbox extends beyond the outside edge of the mailbox turnout or hard-surfaced portion of the shoulder and the mailbox support shall be placed a minimum of one foot outside the outside edge of the mailbox turnout or hard-surfaced portion of the shoulder.

(2) It shall be the duty of the department to notify the owner of all mailboxes in violation of the provisions of this section, and the department may remove such mailboxes if the owner fails or refuses to remove the same after a reasonable time after he or she is notified of such violations.

Source:Laws 1961, c. 194, § 1, p. 593; Laws 2014, LB757, § 1;    Laws 2017, LB339, § 117.    
Operative Date: July 1, 2017


39-1011. Mailboxes; Department of Transportation; turnouts; provide.

The Department of Transportation shall provide and maintain gravel, crushed-rock, or hard-surface turnouts for delivery of mail to all mailboxes placed on the highway rights-of-way to conform with section 39-1010.

Source:Laws 1961, c. 194, § 2, p. 593; Laws 2017, LB339, § 118.    
Operative Date: July 1, 2017


39-1012. Mailboxes; violations; penalty.

Any person who violates the provisions of section 39-1010 shall be guilty of a Class V misdemeanor.

Source:Laws 1961, c. 194, § 3, p. 594; Laws 1977, LB 40, § 210.


39-1101. State Highway Commission; creation; members.

There is hereby created in the Department of Transportation a State Highway Commission which shall consist of eight members to be appointed by the Governor with the consent of a majority of all the members of the Legislature. One member shall at all times be appointed from each of the eight districts designated in section 39-1102. Each member of the commission shall be (1) a citizen of the United States, (2) not less than thirty years of age, and (3) a bona fide resident of the State of Nebraska and of the district from which he or she is appointed for at least three years immediately preceding his or her appointment. Not more than four members shall be of the same political party. The Director-State Engineer shall be an ex officio member of the commission who shall vote in case of a tie.

Source:Laws 1953, c. 334, § 1, p. 1095; Laws 1955, c. 163, § 1, p. 468; Laws 1987, LB 161, § 1; Laws 2017, LB339, § 119.    
Operative Date: July 1, 2017


39-1102. State Highway Commission; districts.

The designation and limits of the eight districts from which members of the State Highway Commission are to be appointed shall be as follows:

(1) District No. 1. The counties of Butler, Saunders, Seward, Saline, Nemaha, Lancaster, Gage, Pawnee, Richardson, Johnson, Jefferson, Otoe, and Cass except for a portion north of a line beginning at the intersection of Interstate Highway 80 and the Platte River and proceeding southeasterly to the section corner of the northeast corner of section 21, township 11, north, range 11, east, which is also the junction of Nebraska State Highway 1 and Nebraska State Highway 50; thence southeasterly to the southeast corner of section 14, township 10, north, range 13, east, which is also the junction of U.S. Highway 34 and U.S. Highway 75; thence on a line east to the Missouri River;

(2) District No. 2. The counties of Dodge, Washington, Douglas, and Sarpy and that portion of Cass County which is not within District No. 1;

(3) District No. 3. The counties of Knox, Antelope, Cedar, Dixon, Dakota, Thurston, Wayne, Madison, Stanton, Cuming, Burt, Colfax, Platte, Boone, and Pierce;

(4) District No. 4. The counties of Nance, Thayer, Valley, Greeley, Sherman, Howard, Merrick, Polk, Buffalo, Hall, Hamilton, York, Adams, Clay, Fillmore, Webster, and Nuckolls;

(5) District No. 5. The counties of Sioux, Dawes, Box Butte, Sheridan, Scotts Bluff, Banner, Kimball, Morrill, Cheyenne, Garden, and Deuel;

(6) District No. 6. The counties of Custer, Grant, Hooker, Thomas, Arthur, McPherson, Blaine, Dawson, Logan, Keith, and Lincoln;

(7) District No. 7. The counties of Chase, Perkins, Dundy, Hayes, Hitchcock, Frontier, Kearney, Red Willow, Gosper, Furnas, Phelps, Harlan, and Franklin; and

(8) District No. 8. The counties of Cherry, Brown, Keya Paha, Rock, Loup, Garfield, Wheeler, Holt, and Boyd.

Source:Laws 1953, c. 334, § 2, p. 1095; Laws 1987, LB 161, § 2; Laws 1991, LB 5, § 1.


39-1103. Members; term of office.

(1) Within thirty days after September 14, 1953, the Governor shall appoint the initial members of the State Highway Commission who shall hold office for the following periods of time from September 14, 1953: (a) Two members for a period of two years; (b) two members for a period of four years; and (c) three members for a period of six years. One additional member shall be appointed for a term of six years beginning September 14, 1987. Each succeeding member of the commission shall be appointed for a term of six years, except members appointed to fill vacancies whose tenure shall be the unexpired term for which they shall be appointed. If the Legislature is not in session when members of the commission are appointed by the Governor, such members shall take office and act as recess appointees until the next meeting of the Legislature.

(2) Any member serving on the State Highway Commission on August 30, 1987, shall continue to serve until his or her term expires, but in the event the county in which he or she is residing is transferred to a different district upon August 30, 1987, such member shall complete his or her term in the new district in which such county is located pursuant to section 39-1102.

Source:Laws 1953, c. 334, § 3, p. 1096; Laws 1987, LB 161, § 3.


39-1104. Members; removal; procedure.

Members of the State Highway Commission may be removed by the Governor for inefficiency, neglect of duty, or misconduct in office, but only after delivering to the member a copy of the charges and affording him an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days' notice. Such hearing shall be held before the Governor. If such member shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all the charges made against such member and the findings of the Governor thereon, together with a complete record of the proceedings.

Source:Laws 1953, c. 334, § 4, p. 1096.


39-1105. Members; oath of office.

Each commissioner and every officer under the State Highway Commission, before entering upon the duties of his office, shall subscribe and take the constitutional oath of office, which shall be filed in the office of the Secretary of State.

Source:Laws 1953, c. 334, § 5, p. 1097.


39-1106. Members; chairperson; per diem; expenses.

The members of the State Highway Commission shall meet in January of each year and shall elect a chairperson of the commission from their members. Each member of the commission shall be paid the sum of twenty dollars per day while actually engaged in the business of the commission, but not in excess of twenty-four hundred dollars per annum. The members of the commission shall be paid their mileage, and their expenses while away from home attending to the business of the commission as provided in sections 81-1174 to 81-1177 for state employees.

Source:Laws 1953, c. 334, § 6, p. 1097; Laws 1981, LB 204, § 59.


39-1107. Secretary of commission; employ.

The State Highway Commission, subject to the approval of the Governor, shall employ a person who shall act as secretary of the commission.

Source:Laws 1953, c. 334, § 7, p. 1097; Laws 1955, c. 163, § 2, p. 469.


39-1108. State Highway Commission; meetings; quorum; minutes; open to public.

Regular meetings of the State Highway Commission shall be held upon call of the chairperson, but not less than six times per year. Special meetings may be held upon call of the chairperson or pursuant to a call signed by three other members, of which the chairperson shall have three days' written notice.

All regular meetings shall be held in suitable offices to be provided in Lincoln unless a majority of the members deem it necessary to hold a regular meeting at another location within this state. Members of the commission may participate by telephone conference call or videoconference as long as the chairperson or vice-chairperson conducts the meeting in an open forum where the public is able to participate by attendance at the scheduled meeting.

Five members of the commission constitute a quorum for the transaction of business. Every act of a majority of the members of the commission shall be deemed to be the act of the commission.

All meetings shall be open to the public and shall be conducted in accordance with the Open Meetings Act.

The minutes of the meetings shall show the action of the commission on matters presented. The minutes shall be open to public inspection.

Source:Laws 1953, c. 334, § 8, p. 1097; Laws 1971, LB 101, § 1; Laws 1981, LB 544, § 4; Laws 1987, LB 161, § 4; Laws 2003, LB 101, § 1;    Laws 2004, LB 821, § 11.    


Cross References

39-1109. Repealed. Laws 1987, LB 161, § 5.

39-1110. State Highway Commission; powers and duties.

(1) It shall be the duty of the State Highway Commission:

(a) To conduct studies and investigations and to act in an advisory capacity to the Director-State Engineer in the establishment of broad policies for carrying out the duties and responsibilities of the Department of Transportation;

(b) To advise the public regarding the policies, conditions, and activities of the department;

(c) To hold hearings, make investigations, studies, and inspections, and do all other things necessary to carry out the duties imposed upon it by law;

(d) To advance information and advice conducive to providing adequate and safe highways in the state;

(e) When called upon by the Governor, to advise him or her relative to the appointment of the Director-State Engineer; and

(f) To submit to the Governor its written advice regarding the feasibility of each relinquishment or abandonment of a fragment of a route, section of a route, or a route on the state highway system proposed by the department. The chairperson of the commission shall designate one or more of the members of the commission, prior to submitting such advice, to personally inspect the fragment of a route, section of a route, or a route to be relinquished or abandoned, who shall take into consideration the following factors: Cost to the state for maintenance, estimated cost to the state for future improvements, whether traffic service provided is primarily local or otherwise, whether other facilities provide comparable service, and the relationship to an integrated state highway system. The department shall furnish to the commission all needed assistance in making its inspection and study. If the commission, after making such inspection and study, shall fail to reach a decision as to whether or not the fragment of a route, section of a route, or a route should be relinquished or abandoned, it may hold a public hearing on such proposed relinquishment or abandonment. The commission shall give a written notice of the time and place of such hearing, not less than two weeks prior to the time of the hearing, to the political or governmental subdivisions or public corporations wherein such portion of the state highway system is proposed to be relinquished or abandoned. The commission shall submit to the Governor, within two weeks after such hearing, its written advice upon such proposed relinquishment or abandonment.

(2) All funds rendered available by law to the department, including funds already collected for such purposes, may be used by the State Highway Commission in administering and effecting such purposes, to be paid upon approval by the Director-State Engineer.

(3) All data and information of the department shall be available to the State Highway Commission.

(4) The State Highway Commission may issue bonds under the Nebraska Highway Bond Act.

Source:Laws 1953, c. 334, § 10, p. 1098; Laws 1955, c. 163, § 3, p. 469; Laws 2000, LB 1135, § 4;    Laws 2017, LB339, § 120.    
Operative Date: July 1, 2017


Cross References

39-1111. State Highway Commission; quarterly report; contents; file with Governor; file with Clerk of the Legislature.

The State Highway Commission shall file with the Governor each quarter a report fully and accurately showing conditions existing in the state with reference to the state's highway building and as to construction and maintenance work. Such reports shall further contain an itemized statement of all expenditures and the purposes for such expenditures since the last report submitted to the Governor. Each of such reports shall further contain an itemized budget of all proposed expenditures for the ensuing quarter. A copy of such report shall be filed electronically with the Clerk of the Legislature and be made available to the public. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the secretary of the commission.

Source:Laws 1953, c. 334, § 11, p. 1099; Laws 1979, LB 322, § 11; Laws 2012, LB782, § 39.    


39-1201. Repealed. Laws 1955, c. 164, § 1.

39-1202. Repealed. Laws 1955, c. 164, § 1.

39-1203. Repealed. Laws 1955, c. 164, § 1.

39-1204. Repealed. Laws 1955, c. 164, § 1.

39-1205. Repealed. Laws 1955, c. 164, § 1.

39-1206. Repealed. Laws 1955, c. 164, § 1.

39-1207. Repealed. Laws 1955, c. 164, § 1.

39-1208. Repealed. Laws 1955, c. 164, § 1.

39-1209. Repealed. Laws 1955, c. 164, § 1.

39-1210. Repealed. Laws 1955, c. 164, § 1.

39-1211. Repealed. Laws 1955, c. 164, § 1.

39-1212. Repealed. Laws 1955, c. 164, § 1.

39-1213. Repealed. Laws 1955, c. 164, § 1.

39-1214. Repealed. Laws 1955, c. 164, § 1.

39-1215. Repealed. Laws 1955, c. 164, § 1.

39-1216. Repealed. Laws 1955, c. 164, § 1.

39-1217. Repealed. Laws 1955, c. 164, § 1.

39-1218. Repealed. Laws 1955, c. 164, § 1.

39-1219. Repealed. Laws 1955, c. 164, § 1.

39-1220. Repealed. Laws 1955, c. 164, § 1.

39-1221. Repealed. Laws 1955, c. 164, § 1.

39-1222. Repealed. Laws 1955, c. 164, § 1.

39-1223. Repealed. Laws 1955, c. 164, § 1.

39-1224. Repealed. Laws 1955, c. 164, § 1.

39-1225. Repealed. Laws 1955, c. 164, § 1.

39-1226. Repealed. Laws 1955, c. 164, § 1.

39-1227. Repealed. Laws 1955, c. 164, § 1.

39-1228. Repealed. Laws 1955, c. 164, § 1.

39-1229. Repealed. Laws 1955, c. 164, § 1.

39-1230. Repealed. Laws 1955, c. 164, § 1.

39-1231. Repealed. Laws 1955, c. 164, § 1.

39-1232. Repealed. Laws 1955, c. 164, § 1.

39-1233. Repealed. Laws 1955, c. 164, § 1.

39-1234. Repealed. Laws 1955, c. 164, § 1.

39-1235. Repealed. Laws 1955, c. 164, § 1.

39-1236. Repealed. Laws 1955, c. 164, § 1.

39-1237. Repealed. Laws 1955, c. 164, § 1.

39-1238. Repealed. Laws 1955, c. 164, § 1.

39-1239. Repealed. Laws 1955, c. 164, § 1.

39-1301. State highways; declaration of legislative intent.

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.

Providing such a system of facilities and the efficient management, operation, and control thereof are recognized as urgent problems and the proper objectives of highway legislation.

Adequate highways provide for the free flow of traffic, result in low cost of motor vehicle operation, protect the health and safety of the citizens of the state, increase property values, and generally promote economic and social progress of the state.

It is the intent of the Legislature to consider of paramount importance the convenience and safety of the traveling public in the location, relocation, or abandonment of highways.

In designating the highway system of this state, as provided by sections 39-1301 to 39-1362 and 39-1393, the Legislature places a high degree of trust in the hands of those officials whose duty it shall be, within the limits of available funds, to plan, develop, construct, operate, maintain, and protect the highway facilities of this state, for present as well as for future uses.

The design, construction, maintenance, operation, and protection of adequate state highway facilities sufficient to meet the present demands as well as future requirements will, of necessity, require careful organization, with lines of authority definitely fixed, and basic rules of procedure established by the Legislature.

To this end, it is the intent of the Legislature, subject to the limitations of the Constitution and such mandates as the Legislature may impose by the provisions of such sections, to designate the Director-State Engineer and the department, acting under the direction of the Director-State Engineer, as direct custodian of the state highway system, with full authority in all departmental administrative details, in all matters of engineering design, and in all matters having to do with the construction, maintenance, operation, and protection of the state highway system.

The Legislature intends to declare, in general terms, the powers and duties of the Director-State Engineer, leaving specific details to be determined by reasonable rules and regulations which may be promulgated by him or her. It is the intent of the Legislature to grant authority to the Director-State Engineer to exercise sufficient power and authority to enable him or her and the department to carry out the broad objectives stated in this section.

While it is necessary to fix responsibilities for the construction, maintenance, and operation of the several systems of highways, it is intended that the State of Nebraska shall have an integrated system of all roads and streets to provide safe and efficient highway transportation throughout the state. The authority granted in sections 39-1301 to 39-1362 and 39-1393 to the Director-State Engineer and to the political or governmental subdivisions or public corporations of this state to assist and cooperate with each other is therefor essential.

The Legislature hereby determines and declares that such sections are necessary for the preservation of the public peace, health, and safety, for promotion of the general welfare, and as a contribution to the national defense.

Source:Laws 1955, c. 148, § 1, p. 414; Laws 1993, LB 15, § 3; Laws 2016, LB1038, § 7;    Laws 2017, LB271, § 3.    
Effective Date: August 24, 2017


Annotations

39-1302. Terms, defined.

For purposes of sections 39-1301 to 39-1393, unless the context otherwise requires:

(1) Abandon shall mean 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 shall mean an established passageway for vehicles and pedestrians affording a secondary means of access in the rear to properties abutting on a street or highway;

(3) Approach or exit road shall mean any highway or ramp designed and used solely for the purpose of providing ingress or egress to or from an interchange or rest area of a highway. An approach road shall begin at the point where it intersects with any highway not a part of the highway for which such approach road provides access and shall terminate at the point where it merges with an acceleration lane of a highway. An exit road shall begin at the point where it intersects with a deceleration lane of a highway and shall terminate at the point where it intersects any highway not a part of a highway from which the exit road provides egress;

(4) Arterial highway shall mean a highway primarily for through traffic, usually on a continuous route;

(5) Beltway shall mean the roads and streets not designated as a part of the state highway system and that are under the primary authority of a county or municipality, if the location of the beltway has been approved by (a) record of decision or finding of no significant impact and (b) the applicable local planning authority as a part of the comprehensive plan;

(6) Business shall mean any lawful activity conducted primarily for the purchase and resale, manufacture, processing, or marketing of products, commodities, or other personal property or for the sale of services to the public or by a nonprofit corporation;

(7) Channel shall mean a natural or artificial watercourse;

(8) Commercial activity shall mean those activities generally recognized as commercial by zoning authorities in this state, and industrial activity shall mean those activities generally recognized as industrial by zoning authorities in this state, except that none of the following shall be considered commercial or industrial:

(a) Outdoor advertising structures;

(b) General agricultural, forestry, ranching, grazing, farming, and related activities, including wayside fresh produce stands;

(c) Activities normally or regularly in operation less than three months of the year;

(d) Activities conducted in a building principally used as a residence;

(e) Railroad tracks and minor sidings; and

(f) Activities more than six hundred sixty feet from the nearest edge of the right-of-way of the road or highway;

(9) Connecting link shall mean the roads, streets, and highways designated as part of the state highway system and which are within the corporate limits of any city or village in this state;

(10) Controlled-access facility shall mean a highway or street especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. Such highways or streets may be freeways, or they may be parkways;

(11) Department shall mean the Department of Transportation;

(12) Displaced person shall mean any individual, family, business, or farm operation which moves from real property acquired for state highway purposes or for a federal-aid highway;

(13) Easement shall mean a right acquired by public authority to use or control property for a designated highway purpose;

(14) Expressway shall mean a divided arterial highway for through traffic with full or partial control of access which may have grade separations at intersections;

(15) Family shall mean two or more persons living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship;

(16) Farm operation shall mean any activity conducted primarily for the production of one or more agricultural products or commodities for sale and home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support;

(17) Federal-aid primary roads shall mean roads, streets, and highways, whether a part of the state highway system, county road systems, or city streets, which have been designated as federal-aid primary roads by the Nebraska Department of Transportation and approved by the United States Secretary of Transportation and shown on the maps provided for in section 39-1311;

(18) Freeway shall mean an expressway with full control of access;

(19) Frontage road shall mean a local street or road auxiliary to an arterial highway for service to abutting property and adjacent areas and for control of access;

(20) Full control of access shall mean that the right of owners or occupants of abutting land or other persons to access or view is fully controlled by public authority having jurisdiction and that such control is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings or intersections at grade or direct private driveway connections;

(21) Grade separation shall mean a crossing of two highways at different levels;

(22) Highway shall mean a road or street, including the entire area within the right-of-way, which has been designated a part of the state highway system;

(23) Individual shall mean a person who is not a member of a family;

(24) Interchange shall mean a grade-separated intersection with one or more turning roadways for travel between any of the highways radiating from and forming part of such intersection;

(25) Map shall mean a drawing or other illustration or a series of drawings or illustrations which may be considered together to complete a representation;

(26) Mileage shall mean the aggregate distance in miles without counting double mileage where there are one-way or divided roads, streets, or highways;

(27) Parking lane shall mean an auxiliary lane primarily for the parking of vehicles;

(28) Parkway shall mean an arterial highway for noncommercial traffic, with full or partial control of access, and usually located within a park or a ribbon of park-like development;

(29) Relinquish shall mean to surrender all or part of the rights and responsibilities relating to all or part of a fragment, section, or route on the state highway system to a political or governmental subdivision or public corporation of Nebraska;

(30) Right of access shall mean the rights of ingress and egress to or from a road, street, or highway and the rights of owners or occupants of land abutting a road, street, or highway or other persons to a way or means of approach, light, air, or view;

(31) Right-of-way shall mean land, property, or interest therein, usually in a strip, acquired for or devoted to a road, street, or highway;

(32) Road shall mean a public way for the purposes of vehicular travel, including the entire area within the right-of-way. A road designated as part of the state highway system may be called a highway, while a road in an urban area may be called a street;

(33) Roadside shall mean the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside;

(34) Roadway shall mean the portion of a highway, including shoulders, for vehicular use;

(35) Separation structure shall mean that part of any bridge or road which is directly overhead of the roadway of any part of a highway;

(36) State highway purposes shall have the meaning set forth in subsection (2) of section 39-1320;

(37) State highway system shall mean the roads, streets, and highways shown on the map provided for in section 39-1311 as forming a group of highway transportation lines for which the Nebraska Department of Transportation shall be the primary authority. The state highway system shall include, but not be limited to, rights-of-way, connecting links, drainage facilities, and the bridges, appurtenances, easements, and structures used in conjunction with such roads, streets, and highways;

(38) Street shall mean a public way for the purposes of vehicular travel in a city or village and shall include the entire area within the right-of-way;

(39) Structure shall mean anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location;

(40) Title shall mean the evidence of a person's right to property or the right itself;

(41) Traveled way shall mean the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes;

(42) Unzoned commercial or industrial area for purposes of control of outdoor advertising shall mean all areas within six hundred sixty feet of the nearest edge of the right-of-way of the interstate and federal-aid primary systems which are not zoned by state or local law, regulation, or ordinance and on which there is located one or more permanent structures devoted to a business or industrial activity or on which a commercial or industrial activity is conducted, whether or not a permanent structure is located thereon, the area between such activity and the highway, and the area along the highway extending outward six hundred feet from and beyond each edge of such activity and, in the case of the primary system, may include the unzoned lands on both sides of such road or highway to the extent of the same dimensions if those lands on the opposite side of the highway are not deemed scenic or having aesthetic value as determined by the department. In determining such an area, measurements shall be made from the furthest or outermost edges of the regularly used area of the commercial or industrial activity, structures, normal points of ingress and egress, parking lots, and storage and processing areas constituting an integral part of such commercial or industrial activity;

(43) Visible, for purposes of section 39-1320, in reference to advertising signs, displays, or devices, shall mean the message or advertising content of such sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign shall be considered visible even though the message or advertising content may be seen but not read;

(44) Written instrument shall mean a deed or any other document that states a contract, agreement, gift, or transfer of property; and

(45) Zoned commercial or industrial areas shall mean those areas within six hundred sixty feet of the nearest edge of the right-of-way of the Highway Beautification Control System defined in section 39-201.01, zoned by state or local zoning authorities for industrial or commercial activities.

Source:Laws 1955, c. 148, § 2, p. 415; Laws 1969, c. 329, § 1, p. 1174; Laws 1972, LB 1181, § 1; Laws 1975, LB 213, § 4; Laws 1983, LB 120, § 2; Laws 1993, LB 15, § 4; Laws 1993, LB 121, § 211; Laws 1993, LB 370, § 39; Laws 1995, LB 264, § 21; Laws 2005, LB 639, § 1;    Laws 2016, LB1038, § 8;    Laws 2017, LB271, § 4;    Laws 2017, LB339, § 121.    

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB271, section 4, with LB339, section 121, to reflect all amendments.

Note: Changes made by LB339 became operative July 1, 2017. Changes made by LB271 became effective August 24, 2017.


Annotations

39-1303. Repealed. Laws 1967, c. 235, § 5.

39-1304. State highways; federal aid; state assents.

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 likewise assents to the Congressional Federal Aid Acts, Federal Highway Acts, and Federal Aid Highway Acts approved subsequent to July 11, 1916. In the absence of contrary legislative action regarding the assent hereby given, the Legislature shall be deemed to have given a continuing assent to subsequent acts, rules, and regulations which either amend or supplement the above-mentioned acts or otherwise provide funds for the same or similar purposes.

Source:Laws 1955, c. 148, § 4, p. 419.


39-1304.01. State highways; federal aid; further assent.

The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304.

Source:Laws 1957, c. 171, § 1, p. 592.


39-1304.02. State highways; federal aid; relocation of public utilities; cost; limitation.

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 for federal aid thereunder, or any highway which at any time was on or designated as a part of the National System of Interstate and Defense Highways but has been removed for any reason, is required to be altered, changed, moved, or relocated for the construction of any federal-aid highway project, the cost of such alteration, change, moving, or relocation, and the expense of acquiring lands or any rights and interests in land or any other rights acquired to accomplish such alteration, change, moving, or relocation, shall be paid by the state as a part of the expense of such federally aided projects except when such payment to the utility would violate a legal contract between the utility and the state, or between the utility and a county, city, or village of the state, under the express terms of which contract the utility specifically agrees to pay or assume such costs of alteration, change, moving, or relocation. The cost of the alteration, change, moving, or relocation, and the expense of acquiring lands or any rights and interests in land or any other rights required to accomplish such alteration, change, moving, or relocation of a utility facility located in, over, along, or under any highway which at any time was on or designated as a part of the National System of Interstate and Defense Highways but has been removed for any reason shall not be paid by the state on or after July 1, 1993, and the total amount paid from May 5, 1983, until July 1, 1993, including any federal-aid funds, shall not exceed five million dollars. For the purpose of this section, the term cost of relocation shall include the entire amount paid by such utility properly attributable to such alteration, change, moving, or relocation after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility.

Source:Laws 1957, c. 171, § 2, p. 592; Laws 1983, LB 96, § 1.


39-1304.03. State highways; federal aid; further assent.

The Legislature hereby reaffirms its continuing assent to the federal acts set forth in section 39-1304, and amendments thereto.

Source:Laws 1961, c. 181, § 1, p. 534.


39-1305. Federal aid; cooperation with federal government; agreements authorized.

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 governmental subdivision or any public corporation of this state, or of any road necessary to be constructed for national defense, national forests and scenic purposes, for which federal funds or aid are secured and for maintenance of roads constructed for the United States Government. Such contracts or acts shall be carried out in the manner required by the provisions of the acts of Congress and the rules and regulations made by an agent of the United States in pursuance of such acts.

Source:Laws 1955, c. 148, § 5, p. 419; Laws 1965, c. 221, § 1, p. 643.


39-1305.01. Projects for which federal funds are available; department; powers and duties.

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 Highways Program project under 23 U.S.C. 204(h). The department may expend state funds to enable the state to participate in the benefits to be secured from these federal program funds. In accordance with the department's authority set out in sections 39-1306, 39-1307, and 39-1308, the department may assist any state agency, the Nebraska State Historical Society, the Game and Parks Commission, the University of Nebraska, any political or governmental subdivision, or any public corporation of this state in soliciting and expending federal funds under the federal acts listed in this section.

Source:Laws 1993, LB 15, § 5.


39-1306. Federal aid; political subdivisions; department; agreements; unused funds; allocation.

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, or funds made available from the federal government to be used on roads and streets. The department may negotiate and enter into agreements with the federal government, or any of its constituted agencies, and take all steps and proceedings necessary in order to secure such benefits for such political or governmental subdivisions or public corporations.

Source:Laws 1955, c. 148, § 6, p. 420; Laws 1967, c. 237, § 1, p. 635; Laws 1969, c. 330, § 1, p. 1185.


Annotations

39-1306.01. Federal aid; political subdivisions; department; unused funds; allocation.

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 25, 1969. The department shall separately classify all unused funds referred to in section 39-1306 from their sources on the basis of the type of political or governmental subdivision or public corporation to which they were allotted. It is the intent of the Legislature that such funds which were allotted to counties and were unused be made available to other counties, and that such funds which were allotted to cities and villages and were unused be made available to other cities and villages. The funds in each classification shall be made available by the department to other subdivisions which have utilized all of the federal funds available to them, and shall be subject to the same conditions as apply to funds received under section 39-1306. Such funds shall be reallocated upon application therefor by the subdivisions.

Source:Laws 1967, c. 237, § 2, p. 635; Laws 1969, c. 330, § 3, p. 1185; Laws 2017, LB339, § 122.    
Operative Date: July 1, 2017


39-1306.02. Federal aid; political subdivisions; allotment; department; duration; notice.

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 the department has allotted to it, and, that the duration of the allotment to the political or governmental subdivision or public corporation is for not less than an eighteen-month period, which notice shall state the last date of such allotment to the subdivision or political corporation. The department shall give notice a second time six months before the last date of such allotment of the impending six months expiration of the allotment and of the amount of funds remaining.

Source:Laws 1969, c. 330, § 2, p. 1185; Laws 2017, LB339, § 123.    
Operative Date: July 1, 2017


39-1306.03. United States Department of Transportation; department assume responsibilities; agreements authorized; waiver of immunity; department; powers and duties.

(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 assessments or environmental impact statements; and

(b) For environmental review, consultation, or other related actions required under any federal law applicable to activities that are classified as categorical exclusions.

(2) The department may assume, pursuant to 23 U.S.C. 327, all or part of the responsibilities of the United States Department of Transportation:

(a)(i) With respect to one or more highway projects within the state, under the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq.; and

(ii) For environmental review, consultation, or other action required under any federal environmental law pertaining to the review or approval of a specific project; and

(b) With respect to one or more railroad, public transportation, or multimodal projects within the state under the National Environmental Policy Act of 1969, as amended.

(3) The department may enter into one or more agreements with the United States Secretary of Transportation, including memoranda of understanding, in furtherance of the assumption by the department of duties under 23 U.S.C. 326 and 327.

(4) The State of Nebraska hereby waives its immunity from civil liability, including immunity from suit in federal court under the Eleventh Amendment to the United States Constitution, and consents to the jurisdiction of the federal courts solely for the compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. 326 and 327, in accordance with the same procedural and substantive requirements applicable to a suit against a federal agency. This waiver of immunity shall only be valid if:

(a) The department executes a memorandum of understanding with the United States Department of Transportation accepting the jurisdiction of the federal courts as required by 23 U.S.C. 326(c) and 327(c);

(b) The act or omission that is the subject of the lawsuit arises out of compliance, discharge, or enforcement of responsibilities assumed by the department pursuant to 23 U.S.C. 326 and 327; and

(c) The memorandum of understanding is in effect when the act or omission that is the subject of the federal lawsuit occurred.

(5) The department may adopt and promulgate rules and regulations to implement this section and may adopt relevant federal environmental standards as the standards for the department.

Source:Laws 2017, LB271, § 5.    
Effective Date: August 24, 2017


39-1307. Department; political subdivisions; highways, roads, streets; constructing, maintaining, improving, financing; agreements.

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, maintaining, using, altering, relocating, regulating, or vacating of highways, roads, streets, connecting links, rights-of-way, including but not limited to, canals, ditches, or power, telephone, water, gas, sewer and other service lines owned by such political or governmental subdivision or public corporation. Such agreements may, in the discretion of the parties, include provision for indemnification of, or sharing of, any liability of the parties for future damages occurring to other persons or property and which may arise under the terms of the contract authorized by this section.

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 whereby the department purchases from any such entity the federal-aid transportation funds made available to such entity. Such funds may be purchased at a discount rate determined by the department to be in its best interest. Such agreements shall provide that the funds obtained from such sale by the political or governmental subdivision or public corporation be expended for cost of construction, reconstruction, maintenance, and repair of public highways, streets, roads, or bridges and facilities, appurtenances, and structures deemed necessary in connection therewith. All entities which sell federal-aid transportation funds to the department shall provide proof to the department that the proceeds of the sale were expended for the described purposes. The manner in which the proof shall be provided and the time at which proof shall be made shall be in the discretion of the department and shall be set forth in the agreement.

When the installation, repair, or modification of an electric generating facility necessitates increased use of a street or road the department may (1) temporarily or permanently provide for the construction and maintenance of such street or road, (2) cooperate with the county or township to maintain such street or road, or (3) designate the street or road as part of the state highway system as provided in section 39-1309. The department shall consider whether improving or maintaining the street or road will benefit the general public, the present condition of the street or road, and the actual or potential traffic volume of such street or road.

Source:Laws 1955, c. 148, § 7, p. 420; Laws 1967, c. 238, § 1, p. 636; Laws 1981, LB 14, § 1; Laws 2011, LB98, § 1.    


Annotations

39-1308. Department; political subdivisions; advisory capacity; planning, locating, constructing, maintaining; highways, roads, streets.

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 and other related matters. The department, in such instances, may provide services and may cooperate with such subdivisions and corporations on such terms as may be mutually agreed upon.

Source:Laws 1955, c. 148, § 8, p. 420.


39-1309. State highway system; designation; redesignation; factors.

(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 highway system on September 18, 1955, except that a highway from Rushville in Sheridan County going south on the most feasible and direct route to the Smith Lake State Recreation Grounds shall be known as state highway 250 and shall be a part of the state highway system.

(2) The state highway system may be redesignated, relocated, redetermined, or recreated by the department with the written advice of the State Highway Commission and the consent of the Governor. In redesignating, relocating, redetermining, or recreating the several routes of the state highway system, the following factors, except as provided in section 39-1309.01, shall be considered: (a) The actual or potential traffic volumes and other traffic survey data, (b) the relevant factors of construction, maintenance, right-of-way, and the costs thereof, (c) the safety and convenience of highway users, (d) the relative importance of each highway to existing business, industry, agriculture, enterprise, and recreation and to the development of natural resources, business, industry, agriculture, enterprise, and recreation, (e) the desirability of providing an integrated system to serve interstate travel, principal market centers, principal municipalities, county seat municipalities, and travel to places of statewide interest, (f) the desirability of connecting the state highway system with any state park, any state forest reserve, any state game reserve, the grounds of any state institution, or any recreational, scenic, or historic place owned or operated by the state or federal government, (g) the national defense, and (h) the general welfare of the people of the state.

(3) Any highways not designated as a part of the state highway system as provided by sections 39-1301 to 39-1362 and 39-1393 shall be a part of the county road system, and the title to the right-of-way of such roads shall vest in the counties in which the roads are located.

Source:Laws 1955, c. 148, § 9, p. 420; Laws 1959, c. 176, § 1, p. 647; Laws 1981, LB 285, § 5; Laws 1993, LB 15, § 6; Laws 2016, LB1038, § 9;    Laws 2017, LB271, § 6.    
Effective Date: August 24, 2017


39-1309.01. Temporary detour designated part of state highway system; Director-State Engineer; powers; duties.

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 state highway system over which the department shall have responsibility, as soon as such road is deemed a temporary detour for the state highway system.

If such county road remains a detour road for the state highway system one year after it was initially designated a detour road, the Director-State Engineer shall consider the factors in section 39-1309 to determine whether such road shall continue as part of the state highway system. Upon a determination by the director that such road shall no longer be part of the state highway system, the director shall provide notice of such fact to the county board or the county's governing body having primary authority for such road.

Source:Laws 1981, LB 285, § 4.


39-1310. Repealed. Laws 1976, LB 724, § 11.

39-1311. State highway system; department; maintain current map; contents; corridor location; map; notice; beltway; duties.

(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 designation or location of highways constituting the state highway system, or additions thereto, shall be indicated upon the map. The department shall also maintain six separate and additional maps. These maps shall include (a) the roads, highways, and streets designated as federal-aid primary roads as of March 27, 1972, (b) the National System of Interstate and Defense Highways, (c) the roads designated as the federal-aid primary system as it existed on June 1, 1991, (d) the National Highway System, (e) the Highway Beautification Control System as defined in section 39-201.01, and (f) scenic byways as defined in section 39-201.01. The National Highway System is the system designated as such under the federal Intermodal Surface Transportation Efficiency Act. The maps shall be available at all times for public inspection at the offices of the Director-State Engineer and shall be filed with the Legislature of the State of Nebraska each biennium.

(2) Whenever the department has received a corridor location approval for a proposed state highway or proposed beltway to be located in any county or municipality, it shall prepare a map of such corridor sufficient to show the location of such corridor on each parcel of land to be traversed. If the county or municipality in which such corridor is located does not have a requirement for the review and approval of a preliminary subdivision plat or a requirement that a building permit be obtained prior to commencement of a structure, the department shall send notice of the approval of such corridor by certified mail to the owner of each parcel traversed by the corridor at the address shown for such owner on the county tax records. Such notice shall advise the owner of the requirement of sections 39-1311 to 39-1311.05 for preliminary subdivision plats and for building permits.

(3) For any beltway proposed under sections 39-1311 to 39-1311.05, the duties of the department shall be assumed by the county or municipality that received approval for the beltway project.

Source:Laws 1955, c. 148, § 11, p. 422; Laws 1972, LB 1181, § 2; Laws 1974, LB 805, § 1; Laws 1995, LB 264, § 22; Laws 2003, LB 187, § 7;    Laws 2005, LB 639, § 2;    Laws 2017, LB339, § 124.    
Operative Date: July 1, 2017


39-1311.01. Corridor map; copy; transmit.

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 not required in the county or municipality, to the county clerk of the county in which the corridor is located.

Source:Laws 1974, LB 805, § 2; Laws 2003, LB 187, § 8.    


39-1311.02. Corridor; review of preliminary subdivision plat; building permit; required.

(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 actual cost of the structure exceeds one thousand dollars. Structures include, but are not limited to, any construction or improvement to land such as public or private streets, sidewalks, and utilities; golf course tee boxes, fairways, or greens; drainage facilities; storm water detention areas; mitigation sites; green space; landscaped areas; or other similar uses. Any application for a building permit shall include a plat drawn by a person licensed as a professional engineer or architect under the Engineers and Architects Regulation Act or registered as a land surveyor as provided in the Land Surveyors Regulation Act showing the location of all existing and proposed structures in the area subject to corridor protection.

Source:Laws 1974, LB 805, § 3; Laws 2003, LB 187, § 9;    Laws 2015, LB138, § 4.    


Cross References

39-1311.03. Corridor; proposed subdivision plat; building permit; notice; statement of intent; issuance.

(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 county clerk shall give the department notice of the filing of a request for a review of a preliminary subdivision plat. The officer responsible for review of subdivision plats shall not approve or forward for approval a subdivision plat for a period of sixty days from the date of mailing notice of the filing of the request with the department unless the department waives in writing the time period. Within the sixty-day period, the department may if it wishes file with such officer a statement of intent to negotiate with the owner of the land involved. Upon the filing of such statement of intent, the department shall be allowed six months for negotiations with the landowner. At the end of such six-month period, if the landowner has not withdrawn his or her request for review of a subdivision plat, the officer responsible for review of subdivision plats shall proceed with consideration of such preliminary plat if it meets all other applicable codes, ordinances, and laws.

(2) Upon the filing of a request for a building permit on a parcel located within a corridor, the officer responsible for issuance of building permits or, if a building permit is required only by virtue of sections 39-1311 to 39-1311.05, the county clerk shall give the department notice of the filing of the request for a building permit. The officer responsible for issuance of building permits shall not issue a permit for a period of sixty days from the date of mailing notice of the filing of the request with the department unless the department waives in writing the time period. Within the sixty-day period, the department may if it wishes file with such officer a statement of intent to negotiate with the owner of the land involved. Upon the filing of such statement of intent, the department shall be allowed six months for negotiations with the landowner. At the end of such six-month period, if the landowner has not withdrawn his or her application for a permit, it shall be issued if it meets all other applicable codes, ordinances, and laws.

Source:Laws 1974, LB 805, § 4; Laws 2003, LB 187, § 10.    


39-1311.04. Corridor; building permit; subdivision plat; county clerk; issuance or approval; when.

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.

Source:Laws 1974, LB 805, § 5; Laws 2003, LB 187, § 11.    


39-1311.05. Sections; no condition precedent to acquisition of rights-of-way.

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.

Source:Laws 1974, LB 805, § 6.


39-1312. Repealed. Laws 1976, LB 724, § 11.

39-1313. State highways; abandonment; relinquishment; hearing.

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 accomplished in accordance with and subject to the provisions of sections 39-1314 and 39-1315. Prior to offering its advice to the Governor, the State Highway Commission shall extend an opportunity for a public hearing to the political or governmental subdivisions or public corporations wherein any portion of the state highway system is to be abandoned or relinquished.

Source:Laws 1955, c. 148, § 13, p. 423.


39-1314. State highways; relinquishment; abandonment; fragment or section; offer to political subdivision; procedure.

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 system is to be abandoned. The department shall offer to relinquish such fragment, section, or route by written notification to such political or governmental subdivisions or public corporations of the department's offer to relinquish. Such offer to relinquish may be conditional or subject to the reservation of any right which the department deems necessary. Four months after sending the notice of offer to relinquish, the department may proceed to abandon such fragment, section, or route on the state highway system unless a petition from a notified political or governmental subdivision or public corporation has been filed with the department, prior to abandonment, setting forth that the political or governmental subdivision or public corporation desires to maintain such fragment, section, route, or portion thereof. The department may reject any petition which does not accept the conditions or reservations specified in the department's offer to relinquish. Any petition which is accepted by the department, together with a written instrument describing the proposed relinquishment, shall be placed upon public record in the department. Such written instrument shall bear the department seal and shall be dated and subscribed by the Director-State Engineer and state upon what conditions, if any, the relinquishment shall be qualified. Such written instrument shall be certified by the department and be recorded in the office of the register of deeds of the county where the portion of the state highway system is being relinquished. No fee shall be charged for such recording. After such recording, the fragment, section, route, or portion relinquished will be the responsibility of such political or governmental subdivision or public corporation.

Source:Laws 1955, c. 148, § 14, p. 423.


39-1315. State highways; abandonment; written instrument; filing.

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 dated and subscribed by the Director-State Engineer and state upon what conditions, if any, the abandonment shall be qualified and particularly whether or not the title or right-of-way to any abandoned fragment or section shall be sold, revert to private ownership, or remain in the public. Such written instrument shall be certified by the department and be recorded in the office of the register of deeds of each county wherein any portion of the state highway system is being abandoned. No fee shall be charged for such recording. On such recording, the abandonment is complete.

Source:Laws 1955, c. 148, § 15, p. 424.


39-1315.01. State highways; removal from state highway system; conditions.

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 determination that traffic along such road or highway is insufficient to justify retention of it as part of the state highway system. The provisions of this section shall not be construed to apply to (1) the relocation of a road or highway pursuant to subsection (2) of section 39-1309, (2) temporary detours or detours designated pursuant to section 39-1309.01, or (3) roads which are removed from the state highway system and added to a county road system or municipal street system pursuant to a contract or agreement between the department and the affected county or municipality. Such a contract or agreement shall not be canceled or amended unless agreed to by all parties to such contract or agreement.

Source:Laws 1969, c. 307, § 1, p. 1098; Laws 1981, LB 285, § 6; Laws 1993, LB 62, § 1.


39-1316. State highway system; establishment, construction, maintenance; plans and specifications.

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. Such plans and specifications should conform, as closely as practicable, to those adopted by the American Association of State Highway Officials.

Source:Laws 1955, c. 148, § 16, p. 424.


39-1317. State highways; surveys and research.

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 other public roads in the state, except any toll facilities. The department also shall have the authority to collect, analyze, and interpret all relevant data concerning the use, construction, improvement, and maintenance of roads, the practices and methods of road organization and development, and such other information, data, and statistics as are deemed necessary. The department may cooperate with the bureau of public roads, federal agencies, research organizations, or political or governmental subdivisions or public corporations of this state and may enter into agreements with other states to carry on research and test projects pertaining to road purposes.

Source:Laws 1955, c. 148, § 17, p. 424.


39-1318. Inspection and testing of materials.

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.

Source:Laws 1955, c. 148, § 18, p. 425.


39-1319. Testing laboratory; purpose.

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.

Source:Laws 1955, c. 148, § 19, p. 425.


39-1320. State highway purposes; acquisition of property; eminent domain; purposes enumerated.

(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, exchange, condemnation, or otherwise. Such lands or real property may be acquired in fee simple or in any lesser estate. It is the intention of the Legislature that all property leased or purchased from the owner shall receive a fair price.

(2) State highway purposes, as referred to in subsection (1) of this section or otherwise in sections 39-1301 to 39-1362 and 39-1393, shall include provision for, but shall not be limited to, the following:

(a) The construction, reconstruction, relocation, improvement, and maintenance of the state highway system. The right-of-way for such highways shall be of such width as is deemed necessary by the department;

(b) Adequate drainage in connection with any highway, cuts, fills, or channel changes and the maintenance thereof;

(c) Controlled-access facilities, including air, light, view, and frontage and service roads to highways;

(d) Weighing stations, shops, storage buildings and yards, and road maintenance or construction sites;

(e) Road material sites, sites for the manufacture of road materials, and access roads to such sites;

(f) The preservation of objects of attraction or scenic value adjacent to, along, or in close proximity to highways and the culture of trees and flora which may increase the scenic beauty of such highways;

(g) Roadside areas or parks adjacent to or near any highway;

(h) The exchange of property for other property to be used for rights-of-way or other purposes set forth in subsection (1) or (2) of this section if the interests of the state will be served and acquisition costs thereby reduced;

(i) The maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public;

(j) The construction and maintenance of stock trails and cattle passes;

(k) The erection and maintenance of marking and warning signs and traffic signals;

(l) The construction and maintenance of sidewalks and highway illumination;

(m) The control of outdoor advertising which is visible from the nearest edge of the right-of-way of the Highway Beautification Control System as defined in section 39-201.01 to comply with the provisions of 23 U.S.C. 131, as amended;

(n) The relocation of or giving assistance in the relocation of individuals, families, businesses, or farm operations occupying premises acquired for state highway or federal-aid road purposes; and

(o) The establishment and maintenance of wetlands to replace or to mitigate damage to wetlands affected by highway construction, reconstruction, or maintenance. The replacement lands shall be capable of being used to create wetlands comparable to the wetlands area affected. The area of the replacement lands may exceed the wetlands area affected. Lands may be acquired to establish a large or composite wetlands area, sometimes called a wetlands bank, not larger than an area which is one hundred fifty percent of the lands reasonably expected to be necessary for the mitigation of future impact on wetlands brought about by highway construction, reconstruction, or maintenance during the six-year plan as required by sections 39-2115 to 39-2117, an annual plan under section 39-2119, or an annual metropolitan transportation improvement program under section 39-2119.01 in effect upon acquisition of the lands. For purposes of this section, wetlands shall have the definition found in 33 C.F.R. 328.3(c).

(3) The procedure to condemn property authorized by subsection (1) of this section or elsewhere in sections 39-1301 to 39-1362 and 39-1393 shall be exercised in the manner set forth in sections 76-704 to 76-724 or as provided by section 39-1323, as the case may be.

Source:Laws 1955, c. 148, § 20, p. 425; Laws 1961, c. 195, § 1, p. 594; Laws 1969, c. 329, § 2, p. 1178; Laws 1972, LB 1181, § 3; Laws 1975, LB 213, § 5; Laws 1992, LB 899, § 1; Laws 1992, LB 1241, § 3; Laws 1993, LB 15, § 7; Laws 1995, LB 264, § 23; Laws 2007, LB277, § 1;    Laws 2016, LB1038, § 10;    Laws 2017, LB271, § 7;    Laws 2017, LB339, § 125.    

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB271, section 7, with LB339, section 125, to reflect all amendments.

Note: Changes made by LB339 became operative July 1, 2017. Changes made by LB271 became effective August 24, 2017.


Cross References

Annotations

39-1320.01. Transferred to section 39-212.

39-1320.02. Transferred to section 39-213.

39-1320.03. Transferred to section 39-214.

39-1320.04. Repealed. Laws 1963, c. 224, § 4.

39-1320.05. Repealed. Laws 1963, c. 224, § 4.

39-1320.06. Transferred to section 39-215.

39-1320.07. Transferred to section 39-216.

39-1320.08. Transferred to section 39-219.

39-1320.09. Transferred to section 39-220.

39-1320.10. Transferred to section 39-221.

39-1320.11. Transferred to section 39-222.

39-1320.12. Transferred to section 39-223.

39-1320.13. Transferred to section 39-224.

39-1320.14. Transferred to section 39-225.

39-1320.15. Transferred to section 39-226.

39-1321. State highway purposes; acquisition of additional property; purpose; method; acquisition of landlocked property.

In connection with the acquisition of lands, property or interests therein for state highway purposes, the department may, in its discretion, acquire, by any lawful means except through the exercise of eminent domain, an entire lot, block, or tract of land or property if, by so doing, the interests of the public will be best served, even though said entire lot, block, or tract is not immediately needed for state highway purposes. Without limiting the same hereby, this may be done where uneconomic remnants of land would be left the original owner or where severance or consequential damages to a remainder make the acquisition of the entire parcel more economical to the state; Provided, that when any such property or land is left without access to a road, and the cost of acquisition of such landlocked property or land through the exercise of eminent domain would be more economical to the state than the cost of providing a means of reasonable ingress to or egress from the property or land, the state may, in its discretion, acquire such landlocked property or land thereof by eminent domain.

Source:Laws 1955, c. 148, § 21, p. 427; Laws 1961, c. 181, § 6, p. 538.


39-1321.01. Repealed. Laws 1971, LB 190, § 13.

39-1321.02. Repealed. Laws 1971, LB 190, § 13.

39-1321.03. Repealed. Laws 1971, LB 190, § 13.

39-1321.04. Repealed. Laws 1971, LB 190, § 13.

39-1321.05. Repealed. Laws 1971, LB 190, § 13.

39-1321.06. Repealed. Laws 1971, LB 190, § 13.

39-1321.07. Repealed. Laws 1971, LB 190, § 13.

39-1321.08. Repealed. Laws 1971, LB 190, § 13.

39-1321.09. Repealed. Laws 1971, LB 190, § 13.

39-1321.10. Repealed. Laws 1971, LB 190, § 13.

39-1322. Acquisition of additional property; buildings; exchange or replacement of property.

The department may acquire additional real property by gift, agreement, purchase, exchange, or condemnation if such additional real property is needed for the purpose of moving and establishing thereon buildings, structures, or other appurtenances which are situated on real property required by the department for highway purposes. When found to be in the public interest, the department is authorized to provide replacement real property, either lands or facilities, or both, for property in public ownership acquired as a result of a highway or highway-related project which will provide equivalent utility, for that acquired for the project. The department shall have authority to make agreements for the exchange of property, to make allowances for differences in the value of the properties being exchanged, and to move or pay the cost of moving buildings, structures, or other appurtenances.

Source:Laws 1955, c. 148, § 22, p. 427; Laws 1979, LB 568, § 1.


39-1323. Lands of state; acquisition; purpose; consent of Governor required; procedure.

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. The acquisition may be of educational land or any lands owned, occupied, or controlled by any state institution, board, agency, or commission. Prior to taking any land for any of the above purposes, a certificate that the taking of such land is in the public interest, must be obtained from the Governor and from the department and be filed in the office of the Department of Administrative Services. Written notice of the intent to acquire land of any state institution, board, agency, or commission shall be given to such institution, board, agency, or commission, ten days before the filing of the certificate with the department. Whenever the land taken is educational land which is under the control of any separate agency or board of the State of Nebraska, the damages assessed in the condemnation shall be paid to the Board of Educational Lands and Funds and the agency or board shall then have a claim against the State of Nebraska for the amount so paid.

Source:Laws 1955, c. 148, § 23, p. 427; Laws 1969, c. 317, § 9, p. 1149.


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.

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 area or land was acquired for highway purposes. The Director-State Engineer, for the Nebraska Department of Transportation, and in the name of the State of Nebraska, may execute all leases, permits, and other instruments necessary to accomplish the foregoing. Such instruments may contain any conditions, covenants, exceptions, and reservations which the department deems to be in the public interest, including, but not limited to, the provision that upon notice that such property is needed for highway purposes the use and occupancy thereof shall cease. If so leased, rented, or permitted to be used by a municipality, the property may be used for such governmental or proprietary purpose as the governing body of the municipality shall determine, and such governing body may let the property to bid by private operators for proprietary uses. All money received as rent shall be deposited in the state treasury and by the State Treasurer placed in the Highway Cash Fund, subject to reimbursement, if requested, to the United States Department of Transportation for its proportionate financial contribution.

Source:Laws 1961, c. 354, § 1, p. 1114; Laws 1965, c. 222, § 1, p. 644; Laws 1969, c. 331, § 1, p. 1186; Laws 1969, c. 584, § 41, p. 2368; Laws 1986, LB 599, § 5; Laws 2017, LB339, § 126.    
Operative Date: July 1, 2017


39-1324. Surveys; authority to enter land; damages.

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, and road building materials, or (3) performing other operations incident to highway construction, reconstruction, or maintenance. Entry upon any property, pursuant to this section, shall not be considered to be a legal trespass and no damages shall be recoverable on that account alone. In case of any actual or demonstrable damages to the premises, the department shall pay the owner of the premises the amount of the damages. Upon the failure of the landowner and the department to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705.

Source:Laws 1955, c. 148, § 24, p. 428.


Annotations

39-1325. Real property; power of department to sell and convey excess.

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 shall be in such manner as will best serve the interests of the state and will most adequately conserve highway funds.

Source:Laws 1955, c. 148, § 25, p. 428.


39-1326. Real property; sale, deed; bill of sale; execution; conditions; disposition of proceeds.

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 sale, and other instruments shall have affixed thereto the seal of the department. The deeds, bills of sale, and other instruments may contain any conditions, covenants, exceptions, and reservations which the department deems are in the public interest or may convey title in fee simple absolute. All money received from the sale of such property shall be deposited in the state treasury and credited to the Highway Cash Fund.

Source:Laws 1955, c. 148, § 26, p. 429; Laws 1986, LB 599, § 6.


39-1327. State highways; access rights; acquisition; damages.

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, construct, maintain, improve, alter, and vacate such facilities, and (3) may regulate, restrict, or prohibit access to such facilities so as to best serve the traffic for which such facilities are intended. The department may provide for the elimination of intersections at grade with existing roads, streets, or highways, if the public interest shall be served thereby, and no road, street, or highway shall be opened into or connected with such facilities without the consent of the department. An existing road, street, or highway may be included within such facilities or such facilities may include new or additional roads, streets, or highways. In order to carry out the purposes of this section, the department may acquire, in public or private property, such rights of access as are deemed necessary, including but not necessarily limited to air, light, view, egress, and ingress. Such acquisitions may be by gift, devise, purchase, agreement, adverse possession, prescription, condemnation, or otherwise and may be in fee simple absolute or in any lesser estate or interest. The department may make provision to mitigate damages caused by such acquisitions, terms, and conditions regarding the abandonment or reverter of such acquisitions, and any other provisions or conditions that are desirable for the needs of the department and the general welfare of the public.

Source:Laws 1955, c. 148, § 27, p. 429.


Annotations

39-1328. State highways; frontage roads; abutting owners, egress and ingress.

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 authorized over controlled-access facilities. Such frontage roads may be connected to or separated from the controlled-access facilities at such places as the department shall determine to be consistent with public safety. Upon the construction of any frontage road, any right of access between the controlled-access facility and property abutting or adjacent to such frontage road shall terminate and ingress and egress shall be provided to the frontage road at such places as will afford reasonable and safe connections.

Source:Laws 1955, c. 148, § 28, p. 430.


Annotations

39-1328.01. State highways; frontage roads; request by municipality, county, or property owners; right-of-way acquired by purchase or lease; department; maintenance.

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 Census, is relocated and is made a controlled-access facility, and the department is or is not providing any frontage road as authorized by section 39-1328, near an intersection with a roadway connecting with such municipality, the department shall, when consistent with requirements of traffic safety, and when the cost of drainage structures does not exceed five thousand dollars, and upon the conditions hereinafter set out construct such frontage roads if requested to do so by such municipality, by the county, or by the owners of sixty percent of the property abutting on such relocated highway if such request is made prior to the purchase, lease, or lease with option to purchase of right-of-way by the department. The quadrant of such intersection in which the frontage road or roads shall be located shall be designated by the governing board of such municipality. The department shall at the request of the county or municipality procure the right-of-way for such frontage road by lease or lease-option to buy or in the same manner as though it were for state highway purposes after receiving from the county or municipality reasonable assurance of reimbursement for such right-of-way costs. The responsibility for the maintenance of such frontage road shall be as provided in section 39-1372.

Source:Laws 1965, c. 211, § 1, p. 619; Laws 2017, LB113, § 40;    Laws 2017, LB339, § 127.    

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB339, section 127, with LB113, section 40, to reflect all amendments.

Note: Changes made by LB339 became operative July 1, 2017. Changes made by LB113 became effective August 24, 2017.


39-1328.02. State highways; frontage roads; request by municipality, county, or property owners; consent of federal government, when; right-of-way; reimbursement; maintenance.

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 section 39-1328, near an intersection with a roadway connecting with such municipality, the department shall, when consistent with requirements of traffic safety, and when the cost of drainage structures does not exceed five thousand dollars, and upon the conditions hereinafter set out construct such frontage roads if requested to do so by such municipality, the county, or by the owners of sixty percent of the property abutting on such relocated highway within two years after November 18, 1965, or within two years after the highway is made a controlled-access facility. If agreements exist with the federal government requiring its consent to the relinquishment of control of access, the department shall make a bona fide effort to secure such consent, but upon failure to obtain such consent, the frontage road shall not be constructed, or, if conditions are imposed by the federal government, the department shall construct such frontage roads only in accordance with such conditions. The municipality, county, or owners requesting such frontage road shall reimburse the department for any damages which it paid for such control of access and also for payment to the federal government of such sum, if any, demanded by it for the relinquishment of the access control. The quadrant of such intersection in which the frontage road may be located shall be designated by the governing board of such municipality. The department shall at the request of the county or municipality procure the right-of-way for such frontage road in the same manner as though it were for state highway purposes after receiving from the county or municipality reasonable assurance of reimbursement for such right-of-way costs. The responsibility for the maintenance of such frontage road shall be as provided in section 39-1372.

Source:Laws 1965, c. 211, § 2, p. 620; Laws 2017, LB339, § 128.    
Operative Date: July 1, 2017


39-1329. State highways; egress and ingress, when required; department; prescribe access.

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 lands or lots. If the construction or reconstruction of any highway, to be paid for in whole or in part with federal or state highway funds, results in the abutment of property on such highway that did not theretofore have direct egress and ingress to it, no rights of direct access shall accrue because of such abutment, but the department may prescribe and define the location of the privilege of access, if any, of properties that then, but not theretofore, abut on such highway.

Source:Laws 1955, c. 148, § 29, p. 430.


Annotations

39-1330. State highways; acquisition of property for right-of-way; department powers; reasonable access required.

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 may prescribe and define in purchase agreements or condemnation proceedings the location, width, nature, and extent of any right of access that may be permitted between such improved highway and the properties from which such right-of-way or additional right-of-way is acquired, but such prescription and definition shall in no case leave such private properties without a reasonable means of egress and ingress to a road.

Source:Laws 1955, c. 148, § 30, p. 430.


Annotations

39-1331. State highways; farm land; severed tracts; access.

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 crossing the highway from one tract to the other, or compensation for the severance of the tract shall be paid; Provided, that should the tracts at any time cease to be held under one ownership, the right to such road crossing shall automatically terminate. No connecting road crossing shall be used for or in connection with the conduct of any roadside business or enterprise, but shall be available and used solely for passage from one of the severed tracts to the other.

Source:Laws 1955, c. 148, § 31, p. 431.


39-1332. State highways; construction and maintenance of access road; written permit required, when.

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; Provided, the owner or occupier of property shall not be required to obtain a permit to use or permit to be used in its existing condition any such private entrance or exit, approach road, facility, thing, or appurtenance existing on September 18, 1955, unless the department determines that the safety and general welfare of the public will be better served by such owner or occupier being required to apply for a permit and the department gives written notice to such owner or occupier that application for a permit must be filed with the department within thirty days from receipt of such notice.

Source:Laws 1955, c. 148, § 32, p. 431.


Annotations

39-1333. State highways; access; department; adopt rules and regulations; issue permits.

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 include, but need not be limited to, provisions for construction of culverts, requirements as to depth of fills, and requirements for drainage facilities deemed necessary. Such a permit so issued may contain such terms and conditions as, in the judgment of the granting authority, may be in the best interest of the public. All construction under such permits shall be under the supervision of the granting authority and at the expense of the applicant. After completion of the construction of the particular private entrance or exit, approach road, facility, thing, or appurtenance, the same shall be maintained at the expense of the applicant and in accordance with the rules and regulations of the department. Nothing herein contained shall be determined or construed to grant any right for or authorize the construction of a private entrance or exit or approach road upon or connected to any facility, thing, or appurtenance on the right-of-way of any highway or section of highway for which the department has by gift, agreement, or eminent domain acquired the rights of access on a portion thereof.

Source:Laws 1955, c. 148, § 33, p. 432.


Annotations

39-1334. State highways; access; permit; violation; actions.

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 carry out the provisions of sections 39-1327 to 39-1336. In addition to any other available remedies, the Director-State Engineer may secure an injunction or mandamus (1) to prevent any owner or occupier of property from constructing, using, or permitting to be used a private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without a written permit from the department when a permit is required, (2) to enforce compliance with the conditions of a permit issued by the department to a person for such construction, use, or right to permit such use, and (3) to enforce compliance with the rules and regulations regarding such construction and uses prescribed by the department.

Source:Laws 1955, c. 148, § 34, p. 432.


39-1335. State highways; access; use of adjoining property; permit; rules and regulations; violation; penalty.

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 required, or who shall construct, use, or permit to be used a private entrance or exit, approach road, facility, advertising, advertising signs, displays, or other advertising devices, thing, or appurtenance upon or connected to any highway right-of-way without complying with the rules and regulations prescribed by the department or with the conditions of a permit issued by the department to such person, shall be guilty of a Class III misdemeanor. Each and every day that such violation continues after the department issues written notification to the violator may constitute a separate offense.

Source:Laws 1955, c. 148, § 35, p. 433; Laws 1961, c. 195, § 5, p. 597; Laws 1977, LB 40, § 212.


39-1336. Department; political subdivision; access highways; construction, maintenance, location, vacation; agreement.

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, altering, relocating, regulating, or vacating of controlled-access roads except any toll facilities.

Source:Laws 1955, c. 148, § 36, p. 433.


Annotations

39-1337. State highway system; department; construction, maintenance, control; improvement; sufficiency rating.

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. The relative urgency of proposed improvements on the state highway system shall be determined by a sufficiency rating established by the department, insofar as the use of such a rating is deemed practicable. The sufficiency rating shall include, but not be limited to, the following factors: (1) Surface condition, (2) economic factors, (3) safety, and (4) service.

Source:Laws 1955, c. 148, § 37, p. 433; Laws 1961, c. 184, § 3, p. 565.


39-1338. State highways; drainage; construct, maintain, improve facilities; damages.

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 the highway right-of-way limits wherever it is deemed necessary in order to protect the highways and drainage facilities from damage. The department shall have the authority to enter upon private or public property for the above purposes. In case of any damage to the premises, the department shall pay the owner of the premises the amount of the damages. Upon the failure of the landowner and the department to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705.

Source:Laws 1955, c. 148, § 38, p. 434.


39-1339. State highway system; connecting links, defined; duty of department.

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 of the traveled way of connecting links, not including the parking lanes thereon, in cities of the metropolitan, primary, and first classes; Provided, such connecting links were constructed under the authority of the department and construction costs were paid in whole or in part with county, state or federal-aid funds. The department shall not be responsible for the maintenance of any connecting link or portion thereof which was not built in whole or in part with county, state or federal-aid funds;

(2) The department shall be liable for all of the surface maintenance of the traveled way of connecting links, including parking lanes thereon, in cities of the second class and villages; Provided, such connecting links were constructed under the authority of the department and construction costs were paid in whole or in part with county, state or federal-aid funds. The department shall not be responsible for the maintenance of any connecting link or portion thereof which was not built with county, state or federal-aid funds;

(3) The responsibility of the department for the maintenance of the connecting links, described in subdivisions (1) and (2) of this section, shall be limited to such things as are caused either by wear and tear of travel on such connecting links or by acts of God. Maintenance shall not be construed to include (a) snow removal, (b) maintenance caused by constructing, placing, replacing, repairing, or servicing water mains, sewers, gas lines, pipes, utility equipment, or other similar things placed beneath, across, or upon the surface of any portion of a connecting link, or (c) repairs or reconstruction going beyond the scope of normal surface maintenance or wear and tear of travel;

(4) The maintenance of structures, on the connecting links described in subdivisions (1) and (2) of this section, shall not be limited to the traveled way but shall include the entire structure; Provided, the department shall have no responsibility for the maintenance of appurtenances to such connecting links and the structures thereon, except by special agreement with the city or village in which the connecting link is situated. Appurtenances shall include, but are not limited to, sidewalks, storm sewers, guardrails, handrails, steps, curb or grate inlets, driveways, fire plugs, or retaining walls;

(5) The department shall maintain and keep in repair all public bridges and the approaches thereto when located in cities of the first class and on connecting links which were constructed under the authority of the department and construction costs were paid in whole or in part with state or federal funds;

(6) Nothing contained in this section shall be construed to prevent the department from entering into special agreements with cities or villages regarding the reconstruction and maintenance of connecting links in such cities and villages; and

(7) As used in this section, unless the context otherwise requires, connecting link shall mean a street now designated as a state highway.

Source:Laws 1955, c. 148, § 39, p. 434; Laws 1961, c. 181, § 7, p. 539; Laws 1961, c. 184, § 35, p. 565; Laws 1967, c. 239, § 1, p. 637.


39-1340. State highways; additional width or capacity; political subdivisions; agreement.

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 highway traffic, upon any highway or connecting link within its boundaries and may appropriate from any funds available and pay into the Highway Cash Fund such sum or sums of money as may be agreed upon. Nothing contained in this section shall prevent any such governing body from constructing such highway, structure, or appurtenance of greater width or capacity independent of any contract with the department if such construction shall conform to such reasonable standards and regulations as the department may prescribe.

Source:Laws 1955, c. 148, § 40, p. 436; Laws 1986, LB 599, § 7.


39-1341. State highways; additional width; political subdivisions; agreement; payment.

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 with such agreement, shall appropriate and pay into the Highway Cash Fund such sums of money as may be agreed upon. Nothing contained in this section shall be construed to prevent any political or governmental subdivision or public corporation from maintaining such additional width at its own expense.

Source:Laws 1955, c. 148, § 41, p. 436; Laws 1986, LB 599, § 8.


39-1342. State highways; construction and maintenance of illumination; sidewalks; safety devices.

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 highway system which the department deems necessary for safety and public welfare. Appurtenances shall include, but are not limited to, sidewalks, storm sewers, guardrails, handrails, steps, curb or grate inlets, driveways, fire plugs, and retaining walls.

Source:Laws 1955, c. 148, § 42, p. 437.


39-1343. State highway system; department; emergencies; powers.

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 repairs, provide necessary equipment or services, or may contract for such repairs, equipment, or services without calling for competitive bids.

Source:Laws 1955, c. 148, § 43, p. 437.


39-1344. State highways; removal of snow and ice; powers and duties.

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 snow fences wherever it is deemed necessary in order to prevent snow drifting upon the traveled way of the highway. Such snow fences shall be erected in such a manner as to provide the most protection to the highway and shall not be placed on such property prior to October 15, nor remain on such property after April 1, without the consent of the property owner. In case of any damage to such property, the department shall pay the amount of such damage to the owner of the property.

Source:Laws 1955, c. 148, § 44, p. 437.


39-1345. State highways; temporarily close; powers and duties.

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, or other enclosures and shall post signs warning the public that the highway is closed by authority of law. Such barricades, fences, enclosures, and signs shall serve as notice to the public that such highway is unsafe and that anyone entering such closed highway, without the permission or consent of the department, does so at his own peril. The department, if it deems it advisable, may permit the public use of a highway undergoing construction, repair, or maintenance in lieu of a detour route and is authorized to regulate, limit, or control traffic thereon.

Source:Laws 1955, c. 148, § 45, p. 437.


39-1345.01. State highways; public use while under construction, repair, or maintenance; contractor; liability.

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 department has permitted public use, when such damages are the result of no proximate act or failure to act on the part of the contractor.

Source:Laws 1969, c. 310, § 1, p. 1114; Laws 2001, LB 489, § 11;    Laws 2017, LB339, § 129.    
Operative Date: July 1, 2017


Annotations

39-1345.02. State highways; construction; contractor; liability.

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.

Source:Laws 1969, c. 310, § 2, p. 1115.


Annotations

39-1346. State highway system; detours; temporary route part of system.

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 portion of the state highway system as laid out, the department may route travel over a detour around such portion of the state highway system. Such detour shall temporarily be considered part of the state highway system. The department may create a new temporary road or may use an existing road, highway, or street for a detour.

Source:Laws 1955, c. 148, § 46, p. 438; Laws 1989, LB 21, § 2.


39-1347. County roads; city and village streets; authority to use for detour; duties of department.

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 become effective only after due written notice is given to the governing body having primary authority for such road or street. The responsibility of the department shall cease only upon written notice being duly given to such authorities. At the time of the termination of the use of such road or street as a state highway, the same shall be returned to the responsibility of the primary authority in as good condition as it was at the time of said temporary taking for use as a state highway by the department.

Source:Laws 1955, c. 148, § 47, p. 438.


39-1348. Construction; plans and specifications; advertisement for bids; failure of publication; effect; powers of department.

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:

(1) For contracts with an estimated cost, as determined by the department, of greater than one hundred thousand dollars, the department shall advertise for sealed bids for not less than twenty days by publication of a notice thereof once a week for three consecutive weeks in the official county newspaper designated by the county board in the county where the work is to be done and in such additional newspaper or newspapers as may appear necessary to the department in order to give notice of the receiving of bids. Such advertisement shall state the place where the plans and specifications for the work may be inspected and shall designate the time when the bids shall be filed and opened. If through no fault of the department publication of such notice fails to appear in any newspaper or newspapers in the manner provided in this subdivision, the department shall be deemed to have fulfilled the requirements of this subdivision; and

(2) For contracts with an estimated cost, as determined by the department, of one hundred thousand dollars or less, the department, in its sole discretion, shall either:

(a) Follow the procedures given in subdivision (1) of this section; or

(b) Request bids from at least three potential bidders for such work. If the department requests bids under this subdivision, it shall designate a time when the bids shall be opened. The department may award a contract pursuant to this subdivision if it receives at least one responsive bid.

Source:Laws 1955, c. 148, § 48, p. 439; Laws 1961, c. 181, § 8, p. 541; Laws 2015, LB312, § 1;    Laws 2016, LB960, § 25.    


39-1349. Construction contracts; letting; procedure; interest on retained payments; predetermined minimum wages; powers of department.

(1) Except as provided in subsections (3) and (4) 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 bidder. Bidders on such contracts must be prequalified to bid by the department except as provided in subsection (2) of section 39-1351. The department may reject any or all bids and cause the work to be done as may be directed by the department. If the contractor has furnished the department all required records and reports, the department shall pay to the contractor interest at a rate three percentage points above the average annual Federal Reserve composite prime lending rate for the previous calendar year rounded to the nearest one-tenth of one percent on the amount retained and on the final payment due the contractor beginning sixty days after the work under the contract has been completed as evidenced by the completion date established in the department's letter of tentative acceptance or, when tentative acceptance has not been issued, beginning sixty days after completion of the work and running until the date when payment is tendered to the contractor.

(2) When the department is required by acts of Congress and rules and regulations made by an agent of the United States in pursuance of such acts to predetermine minimum wages to be paid laborers and mechanics employed on highway construction, the Director-State Engineer shall cause minimum rates of wages for such laborers and mechanics to be predetermined and set forth in contracts for such construction. The minimum rates shall be the scale of wages which the Director-State Engineer finds are paid and maintained by at least fifty percent of the contractors in performing highway work contracted with the department unless the Director-State Engineer further finds that such scale of wages so determined would unnecessarily increase the cost of such highway work to the state, in which event he or she shall reduce such determination to such scale of wages as he or she finds is required to avoid such unnecessary increase in the cost of such highway work.

(3) The department, in its sole discretion, may permit a city or county to let state or federally funded contracts for the construction, reconstruction, improvement, maintenance, or repair of state highways, bridges, and their appurtenances located within the jurisdictional boundaries of such city or county, to the lowest responsible bidder when the work to be let is primarily local in nature and the department determines that it is in the public interest that the contract be let by the city or the county. Bidders on such contracts must be prequalified to bid by the department except as provided in subsection (2) of section 39-1351.

(4) The department, in its sole discretion, may permit a federal agency to let contracts for the construction, reconstruction, improvement, maintenance, or repair of state highways, bridges, and their appurtenances and may permit such federal agency to perform any and all other aspects of the project to which such contract relates, including, but not limited to, preliminary engineering, environmental clearance, final design, and construction engineering, when the department determines that it is in the public interest to do so. Bidders on such contracts must be prequalified to bid by the department except as provided in subsection (2) of section 39-1351.

Source:Laws 1955, c. 148, § 49, p. 439; Laws 1959, c. 177, § 1, p. 648; Laws 1961, c. 197, § 1, p. 599; Laws 1967, c. 240, § 1, p. 640; Laws 1969, c. 332, § 1, p. 1188; Laws 1980, LB 279, § 3; Laws 1993, LB 539, § 1; Laws 2002, LB 491, § 1;    Laws 2015, LB312, § 2.    


39-1350. Bids; contracts; department powers; department authorized to act for political subdivision.

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 their appurtenances. The department, while so acting, may take such bids and let such contracts at the offices of the department in Lincoln, Nebraska, or at such other location as designated by the department if the department has the written consent of the political or governmental subdivision or public corporation where the work is to be done.

Source:Laws 1955, c. 148, § 50, p. 439; Laws 1969, c. 333, § 1, p. 1189; Laws 2015, LB312, § 3;    Laws 2017, LB339, § 130.    
Operative Date: July 1, 2017


39-1351. Construction contracts; bidders; qualifications; evaluation by department; powers of department.

(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 department proposes to let, shall apply to the department for prequalification not later than ten days before the letting of the contract. The department shall determine the extent of any applicant's qualifications by a full and appropriate evaluation of the applicant's experience, equipment, financial resources, and performance record. In determining the qualification of persons to bid on any particular contract, the department shall consider the equipment and resources available for the particular contract contemplated.

(2) The department may, in its sole discretion, grant an exemption from all prequalification requirements for (a) any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances if the estimate of the department for such work is one hundred thousand dollars or less or (b) any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances if such work is of an emergency nature.

Source:Laws 1955, c. 148, § 51, p. 439; Laws 1973, LB 491, § 6; Laws 2015, LB312, § 4.    


39-1352. Construction contracts; bidders; statement of qualifications; financial showing; certification by public accountant.

(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 such times as it may require, a statement showing such person's qualifications. Such statement shall be under oath and on a standard form to be prepared and supplied by the department. The financial showing required in the statement shall be certified by a certified public accountant or by a public accountant holding a currently valid permit from the Nebraska State Board of Public Accountancy. The statement shall be confidential and only for the use of the department.

(2) Subsection (1) of this section shall not apply to any contract granted an exemption from prequalification requirements pursuant to subsection (2) of section 39-1351.

Source:Laws 1955, c. 148, § 52, p. 440; Laws 1961, c. 198, § 1, p. 601; Laws 2015, LB312, § 5.    


39-1353. Construction contracts; proposal forms; issuance to certain bidders.

(1) Proposal forms for submitting bids on any contract for the construction, reconstruction, improvement, maintenance, or repair of roads, bridges, and their appurtenances to be let by the department shall be issued by the department at the offices of the department in Lincoln, Nebraska, or at such other location as designated by the department not later than 5 p.m. of the day before the letting of the contract.

(2) Such proposal forms shall be issued only to those persons previously qualified by the department and bids shall be accepted only from such qualified persons. This subsection shall not apply to any contract granted an exemption from prequalification requirements pursuant to subsection (2) of section 39-1351.

Source:Laws 1955, c. 148, § 53, p. 440; Laws 1969, c. 333, § 2, p. 1189; Laws 1995, LB 447, § 1; Laws 2015, LB312, § 6;    Laws 2017, LB339, § 131.    
Operative Date: July 1, 2017


39-1354. Construction contracts; plans; reproduction; how obtained.

The department, in its discretion, may provide 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 desiring such reproductions. Such person shall pay to the department a reasonable sum, to be fixed by the department in an amount estimated to cover the actual cost of preparing such a reproduction.

Source:Laws 1955, c. 148, § 54, p. 441.


39-1355. Equipment; office accommodations; storage buildings; department's authority and responsibility; limitations.

The department shall have authority to 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 and all tools and materials necessary to keep such machinery and equipment in repair. The department shall also have authority to lease, purchase, construct, or cause to be constructed, buildings for office accommodations, which are necessary in the administration of the duties of the department, and buildings for the storing and housing of materials, machinery, equipment, and supplies; Provided, that the department may not construct or cause to be constructed any building exceeding a cost of one hundred thousand dollars without the consent of the Legislature. The maintenance, protection, and control of the materials, machinery, equipment, supplies, tools, and buildings shall be under the authority and responsibility of the department.

Source:Laws 1955, c. 148, § 55, p. 441.


39-1356. Road materials; equipment; acquisition; manufacture; powers.

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 manufacture the materials into roadmaking products. The department may sell any surplus of materials or products to any political or governmental subdivision or public corporation of this state or to any contractor who will use such materials or products exclusively for building or maintaining roads, streets, alleys, or structures of a political or governmental subdivision or public corporation of this state. The funds received from the sale of the road materials or products shall be paid into the state treasury and credited to the Highway Cash Fund.

Source:Laws 1955, c. 148, § 56, p. 441; Laws 1986, LB 599, § 9.


39-1357. Construction or repair of highways; salvaged materials; transfer to political subdivisions.

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 of a highway if the salvaged materials are not presently needed by the department to carry on its work.

Source:Laws 1955, c. 148, § 57, p. 442.


39-1358. State highway system; funds; source; assistance by political subdivisions.

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 any part of a highway in such governmental or political subdivision or public corporation, and when such funds are used, bids shall be received and contracts awarded as provided in sections 39-1348 and 39-1349; Provided, that county road dragging funds shall not be used for this purpose.

Source:Laws 1955, c. 148, § 58, p. 442; Laws 1959, c. 167, § 3, p. 610.


39-1359. Rights-of-way; inviolate for state and department purposes; temporary use for special events; conditions; notice; Political Subdivisions Tort Claims Act; applicable.

(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 as otherwise provided in subsections (2) and (3) of this section.

(2) A temporary use of the state highway system, other than a freeway, by a county, city, or village, including full and partial lane closures, shall be allowed for special events, as designated by a county, city, or village, under the following conditions:

(a) The roadway is located within the official corporate limits or zoning jurisdiction of the county, city, or village;

(b) A county, city, or village making use of the state highway system for a special event shall have the legal duty to protect the highway property from any damage that may occur arising out of the special event and the state shall not have any such duty during the time the county, city, or village is in control of the property as specified in the notice provided pursuant to subsection (3) of this section;

(c) Any existing statutory or common law duty of the state to protect the public from damage, injury, or death shall become the duty of the county, city, or village making use of the state highway system for the special event, and the state shall not have such statutory or common law duty during the time the county, city, or village is in control of the property as specified in the notice provided pursuant to subsection (3) of this section; and

(d) The county, city, or village using the state highway system for a special event shall formally, by official governing body action, acknowledge that it accepts the duties set out in this subsection and, if a claim is made against the state, shall indemnify, defend, and hold harmless the state from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event.

(3) If a county, city, or village has met the requirements of subsection (2) of this section for holding a special event and has provided thirty days' advance written notice of the special event to the department, the county, city, or village may proceed with its temporary use of the state highway system. The notice shall specify the date and time the county, city, or village will assume control of the state highway property and relinquish control of such state highway property to the state.

(4) The Political Subdivisions Tort Claims Act shall apply to any claim arising during the time specified in a notice provided by a political subdivision pursuant to subsection (3) of this section.

Source:Laws 1955, c. 148, § 59, p. 442; Laws 2011, LB589, § 4.    


Cross References

Annotations

39-1359.01. Rights-of-way; mowing and harvesting of hay; permit; fee; department; powers and duties.

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 writing and shall sign a release acknowledging (1) that he or she will assume all risk and liability for hay quality and for any accidents and damages that may occur as a result of the work and (2) that the State of Nebraska assumes no liability for the hay quality or for work done by the permittee. The applicant shall show proof of liability insurance of at least one million dollars. The owner or the owner's assignee of land abutting the right-of-way shall have priority to receive a permit for such land under this section until July 30 of each year. Applicants who are not owners of abutting land shall be limited to a permit for five miles of right-of-way per year. The department shall allow mowing and hay harvesting on or after July 15 of each year. The department shall charge a permit fee in an amount calculated to defray the costs of administering this section. All fees received under this section shall be remitted to the State Treasurer for credit to the Highway Cash Fund. The department shall adopt and promulgate rules and regulations to carry out this section.

Source:Laws 2007, LB43, § 1;    Laws 2014, LB698, § 1;    Laws 2017, LB339, § 132.    
Operative Date: July 1, 2017


39-1360. Drainage facilities on highways; use; consent of department.

No person may use the drainage facilities of a highway for private purposes without first obtaining the written consent of the department.

Source:Laws 1955, c. 148, § 60, p. 442.


39-1361. Cross or dig up highway; permit by department; conditions.

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 to comply with such reasonable regulations as the department shall prescribe. Such regulations may include provisions relevant to an existing portion of the state highway system and also may contemplate future or contingent problems by providing protection to the department from expense or damage arising in the reconstruction or relocation of a portion of the state highway system when such expense or damage would not have existed but for the activity authorized by the permit. No person, firm, or corporation shall construct or install any new pole line, any underground conduit, or any buried cable or erect any new guy wires upon any portion of the state highway right-of-way without obtaining a written consent or permit from the department. The department shall grant such written consent or permits to do any of the things mentioned in this section if the installation of such thing does not interfere with, or cause unreasonable hazards to, the use of the right-of-way for highway purposes. The person, firm, or corporation to whom, or in whose behalf, the permit is given shall pay the cost of placing the highway in as good condition as it was prior to being dug up, crossed, or used and shall, upon the request of the department, furnish the state with a cash deposit or certified check upon a solvent bank, or a surety bond in a guaranty company qualified to do business in Nebraska. The deposit, check, or bond shall be in the amount required by the department and shall be furnished on condition that the sum be forfeited to the state in the event that the conditions of the permit or regulations of the department are breached. A written permit to do any of the things mentioned in this section shall not be required for emergency maintenance or emergency repair work on existing facilities, but in such cases oral consent shall be secured from the Director-State Engineer or his authorized representative as soon as the exigencies of the situation allow.

Source:Laws 1955, c. 148, § 61, p. 442.


39-1362. Cross or dig up highway; violations; penalty.

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 conduit, buried cable, or new guy wires, or for any other similar purpose without obtaining a written permit from the department or without complying with the regulations of the department shall be guilty of a Class III misdemeanor. Each and every day that such a violation continues, after the department issues written notification to the violator, may constitute a separate offense.

Source:Laws 1955, c. 148, § 62, p. 443; Laws 1977, LB 40, § 213.


39-1363. Preservation of historical, archeological, and paleontological remains; agreements; funds; payment.

To more effectually preserve the historical, archeological, 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, archeological, and paleontological remains to have these agencies remove and preserve such remains disturbed or to be disturbed by highway construction and to use highway funds, when appropriated, for this purpose. This authority specifically extends to highways which are part of the National System of Interstate and Defense Highways as defined in the Federal Aid Highway Act of 1956, Public Law 627, 84th Congress, and the use of state funds on a matching basis with federal funds therein.

Source:Laws 1959, c. 178, § 1, p. 649; Laws 2017, LB339, § 133.    
Operative Date: July 1, 2017


39-1364. Plans, specifications, and records of highway projects; available to public, when.

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, and permit an examination of the plans, specifications, and records concerning such project, except that any information received by the department as confidential by the laws of this state shall not be disclosed. Any person who willfully fails to comply with the provisions of this section shall be guilty of official misconduct. By the provisions of this section, the officials of the department will not be required to furnish information on the right-of-way of any proposed highway until such information can be made available to the general public.

Source:Laws 1959, c. 179, § 1, p. 650; Laws 2017, LB339, § 134.    
Operative Date: July 1, 2017


39-1365. State highway system; development; legislative findings.

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 Nebraska segments of the National System of Interstate and Defense Highways; (2) the accelerated completion of improvement projects on state highways with geometric and capacity deficiencies; (3) the resurfacing of highways to protect pavement integrity; (4) the accelerated completion of the expressway system, as such system was designated on January 1, 2016, prior to June 30, 2033; and (5) the general upgrading of the state highway system concerning driving surfaces and surfaced shoulders.

Source:Laws 1988, LB 632, § 23; Laws 2016, LB960, § 26.    


39-1365.01. State highway system; plans; department; duties; priorities.

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, on or before December 1 of each year, present such plans to the Legislature. The plans shall be referred to the appropriate standing committees of the Legislature for review. The department shall consider the preservation of the existing state highway system asset as its primary priority except as may otherwise be provided in state or federal law. In establishing secondary priorities, the department shall consider a variety of factors, including, but not limited to, current and projected traffic volume, safety requirements, economic development needs, current and projected demographic trends, and enhancement of the quality of life for all Nebraska citizens. The state highway system plan shall include the designation of those portions of the state highway system which shall be expressways.

Source:Laws 1988, LB 632, § 24; Laws 2010, LB821, § 1;    Laws 2017, LB339, § 135.    
Operative Date: July 1, 2017


39-1365.02. State highway system; federal funding; maximum use; department; report on system needs and planning procedures.

(1) The department shall apply for and make maximum use of available federal funding, including discretionary funding, on all highway construction projects which are eligible for such assistance.

(2) The department shall transmit electronically to the Legislature, by December 1 of each year, a report on the needs of the state highway system, the department's planning procedures, and the progress being made on the expressway system. Such report shall include:

(a) The criteria by which highway needs are determined;

(b) The standards established for each classification of highways;

(c) An assessment of current and projected needs of the state highway system, such needs to be defined by category of improvement required to bring each segment up to standards. Projected fund availability shall not be a consideration by which needs are determined;

(d) Criteria and data, including factors enumerated in section 39-1365.01, upon which decisions may be made on possible special priority highways for commercial growth;

(e) A review of the department's procedure for selection of projects for the annual construction program, the five-year planning program, and extended planning programs;

(f) A review of the progress being made toward completion of the expressway system, as such system was designated on January 1, 2016, and whether such work is on pace for completion prior to June 30, 2033;

(g) A review of the Transportation Infrastructure Bank Fund and the fund's component programs under sections 39-2803 to 39-2807. This review shall include a listing of projects funded and planned to be funded under each of the three component programs; and

(h) A review of the outcomes of the Economic Opportunity Program, including the growth in permanent jobs and related income and the net increase in overall business activity.

Source:Laws 1988, LB 632, § 25; Laws 2012, LB782, § 40;    Laws 2016, LB960, § 27;    Laws 2017, LB339, § 136.    
Operative Date: July 1, 2017


39-1366. Repealed. Laws 1973, LB 45, § 125.

39-1367. Freeways; declaration of legislative intent.

Recognizing that safe and efficient transportation on modern high-speed highways is a matter of important interest to all the people in the state, the Legislature determines and declares that effective maintenance, operation, and control of freeways is essential to the general welfare of the State of Nebraska and is therefor a matter of statewide concern.

The establishment of laws capable of meeting future requirements as well as present demands of safe and efficient transportation is recognized as an urgent problem and a proper objective of highway legislation.

It is the intent of the Legislature to consider of paramount importance the convenience and safety of the traveling public.

The Legislature hereby determines and declares that sections 39-1337, 39-1339, 39-1367, and 39-1372 are necessary for the preservation of the public health and safety, for promotion of the general welfare, and as a contribution to the national defense.

Source:Laws 1961, c. 184, § 1, p. 548; Laws 1993, LB 370, § 40.


39-1368. Repealed. Laws 1973, LB 45, § 125.

39-1369. Repealed. Laws 1973, LB 45, § 125.

39-1370. Repealed. Laws 1973, LB 45, § 125.

39-1371. Repealed. Laws 1973, LB 45, § 125.

39-1372. Freeways; maintenance of approach, exit, and frontage roads; lighting facilities.

(1) The department is charged with the maintenance of any freeway, including approach or exit roads thereto or part thereof whether or not such road is situated within or without the limits of any county, village, or city, including cities of the metropolitan and primary classes, except as hereinafter provided otherwise; Provided, that responsibility for maintenance of frontage roads shall automatically become the responsibility of the county or city in which they are located unless the department contracts to maintain them.

(2) The responsibility of the department for the maintenance of approach and exit roads shall end at the point where such roads terminate, merge, or intersect with city streets or county roads, except as hereinafter provided.

(3) The department is charged with the maintenance of the separation structure of any bridge situated overhead of a freeway except for ice treatment and removal of snow from such structures; Provided, that the department shall not be liable for the maintenance of the approaches to such separation structures or of anything outside the abutments to such separation structures.

(4) The department shall be responsible for construction of lighting facilities upon any part of the roadway of a freeway, including approach or exit roads thereto; Provided, that the maintenance and operation of such lighting facilities located within the limits of any city or village shall become the responsibility of such city or village.

(5) Nothing contained in this section shall be construed to prevent the department from entering into special agreements with cities or villages regarding the reconstruction and maintenance of freeways, including approach or exit roads thereto within the limits of such cities or villages.

Source:Laws 1961, c. 184, § 6, p. 552.


39-1373. Repealed. Laws 1973, LB 45, § 125.

39-1374. Repealed. Laws 1973, LB 45, § 125.

39-1375. Repealed. Laws 1973, LB 45, § 125.

39-1376. Repealed. Laws 1973, LB 45, § 125.

39-1377. Repealed. Laws 1973, LB 45, § 125.

39-1378. Repealed. Laws 1973, LB 45, § 125.

39-1379. Repealed. Laws 1973, LB 45, § 125.

39-1380. Repealed. Laws 1973, LB 45, § 125.

39-1381. Repealed. Laws 1973, LB 45, § 125.

39-1382. Repealed. Laws 1973, LB 45, § 125.

39-1383. Repealed. Laws 1973, LB 45, § 125.

39-1384. Repealed. Laws 1973, LB 45, § 125.

39-1385. Repealed. Laws 1973, LB 45, § 125.

39-1386. Repealed. Laws 1973, LB 45, § 125.

39-1387. Repealed. Laws 1973, LB 45, § 125.

39-1388. Repealed. Laws 1973, LB 45, § 125.

39-1389. Repealed. Laws 1973, LB 45, § 125.

39-1390. State Recreation Road Fund; created; use; preferences; maintenance; investment.

The State Recreation Road Fund is created. The money in the fund shall be transferred by the State Treasurer, on the first day of each month, to the department and shall be expended by the Director-State Engineer with the approval of the Governor for construction and maintenance of dustless-surface roads to be designated as state recreation roads as provided in this section, except that (1) transfers may be made from the fund to the State Park Cash Revolving Fund at the direction of the Legislature through July 31, 2016, and (2) if the balance in the State Recreation Road Fund exceeds fourteen million dollars on the first day of each month, the State Treasurer shall transfer the amount greater than fourteen million dollars to the Game and Parks State Park Improvement and Maintenance Fund. Except as to roads under contract as of March 15, 1972, those roads, excluding state highways, giving direct and immediate access to or located within state parks, state recreation areas, or other recreational or historical areas, shall be eligible for designation as state recreation roads. Such eligibility shall be determined by the Game and Parks Commission and certified to the Director-State Engineer, who shall, after receiving such certification, be authorized to commence construction on such recreation roads as funds are available. In addition, those roads, excluding state highways, giving direct and immediate access to a state veteran cemetery are state recreation roads. After construction of such roads they shall be shown on the map provided by section 39-1311. Preference in construction shall be based on existing or potential traffic use by other than local residents. Unless the State Highway Commission otherwise recommends, such roads upon completion of construction shall be incorporated into the state highway system. If such a road is not incorporated into the state highway system, the department and the county within which such road is located shall enter into a maintenance agreement establishing the responsibility for maintenance of the road, the maintenance standards to be met, and the responsibility for maintenance costs. Any money in the State Recreation Road Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1963, c. 348, § 2, p. 1119; Laws 1965, c. 225, § 1, p. 649; Laws 1965, c. 501, § 1, p. 1595; Laws 1969, c. 584, § 42, p. 2369; Laws 1972, LB 1131, § 1; Laws 1995, LB 7, § 36; Laws 2003, LB 408, § 1;    Laws 2009, First Spec. Sess., LB3, § 20;    Laws 2010, LB749, § 1;    Laws 2014, LB906, § 15;    Laws 2015, LB661, § 30;    Laws 2017, LB339, § 137.    
Operative Date: July 1, 2017


Cross References

39-1390.01. State Recreation Road Fund; road projects authorized.

Section 39-1390 shall not prevent the expenditure of funds from the State Recreation Road Fund on road projects (1)(a) that begin upon or terminate within state highway rights-of-way or (b) that are for intersections, interchanges, or connecting ramps located within state rights-of-way, designed to connect roads of the state highway system to recreation roads, and (2) that are to be constructed as part of a recreation road improvement project.

Source:Laws 1988, LB 814, § 1.


39-1391. Exterior access roads; interior service roads; plans; reviewed annually; report; contents.

The Game and Parks Commission shall develop and file with the Governor and the Legislature a one-year plan and a long-range five-year plan of proposed construction and improvements for all exterior access roads and interior service roads as provided in section 39-1390, based on priority of needs and calculated to contribute to the orderly development of an integrated system of roads with the facilities maintained or managed by the Game and Parks Commission. The first such plan shall be filed on or before January 1, 1974. The plans shall be reviewed and extended annually, on or before January 1 of each year, so that there shall always be a current one-year and five-year plan on file. The plans submitted to the Legislature shall be submitted electronically. All plans shall specify the criteria employed in setting the priorities and shall also identify any additional recreation road requirements which may exist but are not reflected in the one-year and five-year plans. The commission shall also, at the time it files such plans and extensions thereof, report the construction and improvements certified during each of the two immediately preceding calendar years.

Source:Laws 1973, LB 374, § 1; Laws 2012, LB782, § 41.    


39-1392. Exterior access roads; interior service roads; department; develop and file plans with Governor and Legislature; reviewed annually.

The department shall develop and file with the Governor and the Legislature a one-year and a long-range five-year plan of scheduled design, construction, and improvement for all exterior access roads and interior service roads as certified to it by the Game and Parks Commission. The first such plans shall be filed on or before January 1, 1974. The plans shall be reviewed and extended annually, on or before January 1 of each year, so that there shall always be a current one-year and five-year plan on file. The plans submitted to the Legislature shall be submitted electronically. The department shall also, at the time it files such plans and extensions thereof, report the design, construction, and improvement accomplished during each of the two immediately preceding calendar years.

Source:Laws 1973, LB 374, § 2; Laws 2012, LB782, § 42;    Laws 2017, LB339, § 138.    
Operative Date: July 1, 2017


39-1393. Vegetation control program; permits for cutting or trimming of vegetation; fee; applicant; duties.

(1) The department shall establish and administer a vegetation control program which may allow permits for the cutting or trimming of vegetation in the vicinity of advertising signs, displays, or devices placed pursuant to section 39-220. A permit issued under this section shall allow the cutting or trimming of vegetation under controlled conditions when such vegetation obstructs or obscures a lawfully placed advertising sign, display, or device. The department may establish criteria for what vegetation may be cut or trimmed. Each permit shall be valid for no more than thirty days and shall only be applicable for one sign, display, or device location.

(2) The department may charge a fee in an amount reasonably calculated to defray the cost of administering the vegetation control program and may adjust the fee periodically to ensure continued recovery of administrative costs, except that such fee shall not exceed fifty dollars. The applicant to whom the permit is issued shall furnish the department with a cash deposit or certified check upon a solvent bank or a surety bond in a guaranty company qualified to do business in Nebraska. The deposit, check, or bond shall be in an amount required by the department and shall be furnished on the condition that the sum be forfeited to the state in the event that the conditions of the permit or rules and regulations adopted and promulgated by the department are violated. The applicant for a permit shall sign a release acknowledging that he or she will assume all risk and liability for any accidents and damages that may occur as a result of the work done as the permitholder. The applicant shall provide proof of liability insurance of at least one million dollars. The permitholder shall be responsible for compensating the state for loss or damage to state property, including, but not limited to, intentional vegetation, and for restoring state property to its preexisting condition as determined in the sole discretion of the department. Permits are subject to all state and federal environmental laws, rules, and regulations. Each approved permit shall grant written consent to encroach onto the state's right-of-way pursuant to section 39-1359.

(3) The department may adopt and promulgate rules and regulations to carry out this section.

Source:Laws 2016, LB1038, § 11.    


39-1401. Terms, defined.

As used in Chapter 39, articles 14 to 20, except sections 39-1520.01 and 39-1908, unless the context otherwise requires:

(1) County board shall mean the board of county commissioners in commissioner-type counties and the board of county supervisors in township counties;

(2) Public roads shall mean all roads within this state which have been laid out in pursuance of any law of this state, and which have not been vacated in pursuance of law, and all roads located and opened by the county board of any county and traveled for more than ten years; and

(3) County road unit system shall mean the administration of county and township roads as provided in sections 39-1513 to 39-1518.

Source:Laws 1957, c. 155, art. I, § 1, p. 508.


Annotations

39-1402. Public roads; supervision by county board.

General supervision and control of the public roads of each county is vested in the county board. The board shall have the power and authority of establishment, improvement, maintenance and abandonment of public roads of the county and of enforcement of the laws in relation thereto as provided by the provisions of Chapter 39, articles 14 to 20, except sections 39-1520.01 and 39-1908.

Source:Laws 1957, c. 155, art. I, § 2, p. 509.


Annotations

39-1403. Roads on county or township line; deviation from line.

Any public road that is or shall hereafter be laid out on a county or township line shall be held to be a road on a county or township line, although, owing to the topography of the ground along the county or township line, or at the crossing of any stream of water, the proper authorities, in establishing or locating such road, may have located a portion of the same to one side of such county or township line.

Source:Laws 1957, c. 155, art. I, § 3, p. 509.


39-1404. Public grounds, interests in; cannot arise by operation of law.

No privilege, franchise, right, title, right of user, or other interest in or to any street, avenue, road, thoroughfare, alley or public grounds in any county, city, municipality, town, or village of this state, or in the space or region under, through or above any such street, avenue, road, thoroughfare, alley, or public grounds, shall ever arise or be created, secured, acquired, extended, enlarged or amplified by user, occupation, acquiescence, implication, or estoppel.

Source:Laws 1957, c. 155, art. I, § 4, p. 509.


Annotations

39-1405. Streets in unincorporated villages and sanitary and improvement districts; powers and duties of county or township authorities; liability for damages.

(1) All public streets of unincorporated villages are a part of the public roads and shall be worked and maintained by the respective county or township authorities.

(2) The county board may, after the clearance of snow and ice from the county road system, clear snow and ice from all public streets of incorporated sanitary and improvement districts in the same manner as if such streets were part of the county road system.

Any county board performing such snow and ice clearance in a sanitary and improvement district shall not be held liable for any damages arising from such snow and ice clearance unless damages arise as a result of gross negligence.

(3) The county board of commissioners in counties having a population of sixty thousand inhabitants or more may enter into contracts with incorporated associations of homeowners representing at least fifty individual housing units which are located wholly within the county and are not part of any sanitary and improvement district or incorporated municipality for the provision of road maintenance services or snow and ice removal services on nonpublic roads which serve the homeowner association. Such contracts shall provide for payment to the county of an amount which fairly represents the cost to the county of providing such additional services.

Source:Laws 1957, c. 155, art. I, § 5, p. 509; Laws 1975, LB 211, § 1; Laws 1986, LB 1131, § 1; Laws 1994, LB 501, § 5.


Annotations

39-1406. Repealed. Laws 1985, LB 393, § 18.

39-1407. County road improvement projects; lettings; procedure; county board may authorize Department of Transportation to conduct; contractors' bonds.

Whenever contracts are to be let for road improvements, it shall be the duty of the county board to cause to be prepared and filed with the county clerk an estimate of the nature of the work and the cost thereof. After such estimate has been filed, bids for such contracts shall be advertised by publication of a notice thereof once a week for three consecutive weeks in a legal newspaper of the county prior to the date set for receiving bids. Bids shall be let to the lowest responsible bidder. The board shall have the discretionary power to reject any and all bids for sufficient cause. If all bids are rejected, the county board shall have the power to negotiate any contract for road improvements, but the county board shall adhere to all specifications that were required for the initial bids on contracts. The board shall have the discretionary power to authorize the Department of Transportation to take and let bids on behalf of the county at the offices of the department in Lincoln, Nebraska. When the bid is accepted the bidder shall enter into a sufficient bond for the use and benefit of the county, precinct, or township, for the faithful performance of the contract, and for the payment of all laborers employed in the performance of the work, and for the payment of all damages which the county, precinct, or township may sustain by reason of any failure to perform the work in the manner stipulated. It shall be the duty of the county to determine whether or not the work is performed in keeping with such contract before paying for the same.

Source:Laws 1957, c. 155, art. I, § 7, p. 510; Laws 1972, LB 1058, § 12; Laws 1975, LB 114, § 2; Laws 2017, LB339, § 139.    
Operative Date: July 1, 2017


39-1408. County or township roads; emergencies; authority of county or township boards.

When an emergency or unusual condition exists requiring immediate action in order to preserve a county or township road or provide for safe conditions, the county board as to county roads within the county and the township board as to township roads within the township, or some person to whom such board has delegated such authority, may cause necessary repairs to be made, necessary services to be provided, or may contract for such repairs, or services without calling for competitive bids.

Source:Laws 1957, c. 155, art. I, § 8, p. 510.


39-1409. Labor on roads; wages fixed by county board.

Any person performing labor on roads shall receive the wages fixed by the county board in each county for such labor.

Source:Laws 1957, c. 155, art. I, § 9, p. 511.


39-1410. Section lines declared roads; opening; damages, appraisal and allowance; government corners, how perpetuated.

The section lines are hereby declared to be public roads in each county in the state, and the county board may whenever the public good requires it open such roads without any preliminary survey and cause them to be worked in the same manner as other public roads; Provided, any damages claimed by reason of any such road shall be appraised and allowed in the manner provided by law. The county board shall cause existing government corners along such line to be perpetuated by causing to be planted monuments of some durable material, with suitable witnesses, and causing a record to be made of the same and, if government corners are lost or obliterated, the county board shall cause the corners to be located in the manner provided in the manual of instruction for government surveys. The county board shall cause such work to be performed by the county surveyor or, if there is no county surveyor in the county, by some other competent land surveyor.

Source:Laws 1957, c. 155, art. I, § 10, p. 511.


Annotations

39-1411. Road and bridge records, who must keep; carrying capacity posted on bridges.

The county highway superintendent or some other qualified person designated by the county board shall keep in his office a road record which shall include a record of the proceedings in regard to the laying out, establishing, changing, or discontinuing of all roads in the county hereafter established, changed or discontinued, and a record of the cost and maintenance of all such roads. Such person shall record in the bridge record, a record of all county bridges and culverts showing number, location and description of each, and a record of the cost of construction and maintenance of all such bridges and culverts. Such person shall cause to be firmly posted or attached upon each bridge in a conspicuous place at each end thereof a board or metal sign showing the carrying capacity or weight which the bridge will safely carry or bear.

Source:Laws 1957, c. 155, art. I, § 11, p. 511.


Cross References

Annotations

39-1412. County bridges; loads exceeding posted capacity; no damage recovery; penalty.

Any person driving across or going upon any county bridge with a greater weight than the carrying capacity or weight posted or attached thereupon as provided in section 39-1411, shall recover no damages from the county because of any accident or injury which may happen to him upon such bridge. Such person shall, for entering upon any such bridge with a greater weight than the carrying capacity or weight posted thereupon as provided in section 39-1411, be guilty of a Class III misdemeanor.

Source:Laws 1957, c. 155, art. I, § 12, p. 512; Laws 1977, LB 40, § 214.


39-1501. Highway superintendent or road unit system counties; county boards; general powers and duties.

The county board, in commissioner-type counties having a county highway superintendent and in township-type counties having adopted a county road unit system as provided in sections 39-1513 to 39-1518, shall:

(1) Have general supervision over all the duties and responsibilities of the county highway superintendent and shall make necessary policies and regulations to effect an efficient road administration in conformity with the laws of the State of Nebraska;

(2) Appoint and fix the salary of a county highway superintendent in counties having a population of less than one hundred thousand inhabitants according to the most recent official United States census; Provided, that in counties having a population of less than eighteen thousand inhabitants and less than five commissioners the appointment of a county highway superintendent shall be optional with the county board unless a petition is filed with the county clerk as provided by section 39-1502; and provided further, that the county board may appoint and fix the salary of a county highway superintendent jointly with one or more other counties and determine the portion of the salary to be paid by the county for its share of the use of a county highway superintendent serving the cooperating counties;

(3) Have authority to coordinate in an effective manner the highway programs and activities of the county with the related activities of the State of Nebraska and all governmental subdivisions thereof;

(4) Have authority to enter into agreements with the federal government or any department or agency of the federal government, the state or any political or governmental subdivision or public corporation of this state, or with a citizen or group of citizens of this state respecting the planning, designating, financing, establishing, constructing, improving, maintaining, using, altering, relocating or vacation of highways, roads, streets, connecting links or bridges, and in such instances may cooperate with the state or with such subdivisions or public corporations on such terms as may be mutually agreed upon; and

(5) Maintain roads in unincorporated areas if such roads are dedicated to the public and are first improved to minimum standards as established by the county board. In a zoning area of a municipality such standards shall be the higher of those established either by the county or the municipality. Future improvements may be undertaken pursuant to the provisions of Chapter 39, article 16.

Source:Laws 1957, c. 155, art. II, § 1, p. 512; Laws 1974, LB 893, § 1.


39-1502. Highway superintendent; optional appointment in certain commissioner counties; protests; election.

The county board, in a county having a population of less than eighteen thousand inhabitants and less than five commissioners, shall appoint and fix the salary of a county highway superintendent whenever a petition for such appointment is signed by ten percent of the legal voters in the county voting for Governor at the last general election and is filed with the county clerk. If a petition protesting such appointment is signed by ten percent of the legal voters in the county and is filed with the county clerk within ninety days from the filing date of the petition for appointment, the county board shall submit the question to the electors. Within ten days from the filing of the petition for appointment, the county board shall publish notice that such petition has been filed, and such notice shall be published once a week for three consecutive weeks in a legal newspaper published in the county or, if none is published in the county, in a legal newspaper of general circulation in the county. If no petition in protest is filed or if a majority of the votes cast are in favor of appointing a county highway superintendent, the county board shall appoint and fix the salary of such superintendent within six months from the filing of the petition for appointment or from the date of balloting as the case may be.

Source:Laws 1957, c. 155, art. II, § 2, p. 513; Laws 1986, LB 960, § 27.


39-1502.01. Highway superintendent; abolition; procedure.

When a county highway superintendent has been appointed following an election held pursuant to section 39-1502, such position may be abolished at any general election after two years from the date of such election in the same manner as the appointment was approved.

Source:Laws 1961, c. 199, § 1, p. 602.


39-1503. Highway superintendent or road unit system counties; county boards; duties.

It shall be the duty of the county board in commissioner-type counties having a county highway superintendent and in township-type counties having adopted a county road unit system to:

(1) Give notice to the public of the date set for public hearings upon the proposed county highway program of the county highway superintendent for the forthcoming year by publication once a week for three consecutive weeks in a legal newspaper published in the county or, if none is published in the county, in a legal newspaper of general circulation in the county. The notice shall clearly state the purpose, time, and place of such public hearings;

(2) Adopt a county highway annual program no later than March 1 of each year which shall include a schedule of construction, repair, and maintenance projects and the order of priority of such projects to be undertaken and carried out by the county and a list of equipment to be purchased and the priority of such purchases, within the limits of the estimated funds available during the next twelve months;

(3) Adopt standards to be applied in road and bridge repair, maintenance, and construction;

(4) Advertise for and take and let bids for all or any portion of the county road work when letting bids, except that when the Department of Transportation takes bids on behalf of the county, the county shall have authority to permit such bids to be taken and let at the offices of the department in Lincoln, Nebraska; and

(5) Cause investigations, studies, and inspections to be made, hold public hearings, and do all other things necessary to carry out the duties imposed upon it by law.

Source:Laws 1957, c. 155, art. II, § 3, p. 514; Laws 1969, c. 333, § 3, p. 1190; Laws 1986, LB 960, § 28; Laws 2017, LB339, § 140.    
Operative Date: July 1, 2017


39-1504. Commissioner counties; no highway superintendent; county board or designee to perform duties.

In commissioner-type counties not having a county highway superintendent, the county board, or some other qualified person designated by the county board, shall assume and perform the powers and duties of the county highway superintendent.

Source:Laws 1957, c. 155, art. II, § 4, p. 515.


39-1505. Bridges, numbering; duties of county board; highway history, highway superintendent to keep.

For the purpose of assisting the county highway superintendent in making and keeping the bridge record, the county board shall adopt a system of numbering all county bridges, and place and keep on each bridge a plain and substantial number, and furnish to the county highway superintendent a complete inventory of all bridges so numbered. The superintendent shall keep all maps, charts, plans, and specifications of such roads and bridges so as to preserve, as nearly as possible, a complete history of the roads of the county.

Source:Laws 1957, c. 155, art. II, § 5, p. 515.


39-1506. County highway superintendent; qualifications.

Any person, whether or not a resident of the county, who is a duly licensed engineer in this state, any firm of consulting engineers duly licensed in this state, or any other person who is a competent, experienced, practical road builder shall be qualified to serve as county highway superintendent, except that no member of the county board shall be eligible for appointment. In counties having a population of sixty thousand but less than one hundred fifty thousand inhabitants according to the most recent official United States census, the county surveyor shall perform all the duties and possess all the powers and functions of the county highway superintendent. In counties having a population of one hundred fifty thousand or more inhabitants, the county engineer shall serve as county highway superintendent.

Source:Laws 1957, c. 155, art. II, § 6, p. 515; Laws 1982, LB 127, § 9; Laws 1986, LB 512, § 3; Laws 2017, LB200, § 4.    
Effective Date: August 24, 2017


39-1507. Highway superintendent; powers; bond; annual inventory.

The county highway superintendent shall have control, government, and supervision of all the public roads and bridges in the county under the general supervision and control of the county board. Before entering upon the duties of his office he shall execute to the county a bond in the sum of five thousand dollars, to be approved by the county board, conditioned for the faithful performance of his duties, and to account for all funds and property that may come into his possession. The county highway superintendent shall prepare and file an annual inventory statement of county personal property in his custody or possession as provided in sections 23-346 to 23-350.

Source:Laws 1957, c. 155, art. II, § 7, p. 515.


39-1508. Highway superintendent; duties.

It shall be the duty of the county highway superintendent to:

(1) Submit to the county board no later than February 1 of each year a proposed annual program, to be known as the county road annual program, proposing a schedule of construction, repair, maintenance and supervision of county roads and bridges, including federal-aid secondary road projects and a list of equipment and material purchases to be undertaken and carried out by the county within the limits of the estimated funds of the county during the next twelve months;

(2) File with the county clerk no later than February 1 of each year a revised and current map of the county roads clearly distinguishing the primary and secondary roads and indicating the past year's improvements thereon; and

(3) Undertake the projects contained in the county road annual program in the order therein stated, and when requested by the county board report the projects completed, the projects in construction, and equipment and material purchased, the amounts expended upon roads and bridges and the sum remaining to be expended; Provided, that in case of an emergency deviations from the adopted program may be authorized by the unanimous vote of the county board.

Source:Laws 1957, c. 155, art. II, § 8, p. 516.


39-1509. Highway superintendent; interest in public contracts prohibited; reports to county board; neglect of duty; removal from office.

The county highway superintendent shall not be interested directly or indirectly in any contract with the county, and shall render at any time an accounting of his acts and doings to the county board when requested by it so to do; and he may be removed from office by such board at any time upon failure to perform the duties of his office.

Source:Laws 1957, c. 155, art. II, § 9, p. 516.


39-1510. Highway superintendent; office; plat records of public roads.

The county highway superintendent shall be provided by the county with a suitable office which may be in the office or room occupied by the county board or elsewhere, as the board may choose, and he shall keep in his office plat records showing accurately all public roads and highways established in the county.

Source:Laws 1957, c. 155, art. II, § 10, p. 517.


39-1511. Highway superintendent; construction work, duty to superintend; road claims; approval.

The county highway superintendent shall be the superintendent of construction of all roads, bridges, culverts, road ditch improvements, and their maintenance, and make or cause to be made plans and specifications, when requested by the county board, for all road improvements, bridges, and culverts. All bills for payment of work on the county roads, bridges, culverts, or ditches shall be approved by the county highway superintendent before being allowed by the county board, and charged against the road or bridge to which it belongs and upon which it was expended, in the bridge and road records kept in the office of the superintendent.

Source:Laws 1957, c. 155, art. II, § 11, p. 517.


39-1512. Highway superintendent; annual report; contents.

The county highway superintendent prior to February 1 of each year shall file a written annual report with the county board of all work performed in constructing, improving and maintaining the public roads, bridges, culverts, and ditches of the county, showing the amount of funds available for road work during the year, the amount expended and the balance; the amount of funds available from the state as federal matching funds, if any, the amount thereof used by the county; the number of miles of road established during the year and the location thereof; and the equipment and material purchased or otherwise obtained or disposed of.

Source:Laws 1957, c. 155, art. II, § 12, p. 517.


39-1513. County road unit system; optional for township counties; procedure for adoption.

In the event of the filing with the county clerk of a petition signed by ten percent of the qualified electors in the county, the board of county supervisors shall adopt the provisions of the county road unit system by resolution at the next regular meeting of the board. The resolution shall be published once a week for three consecutive weeks in a legal newspaper published in the county or, if none is published in the county, in a legal newspaper of general circulation in the county. The adoption of the county unit plan shall take effect ninety days after the date of the first publication of the resolution providing for such adoption or any later date designated by the resolution, but not later than one year after the date of the first publication of the resolution unless before the effective date of adoption there is filed with the county clerk a petition signed by ten percent of the qualified electors in the county protesting such adoption. In that event, the board of county supervisors shall submit the question of a county road unit system to the electors of the respective counties.

Source:Laws 1957, c. 155, art. II, § 13, p. 517; Laws 1959, c. 167, § 4, p. 610; Laws 1986, LB 960, § 29.


39-1514. County road unit system; abandonment; outstanding contracts.

Any county which adopts the county road unit system may at any general election after two years from the date of such adoption abandon the county road unit system and return to the county and township system; Provided, that every outstanding contract made by such county while operating under the provisions of the county road unit system be fully satisfied and complied with.

Source:Laws 1957, c. 155, art. II, § 14, p. 518.


39-1515. County road unit system; abandonment; election.

The election to determine whether the county road unit system shall be abandoned shall be called by the board of county supervisors upon the presentation of a petition signed by at least ten percent of the qualified electors of the county. Such petition shall be filed by the petitioners with the county clerk. At any such election, the votes shall be taken for and against the county road unit system and if the majority of the votes cast at such election be against the county road unit system, then the county shall be restored to the county and township road system.

Source:Laws 1957, c. 155, art. II, § 15, p. 518.


39-1516. County road unit system; adoption; transfer of township funds.

Upon the adoption of the county road unit system in any county, the township board of any township in such county shall forthwith pay over to the county treasurer of such county any and all unused money or funds or surplus funds in the hands of such township board which have been received or acquired by such township from any source for road purposes or for the purchase of machinery, equipment, or material for the construction and maintenance of roads. Upon receipt of said funds and money, the county treasurer shall credit the same to a special fund for each such township and the board of county supervisors shall expend the special fund for the construction and maintenance of roads in the township from which it was received, which expenditure shall be in addition to funds expended by the county in such township from the regular county road and bridge fund. The county treasurer shall likewise credit and transfer to the special fund of each township all tax money in his hands on the date the county road unit system is adopted which were received by him in payment of taxes levied by such township for road purposes and all such taxes thereafter collected by him, and he shall likewise credit and transfer to the special fund all other money in his hands on the date of adoption of the county road unit system which were received by him for the use of such township for road purposes.

Source:Laws 1957, c. 155, art. II, § 16, p. 518.


39-1517. County road unit system; adoption; township equipment and material, transfer and appraisal; outstanding township contracts.

Upon the adoption of the county road unit system in any county, the township board of any township in such county shall forthwith turn over and deliver to the board of county supervisors of such county any and all road machinery, equipment, and material which such township has acquired for the purpose of construction and maintaining township roads. Upon making such delivery, the township board shall file with the county clerk the name of some qualified elector of such township who shall be an appraiser on behalf of the township of such machinery, equipment, or material. Within ten days, after the filing of the name of the township elector with the county clerk, the board of county supervisors shall file with the county clerk the name of a qualified elector of the county who does not reside in such township who shall be the representative of the county as an appraiser of such machinery, equipment, or material. Within five days thereafter, the township appraiser and county appraiser shall meet and select a third appraiser. The three appraisers shall constitute a board of appraisers for the purpose of fixing the value of the road machinery, equipment, and material so delivered to the county by the township and they shall forthwith make such appraisal. In making such appraisal, the board of appraisers shall deduct the amount, if any, which the township board owes for any such machinery, equipment, and material to any person from whom leased or purchased. The report of such appraisal shall be certified by the board of appraisers and filed in the office of the county clerk and the county treasurer. Each of such appraisers shall receive the sum of fifteen dollars for making such appraisal which shall be paid by the board of supervisors from the county road and bridge fund. Within two years after the filing of such appraisal, the board of supervisors shall expend for the construction and maintenance of roads in the township from which such road machinery, equipment, and material was received an amount of money equivalent to the appraised value of such machinery, equipment, and material which expenditure shall be in addition to funds expended by the county in such township from the regular county road and bridge fund. If any of such machinery, equipment, and material so delivered to the county was purchased or leased by the township under a contract of purchase or lease and such contracts provide that the township upon making further payments would receive title to the machinery, equipment, and material, the county shall assume the contracts as to future payments and be liable therefor, which payments shall be made from the county road and bridge fund. Upon the adoption of the county road unit system all copies of such contracts in the hands of the township board shall forthwith be delivered by the township clerk to the county clerk.

Source:Laws 1957, c. 155, art. II, § 17, p. 519.


39-1518. County road unit system; adoption; settlements with townships; warrants and tax levy.

If the county board of supervisors determines that there are insufficient funds in the county road and bridge fund to compensate a township for the transfer of road machinery, equipment, and material for the construction and maintenance of roads within that township or to pay the cost of making payments on the contracts of purchase or lease of road machinery, equipment, and material assumed by the county under section 39-1517, the board may issue registered warrants for the purpose of paying such costs. The total amount of such warrants issued shall not exceed the total appraised value of all such road machinery and equipment received from all townships plus the amount necessary to make such payments on the contracts of purchase or lease of road machinery, equipment, and material assumed by such county. The proceeds received from the sale of the warrants shall only be used for the purpose for which the warrants are authorized to be issued. Whenever any county board of supervisors issues warrants under this section, the board shall levy a tax upon the taxable value of the taxable property in such county at the first tax-levying period after such warrants are issued sufficient to pay the warrants and the interest on such warrants. If the board deems it advisable not to make all of such levy in any one year, then the board may make an annual tax levy at not more than the next three tax-levying periods occurring after the issuance of the warrants, the total of which levies shall be sufficient to pay the warrants and the interest.

Source:Laws 1957, c. 155, art. II, § 18, p. 520; Laws 1992, LB 1063, § 35; Laws 1992, Second Spec. Sess., LB 1, § 35.


39-1519. Township counties without county road unit system; sections applicable.

The provisions of sections 39-1519 to 39-1527 shall relate only to those counties under the township organization not operating under a county road unit system as provided in sections 39-1513 to 39-1518.

Source:Laws 1957, c. 155, art. II, § 19, p. 521; Laws 1959, c. 167, § 5, p. 610.


Cross References

39-1520. Township highway superintendent; powers; compensation; failure of overseer to obey.

All township road and culvert work shall be under the general supervision of the township board, except as hereinafter provided in this section. At the first regular board meeting in each year the board shall select one of its number to be township highway superintendent, under whose direction all township road and culvert work shall be done. Compensation for directing road and culvert work shall be fixed at the annual town meeting. If any overseer shall neglect or refuse to obey the directions of the township highway superintendent, he shall be subject to removal by the township board, and his office may be declared vacant and be filled by appointment by the township board, which appointee shall hold office until his successor is elected.

Source:Laws 1957, c. 155, art. II, § 20, p. 521; Laws 1959, c. 181, § 10, p. 657.


Annotations

39-1520.01. Township counties without county road unit system; road districts; creation.

The county board under township organization in counties not operating under the county road unit system shall divide the county, except the portion occupied by the cities and incorporated villages, into as many road districts as may be necessary, and alter the boundaries thereof as may seem proper; Provided, in no case shall any road district be so constituted as to be within the limits of two distinct voting precincts or townships.

Source:Laws 1959, c. 181, § 11, p. 658; Laws 1973, LB 75, § 19.


Cross References

39-1521. Bridges over streams; construction; maintenance; expense borne by county.

In counties under township organization the expense of building, maintaining, and repairing bridges over streams on all public roads of the county or township shall be borne exclusively by the county within which such bridges are located.

Source:Laws 1957, c. 155, art. II, § 21, p. 522.


39-1522. Township roads; damages for right-of-way; expenses; payment from general road fund; division of tax levy; expenditure.

The payment of damages for the right-of-way of any public road and the payment for services of county highway superintendent, surveyor, chainmen, and other persons engaged in locating, establishing, or altering any public road, if the road be finally established or altered as provided by law, shall be paid by the county treasurer out of the general road fund of the county upon warrants drawn thereon in the manner provided by law for the other payments out of such fund. Where cities and villages are located within the boundaries of any township, one-half of all money collected from the levy, except that part of the levy raising funds for township library or cemetery purposes, provided in section 23-259 on property within the corporate limits of such cities and villages, shall be paid by the county treasurer to the treasurer of such city or village, and such money when paid to the treasurer thereof shall be expended by the proper officers thereof for maintenance and repair of the streets and alleys of such city or village.

Source:Laws 1957, c. 155, art. II, § 22, p. 522; Laws 1959, c. 181, § 12, p. 658; Laws 1965, c. 226, § 1, p. 650.


39-1523. Township road contracts; payment from township fund; bond issues for bridge construction or repair.

Where any contract is let by the township board, the expense of which is to be borne exclusively by the township, it shall be paid from the township fund; Provided, if, under any law of this state, bonds are voted to aid in the building or repairing of any bridge, the expense shall be paid by such bonds or the proceeds thereof.

Source:Laws 1957, c. 155, art. II, § 23, p. 522.


39-1524. Township roads; construction or repair; appropriations from county treasury; how obtained.

When it shall be necessary to build, construct, or repair any road in any township, which would be an unreasonable burden to the same, the cost of which will be more than can be raised in one year by the levy provided in section 23-259, the township board shall present a petition to the county board of the county in which such township is situated, praying for an appropriation from the county treasury to aid in the building, constructing, or repairing of such road, and such county board may, by a majority vote of all the elected members thereof, make an appropriation of so much for that purpose as in its judgment the nature of the case requires and the funds of the county will justify; such appropriation to be expended under the supervision of an authorized agent or agents of the county, if the county board shall so order. In such case, where the county grants aid as provided in this section, the contract shall be let by the township board, under the provisions of law relating to letting contracts by county boards.

Source:Laws 1957, c. 155, art. II, § 24, p. 522.


Annotations

39-1524.01. Repealed. Laws 1973, LB 75, § 20.

39-1525. Repealed. Laws 1973, LB 75, § 20.

39-1526. Repealed. Laws 1973, LB 75, § 20.

39-1527. Change from commissioner to township form of government; use of county road fund for maintenance of township roads.

It shall be lawful in all counties changing from the commissioner form of government to township organization, for such counties to continue for a period of one year after adoption of township organization to use funds from the county road fund to maintain township roads.

Source:Laws 1957, c. 155, art. II, § 27, p. 523.


39-1601. Special improvement districts; petition for organization; dissolution; procedure; disposition of funds.

(1) Whenever a petition, (a) containing a definite description of the territory to be embraced, (b) designating the name of the proposed district, and (c) signed by ten percent of the landowners within the limits of a proposed road improvement district is presented and filed with the county board of the county in which the greater portion of the area of the proposed district is located, the county board of any such county shall cause the question to be submitted to the legal voters of such proposed road improvement district as provided in section 39-1605. If fifty-five percent of those voting on the question are in favor of the proposition, the district shall be organized. No lands included within any municipal corporation shall be included in any road improvement district.

(2) Any road improvement district can be dissolved, if there are no outstanding debts, by the board of trustees of any such district, on its own motion or on the request in writing of ten electors, submitting at a special election, after due notice by publication in the manner provided for in subsection (1) of section 39-1604, the question of dissolution of the road improvement district. The special election shall be conducted by mail as provided in sections 32-953 to 32-959. If fifty-one percent of the votes cast on the question at such election are in favor of such dissolution, the board of trustees shall cause a record of such election and the vote thereon to be made in the office of the county clerk in the county in which the election was held to create the district, and the district shall thereupon stand dissolved. An election shall not be required for the dissolution of the district if a petition requesting the district be dissolved, signed by fifty percent of the owners of property located within the district, is presented to the county board of the county. The county board shall determine the sufficiency of the petition and dissolve the district by an order of such board.

(3) In case a district is dissolved pursuant to this section, the funds on hand or to be collected shall be held by the county treasurer in a separate fund, and the trustees of the district shall petition the district court of the county in which the election to form the district was held, for an order approving the distribution of funds to the landowners or easement owners as a dividend on the same basis as collected.

Source:Laws 1957, c. 155, art. III, § 1, p. 523; Laws 2007, LB248, § 1.    


39-1602. Organization with temporary board of trustees; procedure; contracts of temporary board; duties of county board.

Whenever the petition mentioned in subsection (1) of section 39-1601 shall (1) be signed by twenty percent of the landowners within the proposed limits of any such district, (2) contain a list of five legal voters who are owners of property and reside in the proposed district, (3) contain a request that the county board appoint from this list a temporary board of three trustees, and (4) authorize the board to (a) consult with and employ competent independent engineers as to the cost and feasibility of the construction of improvements, (b) consult with other firms or authorities on the feasibility of financing such improvements, and (c) enter into such contracts with attorneys and others which, in the judgment of the temporary board, are necessary in order to properly present the question of formation of the district to the voters therein, the county board shall give notice, by posting such notice in three conspicuous places in the district, that such a petition has been filed and that a temporary board will be appointed as requested. Such notice shall remain posted for ten days, contain the entire wording of the petition, and advise that if fifty percent of the property owners within the proposed district shall file written objections within ten days from the date the notice is first posted, objecting to the appointment of such a temporary board, no board shall be appointed; Provided, any such contract entered into by the temporary board shall be binding upon the board of trustees subsequently elected, in accordance with sections 39-1605 and 39-1606, but shall not be binding on the county or counties wherein the district is located if the district is not created. On the date recommended by the temporary board of trustees, the county board of the county, where the petition was filed, shall call a special election as provided in section 39-1605.

Source:Laws 1957, c. 155, art. III, § 2, p. 525.


39-1603. Engineering services; duties of county board; estimate of cost.

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 an estimate of the cost of paving or improving certain road or roads within the district and file such estimate with the county board.

Source:Laws 1957, c. 155, art. III, § 3, p. 525; Laws 1997, LB 622, § 60.


39-1604. No temporary board; petition; notice; hearing; order.

(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 publication, in one or more newspapers having a general circulation in the proposed district, once each week during the two weeks prior to such meeting of the time and place where the petition will be heard.

(2) At the time and place so fixed in accordance with subsection (1) of this section, the county board of such county shall meet for a hearing in regard to the formation of such a district as proposed. All persons in such proposed road improvement district shall have an opportunity to be heard touching the location and boundary of the proposed district. Within one week after said meeting, the county board, referred to in subsection (1) of this section, shall by an order determine as to the formation of the district and the boundaries thereof, whether the same way such boundaries are described in such petition or otherwise. If a majority of the resident property owners of such proposed road improvement district shall file written protests, within ten days after the first publication of the notice, the county board shall abandon all such proceedings.

Source:Laws 1957, c. 155, art. III, § 4, p. 526.


39-1605. Organization; special election; ballot form; first board of trustees.

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 the election of a board of trustees who shall be resident taxpayers. Notice of such election shall be given as provided in subsection (1) of section 39-1604. At such election each legal voter resident within the proposed road improvement district shall have a right to cast a ballot with the words thereon, For road improvement district, or Against road improvement district. The special election shall be conducted by mail as provided in sections 32-953 to 32-959. The result of such election shall be entered of record. If fifty-five percent of the votes cast are in favor of the proposed district, such proposed district shall be deemed an organized road improvement district. At the same election there shall be elected three members of a board of trustees. Such members so elected shall be the first board of trustees of such district if the formation of the district is so approved at such election. Such board of trustees shall hold office until their successors are elected and qualified under the provisions of section 39-1606. It shall elect a president and clerk substantially as is provided for in sections 39-1606 and 39-1609.

Source:Laws 1957, c. 155, art. III, § 5, p. 526; Laws 2007, LB248, § 2.    


39-1606. Board of trustees; members; election; filing fee; term; compensation; district; name.

(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-five days before the election, by paying a filing fee of five dollars.

(2)(a) The term of office of every member of a board of trustees of a road improvement district existing on January 1, 2008, shall be extended to the first Monday in October following the expiration of the original term. Their successors shall be elected for terms of six years at elections held on the first Tuesday after the second Monday in September of odd-numbered years. The term of office shall begin on the first Monday in October after the election.

(b) The successors to the initial board of trustees of a road improvement district shall be elected on the first Tuesday after the second Monday in September of the first odd-numbered year which is at least fifteen months after the organization of the district pursuant to section 39-1605. One trustee shall be elected for a term of two years, one trustee for a term of four years, and one trustee for a term of six years, and thereafter their respective successors shall be elected for terms of six years at succeeding elections held on the first Tuesday after the second Monday in September of odd-numbered years. The term of office shall begin on the first Monday in October after the election.

(c) Elections under this subsection shall be conducted by mail as provided in sections 32-953 to 32-959.

(3) At the first meeting of the trustees of such district after the election of one or more members, the board shall elect one of their number president. Such district shall be a body corporate and politic by name of Road Improvement District No. ........ of ........... County or ....... Counties, as the case may be, with power to sue, be sued, contract, acquire and hold property, and adopt a common seal. Each trustee shall receive as his or her salary the sum of five dollars for each meeting.

Source:Laws 1957, c. 155, art. III, § 6, p. 527; Laws 1994, LB 76, § 552; Laws 2007, LB248, § 3.    


39-1607. Trustees; failure to qualify; vacancy; how filled.

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 pursuant to section 39-1606. At such election a trustee shall be elected by the voters of the district for the balance of the unexpired term of such trustee, if any.

Source:Laws 1957, c. 155, art. III, § 7, p. 528; Laws 2007, LB248, § 4.    


39-1608. Trustees; bond; amount; conditions; premium; suit on bond.

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, running to the district in the penal sum of five thousand dollars, conditioned for the faithful performance by said trustee of his official duties and the faithful accounting by him for all funds and property of the district that shall come into his possession or control during his term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on such bonds by any person, firm, or corporation that has sustained loss or damage in consequence of the breach thereof.

Source:Laws 1957, c. 155, art. III, § 8, p. 528.


39-1609. Trustees; clerk; engineer; rules and regulations; publication of proceedings.

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 the power to pass all necessary ordinances, resolutions, orders, rules and regulations for the necessary conduct of its business and to carry into effect the objects for which such road improvement district is formed. Immediately after each regular and special meeting of the board, it shall cause to be published, in one newspaper of general circulation in the district, a brief statement of its proceedings including an itemized list of bills and claims allowed, specifying the amount of each, to whom paid, and for what purpose; Provided, no publication shall be required unless the same can be done at an expense not exceeding one-third of the rate of the publication of legal notices.

Source:Laws 1957, c. 155, art. III, § 9, p. 528.


39-1610. Trustees; powers.

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 otherwise improve any road or roads, or parts thereof, at public cost or by levy of special assessment on the property especially benefited thereby, proportionate to benefits; Provided, that none of the improvements hereinbefore named shall be ordered, except as provided in section 39-1611 or 39-1612.

Source:Laws 1957, c. 155, art. III, § 10, p. 529.


39-1611. Trustees; improvements; petition of abutting landowners.

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 cause such work to be done or such improvement to be made, (2) contract therefor, and (3) levy assessments as provided in sections 39-1623 to 39-1625.

Source:Laws 1957, c. 155, art. III, § 11, p. 529.


39-1612. Trustees; improvements without petition; notice; protests.

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 thereupon publish a notice of the improvements to be made in one or more newspapers having a general circulation in the district once each week during two consecutive weeks. If a majority of the resident owners of land abutting on or adjacent to such road, highway, or street in the district shall file with the clerk of the board of trustees, within twenty days after the first publication of said notice, written objections to the making of said improvements, said improvements shall not be made as provided in said resolution, referred to in section 39-1611, and the resolution shall be repealed. If the objections are not filed against the improvement in the time and manner provided by this section, the board of trustees shall forthwith cause such work to be done or such improvement to be made, contract therefor, and levy assessments, as set forth in sections 39-1623 to 39-1625 to pay the cost thereof.

Source:Laws 1957, c. 155, art. III, § 12, p. 529.


39-1613. Protests or petitions; determination of sufficiency.

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, at the time of the adoption of said resolution. In determining the sufficiency of the petitions or objections, intersections shall be disregarded, and any lot of ground owned by the county shall not be counted for or against such improvement.

Source:Laws 1957, c. 155, art. III, § 13, p. 530.


39-1614. Assessments; lien; certification.

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 entry upon the proper tax lists as more particularly set forth in section 39-1625.

Source:Laws 1957, c. 155, art. III, § 14, p. 530.


39-1615. Assessment; payment; delinquency; interest.

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 years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years, unless a different number of yearly payments shall be fixed by the board of trustees as permitted under section 39-1626. Each of such installments, except the first, shall draw interest at a rate not exceeding the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, payable annually, from the time of the levy, provided for by sections 39-1601 to 39-1636, until the same shall become delinquent; and after the same becomes delinquent, interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, shall be paid thereon from the date the same is delinquent until paid; Provided, all of the installments may be paid at one time on any lot or land within fifty days from the date of such levy without interest. If so paid within fifty days, such lot or land shall be exempt from any lien or charge therefor.

Source:Laws 1957, c. 155, art. III, § 15, p. 530; Laws 1961, c. 200, § 1, p. 602; Laws 1980, LB 933, § 28; Laws 1981, LB 167, § 29.


39-1616. Bonds; issuance; payment; interest.

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 the road improvement district to be called Assessment Paving Bond of Road Improvement District No. ... of ........ County or ........ Counties, as the case may be. Such paving bonds shall be payable within the time provided by section 39-1627. They shall bear interest payable annually or semiannually, with interest coupons attached, payable serially, to be issued in such denominations as may be deemed advisable.

Source:Laws 1957, c. 155, art. III, § 16, p. 531; Laws 1969, c. 51, § 105, p. 338.


39-1617. Sinking fund; investments authorized.

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 in no greater amount in any depository than the same is authorized to receive deposits of county funds; and the interest arising from such certificate of deposit shall be credited to its respective sinking fund as provided by sections 39-1601 to 39-1636.

Source:Laws 1957, c. 155, art. III, § 17, p. 531.


39-1618. Assessments; school district, county, or quasi-municipal corporation; lands subject to.

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 of the county board, board of education, or other proper officers to provide for the payment of such special assessments or taxes as may be assessed against the real estate so adjacent or abutting, or within such road improvement district, belonging to the county, school district, or quasi-municipal corporation. In the event of a neglect or refusal to do so, the road improvement district may recover the amount of such special taxes or assessments in any proper action. Any such judgment so obtained may be enforced in the usual manner.

Source:Laws 1957, c. 155, art. III, § 18, p. 532.


39-1619. Intersections; roads adjacent to federal or state lands; assessments; intersection paving bonds; term; interest; warrants.

(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 taxable property in such road improvement district and shall be levied in the manner referred to in subsection (1) of section 39-1621, and for the payment of such improvements, the board of trustees is hereby authorized to issue paving bonds of the road improvement district, in such denominations as it deems to be proper, to be called Intersection Paving Bonds, payable over the life of the improvements and in no event exceeding twenty years from date. Such bonds shall bear interest payable annually or semiannually, with interest coupons attached. For the prompt payment of such bonds, the full faith and credit of all the property in the district is pledged. Such bonds shall not be issued until the work is completed and then not in excess of the cost of the improvements.

(2) For the purpose of making partial payments as the work progresses, warrants may be issued by the board of trustees upon certificates of the engineer in charge showing the amount of the work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project, in a sum not exceeding ninety-five percent of the cost thereof, which warrants shall be redeemed and paid upon the sale of the bonds referred to in subsection (1) of this section and in section 39-1616 when issued and sold. The bonds may be sold or delivered to the contractor in payment at not less than par. The district shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments, beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body and running until the date that the warrant is tendered to the contractor.

Source:Laws 1957, c. 155, art. III, § 19, p. 532; Laws 1969, c. 51, § 106, p. 339; Laws 1975, LB 112, § 8; Laws 1979, LB 187, § 158; Laws 1992, LB 719A, § 139.


39-1620. Contracts; letting of bids; notice.

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 reject any and all bids and readvertise for the letting of such work.

Source:Laws 1957, c. 155, art. III, § 20, p. 533.


39-1621. Budget; taxes; levy; limitation; certification; collection; disbursement.

(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 such road improvement district to the amount of not more than three and five-tenths cents on each one hundred dollars upon the taxable value of the taxable property in such district for general maintenance and operating purposes subject to section 77-3443. The board shall, on or before September 20 of each year, certify any such levy to the county clerk of the counties in which such district is located who shall extend the levy upon the county tax list.

(2) The county treasurer of the county in which the greater portion of the area of the district is located shall be ex officio treasurer of the road improvement district and shall be responsible for all funds of the district coming into his or her hands. The treasurer shall collect all taxes and special assessments levied by the district and collected by him or her from his or her county or from other county treasurers if there is more than one county having land in the district and all money derived from the sale of bonds or warrants. The treasurer shall not be responsible for such funds until they are received by him or her. The treasurer shall disburse the funds of the district only on warrants authorized by the trustees and signed by the president and clerk.

Source:Laws 1957, c. 155, art. III, § 21, p. 533; Laws 1969, c. 145, § 35, p. 694; Laws 1979, LB 187, § 159; Laws 1992, LB 1063, § 36; Laws 1992, Second Spec. Sess., LB 1, § 36; Laws 1993, LB 734, § 39; Laws 1995, LB 452, § 12; Laws 1996, LB 1114, § 57.


39-1622. Special assessments; special benefits; general benefits; levy; lien.

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 thereby which shall be a lien as provided by section 39-1614 when properly levied and certified as required by sections 39-1601 to 39-1636. The board of trustees of such district may find the remainder of the cost of such improvements made are of general benefit to the district and the costs thereof shall be paid from taxes levied against all the property in the district in the manner provided for by subsection (1) of section 39-1621.

Source:Laws 1957, c. 155, art. III, § 22, p. 534; Laws 1959, c. 182, § 1, p. 663; Laws 2015, LB361, § 54.    


39-1623. Improvements; plat; benefits; schedule of proposed special assessments; notice; hearing.

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 against each separate piece of property as a special assessment. A copy of the plat and a schedule of the proposed special assessment shall be filed in the office of the county clerk of the county in which the greater portion of the area of the district is located for public inspection. The trustees of the district shall then order the clerk of the district to give notice that the plat and schedule are on file with the county clerk where the plat and schedule are kept for examination, and that all objections thereto or to prior proceedings on account of errors, irregularities, or inequalities not made in writing and filed with the clerk of the district within twenty days after first publication of the notice shall be deemed to have been waived. Such notice shall be given by publication, once each week during two consecutive weeks, in a newspaper of general circulation in the district and whenever possible by giving notice in writing by either registered or certified mail to the owner of each separate piece of property against which a special assessment is proposed. The notice shall state the time and place where objections are to be filed. The time of such hearing shall be determined in the manner stated in section 39-1624. Any objections so filed shall be considered by the trustees of the district.

Source:Laws 1957, c. 155, art. III, § 23, p. 534; Laws 2015, LB361, § 55.    


39-1624. Proposed special assessments; hearing; equalization; consent.

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 than thirty days after the first publication of the notice thereof, unless such session be adjourned with provisions for proper notice of such adjournment. At such meeting the proposed assessment shall be adjusted and equalized with reference to benefits resulting from the improvement and shall not exceed such benefits. If the owners of all properties on which special assessments are proposed to be assessed file a consent in writing with the clerk of the district to the proposed assessment, the notice and meeting for adjustment, as provided in this section and section 39-1623, need not be given or had.

Source:Laws 1957, c. 155, art. III, § 24, p. 535.


39-1625. Special assessments; levy; relevy; certification.

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 39-1636. The same may be relevied if, for any reason, the levy thereof is void, or not enforceable, and in an amount not exceeding the previous levy. Such levy shall be enforced as other special assessments and any payments thereof under any previous levies shall be credited to the person or property making the same. The levy when made shall be certified by the clerk of the district to the county clerk of the county in which the property to be assessed is located and collected by the county treasurer in the same manner as general taxes and shall be subject to the same penalties.

Source:Laws 1957, c. 155, art. III, § 25, p. 535.


39-1626. Special assessments; when delinquent; interest.

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 stated in section 39-1615, or otherwise in equal annual installments over such period of years as the board of trustees may determine at the time of making the levy.

Source:Laws 1957, c. 155, art. III, § 26, p. 536.


39-1627. Assessment paving bonds; amount; term; sinking fund.

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 39-1626 from the total assessment costs. The bonds shall mature in not more than twenty years as determined by the board of trustees of the district. The assessments plus interest collected after the fifty-day waiting period shall be deposited in an assessment bond sinking fund and, if for any reason, the assessments so collected are not sufficient to pay the assessment bonds when due, it shall be the mandatory duty of the board of trustees of the district to cause to be collected as a tax in the manner referred to in subsection (1) of section 39-1621 against all the property in the district sufficient to make good such deficiencies so that the assessment bonds shall be paid promptly at their respective due dates.

Source:Laws 1957, c. 155, art. III, § 27, p. 536.


39-1628. Bonds; issuance; approval by district court.

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 of the district providing for and authorizing the issuance of the bonds of the district shall be judicially examined, approved, and confirmed, or disapproved and disaffirmed.

Source:Laws 1957, c. 155, art. III, § 28, p. 536.


39-1629. Bonds; approval by district court; petition; contents.

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 confirmed by the court. The petition shall state the facts showing the proceedings had for issuance of the bonds, and shall state generally that the road improvement district was duly organized, and that the first board of trustees was duly elected. The petition need not state the facts showing such organization of the district or the election of the first board of trustees. A person or persons owning or desirous of purchasing such bonds when issued may bring such action, if the board shall fail to do so, or may become a party to any such action commenced by the board of trustees of such a district.

Source:Laws 1957, c. 155, art. III, § 29, p. 537.


39-1630. Bonds; approval by district court; hearing; notice.

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 fixed by the court. The notice shall state the time and place fixed for the hearing of the petition, the prayer of the petition, and that any person interested in the organization of the district, or in the proceedings for the issuance of the bonds, may, on or before the day fixed for the hearing of the petition, move to dismiss the petition or answer thereto. The petition may be referred to and described in the notice as the petition of ....................... (giving its name) praying that the proceedings for the issuance of such bonds of such district may be examined, approved, and confirmed by the court.

Source:Laws 1957, c. 155, art. III, § 30, p. 537; Laws 1959, c. 167, § 6, p. 611.


39-1631. Bonds; approval by district court; interested parties; pleadings.

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 in such special proceedings. The persons filing motions or answering the petition shall be the defendants to the special proceedings, and the board of trustees shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceedings, be taken as true. Each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the Code of Civil Procedure, which are not inconsistent with the provisions of sections 39-1601 to 39-1636, are applicable to the special proceedings herein provided for.

Source:Laws 1957, c. 155, art. III, § 31, p. 537.


39-1632. Bonds; jurisdiction of district court; trial; judgment; costs; determination of validity.

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 sections 39-1601 to 39-1636 from and including the petition for the organization of the district and all other proceedings which may affect the legality or validity of the bonds. The court, in inquiring into the regularity, legality, or correctness of such proceedings, must disregard an error, irregularity, or omission which does not affect the substantial rights of the parties to such special proceedings. It may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall, among other things, find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed in sections 39-1601 to 39-1636. The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court. If the court shall determine the proceedings for the organization of the district and the issuing of the bonds legal and valid, the board of trustees shall then prepare a written statement beginning with the filing of the petition for the organization of the district, including all subsequent proceedings for the organization of the district and the issuing of the bonds, and ending with the decree of the court finding the proceedings for the organization of the district and the proceedings for the voting and issuing of the bonds legal and valid. The written statement shall be certified under oath by the board of trustees of the district.

Source:Laws 1957, c. 155, art. III, § 32, p. 538; Laws 2001, LB 420, § 28.    


39-1633. Agreements with county, state, and federal governments; proration of costs; application of payments and contributions.

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 shall be applied by the board of trustees to reduce such costs and assessments to the property owners of the district.

Source:Laws 1957, c. 155, art. III, § 33, p. 539.


39-1634. Maintenance of improvements; county responsibility; reimbursement by district.

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 available from the maintenance tax, after paying other costs of operation of the district from such tax.

Source:Laws 1957, c. 155, art. III, § 34, p. 539; Laws 1969, c. 145, § 36, p. 695; Laws 1979, LB 187, § 160.


39-1635. Repealed. Laws 1959, c. 130, § 5.

39-1636. Improvements; plans and specifications; court validation proceedings and decree; filing.

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 validation has been entered, a copy of the pleadings and showings, as well as the final decree of the court, shall be filed in the office of the county clerk and the county engineer in the county or counties in which the road improvement district is located.

Source:Laws 1957, c. 155, art. III, § 36, p. 539.


39-1636.01. Road lighting system; petition; special assessment; limitation.

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 lighting systems sufficient to light any road in the district or any portion thereof when, in the judgment of the board of trustees, the lighting of such road or any portion thereof is in the interest of public safety. The cost of installing, maintaining, and operating such road lighting systems shall be levied as a special assessment against the real property specially benefited thereby in proportion to the benefit received. No such special assessment shall exceed thirty-five cents on each one hundred dollars upon the taxable valuation of such property.

Source:Laws 1961, c. 201, § 1, p. 604; Laws 1979, LB 187, § 161; Laws 1992, LB 719A, § 140; Laws 2015, LB361, § 56.    


39-1637. Road districts; commissioner counties; seven or more commissioners; assessment; levy; limitation; fund; use.

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 of not to exceed two and one-tenth cents on each one hundred dollars upon the taxable value of all the taxable property in such district subject to section 77-3443. Upon receipt of the petition, the board of county commissioners shall make the assessment as requested on the taxable value of all the taxable property in such district at the valuation fixed by the assessor or board of equalization, to be levied and collected the same as other taxes. Such taxes shall (1) be and become a part of the district road fund in which the same are levied, (2) be used exclusively in improving the public highways in such district, and (3) not be transferred to any other fund. The board of county commissioners shall designate the road or roads in such district where such levy shall be expended.

Source:Laws 1957, c. 155, art. III, § 37, p. 540; Laws 1979, LB 187, § 162; Laws 1992, LB 719A, § 141; Laws 1996, LB 1114, § 58.


Cross References

39-1638. Rural road improvement district; terms, defined.

For purposes of the Rural Road Improvement District Act, unless the context otherwise requires:

(1) Persons shall include individuals, corporations, partnerships, and limited liability companies;

(2) Board, board of county commissioners, or board of county supervisors shall mean the governing body of the county; and

(3) Improvement shall mean the completed road and all work incidental thereto.

Source:Laws 1963, c. 213, § 1, p. 680; Laws 1981, LB 200, § 1; Laws 1993, LB 121, § 212.


39-1639. Resolution; contents.

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 therefor in a proposed resolution, which resolution shall state (1) the road or roads to be improved, (2) if a new road is contemplated, the general location of the new road or changes in location of an existing road, (3) the general description of the proposed improvement, and if the road is to be surfaced, the materials to be used therefor, (4) a rough estimate of the total cost of the improvement, which may be made by the county surveyor or any engineer or competent person and need not be based on detailed plans and specifications, (5) proposed method of financing, and (6) the outer boundaries of the district in which it is proposed to levy special assessments.

Source:Laws 1963, c. 213, § 2, p. 680; Laws 1981, LB 200, § 2.


39-1640. Petition; filing; contents.

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 governing body of the county in which the proposed district is located shall prepare and propose the resolution as provided in section 39-1639. The petition shall state the improvements desired and the property to be included in the district.

Source:Laws 1963, c. 213, § 3, p. 681.


39-1641. Petition; hearing; notice.

The board shall set a time and place for hearing on the proposed resolution and give notice thereof by publication in a newspaper of general circulation in the county on the same day each week during two successive weeks immediately prior to such meeting and posting such notice in three conspicuous places in the proposed district.

Source:Laws 1963, c. 213, § 4, p. 681.


39-1642. Petition; hearing; objections; resolution of county board; contents.

If persons owning more than fifty percent in area of the real property in the proposed district file with the county clerk prior to the time set for hearing written objections to the formation of the district stating the reasons for their objections, the resolution shall not be passed. At the hearing, all persons interested in the proposed improvement shall be given an opportunity to be heard on any matters affecting the formation of the district or the improvements to be made therein. The hearing may be continued from time to time to give opportunity to ascertain all pertinent information. At or following said hearing the board may pass the resolution as proposed, amend the resolution and pass the amended resolution, or deny passage of the resolution. The amendments may, among other things, exclude any tracts included in the proposed resolution, include additional property in the district, or change the boundaries of the proposed district.

Source:Laws 1963, c. 213, § 5, p. 681; Laws 1981, LB 200, § 3.


39-1643. Advisory committee; appointment; compensation; expenses.

The board on passing the resolution creating the district shall appoint an advisory committee of not less than three persons residing in the district to advise with the board on all matters affecting the road improvement in the district, financing the cost thereof, and the levy of special assessments. The board may from time to time replace any person who resigns or refuses to act or appoint additional members to the advisory committee. The members of the committees shall receive no compensation for their services, but may be reimbursed for expenses incurred by them in performing their duties, with reimbursement for mileage to be computed at the rate provided in section 81-1176, and the amount thereof shall be included in the cost of the improvement.

Source:Laws 1963, c. 213, § 6, p. 681; Laws 1981, LB 204, § 60; Laws 1996, LB 1011, § 24.


39-1644. District; name; improvements; contract; county board; gifts and contributions; letting of bids.

The district when formed shall be known as Rural Road Improvement District No. ........ of .................... County. The district shall not include any lands located within a village or city. The board shall proceed as expeditiously as possible to make detailed plans for the improvement and improve the roads as generally outlined in the resolution, but may make such changes in the general plan of improvement found necessary to make the improvement more adequate. The improvement may include culverts, bridges and other drainage work and the county may construct fences along the right-of-way or contract with the adjoining owners to move any existing fences or construct new fences. The county may obtain any property necessary for the improvement by gift, purchase or by eminent domain. The county may accept gifts or contributions to assist in the costs of the improvement and may contract with the state or federal government for assistance in making said improvement and defraying the cost thereof. The county may contract for the entire improvement or any part thereof or may purchase the materials and do part of the work with its own equipment and employees. If the work is done by contract, bids shall be taken and the contract let in the same manner as letting other contracts for county work. The county may employ special engineers and special counsel to assist in the improvement and their compensation shall be considered as a part of the cost of the improvement.

Source:Laws 1963, c. 213, § 7, p. 682.


Annotations

39-1645. Improvements; cost; partial payment; warrants; interest.

To pay the cost of the improvement as the work progresses the county may issue progress warrants drawn against the rural road improvement fund for the total cost of materials purchased on receipt of the materials, for the right-of-way acquired, for engineering and legal expense, and other incidental expenses, and ninety-five percent of the cost of the work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project by the contractor as certified by the engineer in charge. On completion of the contract and the acceptance of the improvement by the county, a warrant may be drawn for the balance due the contractor. The warrants shall draw interest at the rate set by the county board. The county shall pay to the contractor interest, at the rate of eight percent per annum on the amounts due on partial and final payments, beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body and running until the date that the warrant is tendered to the contractor.

Source:Laws 1963, c. 213, § 8, p. 682; Laws 1969, c. 51, § 107, p. 339; Laws 1975, LB 112, § 9.


39-1646. Rural road improvement fund; establish; county board.

The county shall establish a special fund for each district to be known as rural road improvement district No. ........... fund, and credit to said fund all contributions including money transferred from the county's general fund, all money collected as special assessments, or special levies against the property in the district, and all money received from the sale of the bonds issued under the provisions of section 39-1648. All expenses incurred in connection with the improvement and not paid out of the general funds of the county shall be paid by warrants drawn on said rural road improvement fund.

Source:Laws 1963, c. 213, § 9, p. 683.


39-1647. Assessments; equalization; hearing; notice; publication; lien; interest.

On completion and acceptance of the improvement the engineer in charge shall make and file with the county clerk a statement of the complete cost of the improvements, including interest accruing on the progress warrants. The board with the assistance of the advisory committee and special counsel and engineer in charge shall determine what part of the costs shall be specially assessed to the property in the district and shall prepare a proposed schedule of assessments against all properties in the district deemed specially benefited by the improvements. Any land in the district may be specially assessed for the amount it is specially benefited even though the property does not adjoin the road improved. The board shall fix a time and place when it will sit as a board of adjustment and equalization and give notice thereof by publication on the same day of each week for two consecutive weeks immediately prior to the meeting in a newspaper of general circulation in the county and by mailing a copy of the notice to each record owner of property proposed to be specially assessed. At the meeting the board shall equalize and levy the special assessments. All special assessments provided for in this section shall be a lien on the property from date of levy and shall become due fifty days after date of levy and may be paid within that time without interest but if not so paid they shall bear interest thereafter at a rate established by the board not to exceed the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until delinquent. Such assessments shall become delinquent in equal annual installments over a period of not to exceed ten years as the board may determine at the time of making the levy. Delinquent installments shall bear interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until paid and shall be collected in the usual manner for the collection of taxes.

Source:Laws 1963, c. 213, § 10, p. 683; Laws 1981, LB 167, § 30; Laws 1991, LB 63, § 1.


39-1648. Bonds; issuance; sale; maturity; interest; general obligation of county.

On completion and acceptance of the improvement, the county shall issue and sell at not less than par bonds of the county in an amount sufficient to pay the balance of the costs of the improvements, taking into account the amounts collected on special assessments and any funds contributed to the district. The bonds shall mature in not to exceed ten years from their date and bear interest payable annually or semiannually. The bonds shall constitute a general obligation of the county, but all special assessments, special taxes, or contributions made to the district shall constitute a sinking fund for the payment of the bonds. The county shall collect all special assessments and special taxes and levy and collect annually a tax on all taxable property in the county sufficient in rate and amount to pay any deficiency on the amount required to pay both principal and interest on the bonds as the same fall due. The bonds and tax authorized in this section shall be in addition to all other bonds and taxes authorized by law and shall not be included in computing any statutory limitation on the amount of bonds or tax which may be issued or levied by the county.

Source:Laws 1963, c. 213, § 11, p. 684; Laws 1969, c. 51, § 108, p. 340; Laws 1992, LB 719A, § 142.


39-1649. Roads of district; part of county road system; special levy; limitation; receipts; rural road improvement district fund.

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. If the owners of more than fifty percent of the area in the district petition the board for maintenance in excess of that given other similar county roads, the board may levy and collect annually a special levy of not to exceed three and five-tenths cents on each one hundred dollars on all taxable property in the district subject to section 77-3443. The money as collected shall be credited to the rural road improvement district fund and used only for the repair and maintenance of the roads in the district.

Source:Laws 1963, c. 213, § 12, p. 684; Laws 1979, LB 187, § 163; Laws 1992, LB 719A, § 143; Laws 1996, LB 1114, § 59.


39-1650. Advisory committee; enlarge district; proposal filed with county board.

When it shall be deemed advisable by the advisory committee of the district to enlarge the boundaries thereof, and the conditions mentioned in section 39-1639 apply to such enlarged territory, a petition for the enlargement of the district, signed by persons owning not less than twenty-five percent of the territory proposed to be added to the district, may be filed with the county clerk and thereupon the board shall proceed in all respects as provided in sections 39-1640 to 39-1643, so far as applicable.

Source:Laws 1963, c. 213, § 13, p. 685.


39-1651. District; withdrawal; petition; signatures required; hearing; notice; resolution of county board; obligation of district; effect.

A petition seeking the withdrawal of real property from such district, signed by persons owning not less than twenty-five percent of the territory proposed to be withdrawn may be filed with the county clerk. The board shall set a time and place for hearing as set forth in sections 39-1641 and 39-1642. At the hearing the board may pass a resolution permitting the withdrawal of the proposed territory. Any area withdrawn from the district shall be subject to assessment and be otherwise chargeable for the payment and discharge of all the obligations outstanding at the time of filing the petition for withdrawal. An area withdrawn from a district shall not be subject to assessment or otherwise chargeable for any obligations of any nature or kind incurred after the withdrawal of the area from the district.

Source:Laws 1963, c. 213, § 14, p. 685.


39-1652. District; consolidation; petition; hearing; notice; resolution of county board.

Upon the filing of a petition with the county clerk by persons owning not less than twenty-five percent of the territory of each district of the county proposing a consolidation of the districts, the board shall set a time and place for hearing as set forth in sections 39-1641 and 39-1642. At the hearing the board may pass a resolution consolidating the districts petitioning to be consolidated.

Source:Laws 1963, c. 213, § 15, p. 685.


39-1653. District; dissolution; petition; hearing; notice; resolution of county board; funds; disposition.

Upon the filing of a petition for dissolution with the county clerk by persons owning not less than twenty-five percent of the territory of the district, the board shall set a time and place for hearing as set forth in sections 39-1641 and 39-1642. At the hearing the board may pass a resolution dissolving the district. The board shall perform all acts necessary to wind up the affairs of the district. All funds remaining after discharge of the district's indebtedness shall be deposited in the general fund of the county.

Source:Laws 1963, c. 213, § 16, p. 686.


39-1654. Sections, how construed.

Sections 39-1638 to 39-1655 shall constitute a separate and independent act and shall not be considered as an amendment of any existing law.

Source:Laws 1963, c. 213, § 17, p. 686.


39-1655. Act, how cited.

Sections 39-1638 to 39-1655 shall be known as the Rural Road Improvement District Act.

Source:Laws 1963, c. 213, § 18, p. 686.


39-1701. County road purposes; property acquisition; eminent domain; power of county board.

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 behalf of the county, take, hold and appropriate such property by the exercise of the power of eminent domain, the procedure therefor to be exercised in the manner set forth in Chapter 76, article 7. All costs, expenses, and damages incurred shall be paid out of the general fund of the county or the county road fund.

Source:Laws 1957, c. 155, art. IV, § 1, p. 540; Laws 1973, LB 493, § 1.


39-1702. County road purposes, defined; property acquisition; gift; purchase; exchange; eminent domain; authority of county board; annexation by city or village; effect.

(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, exchange, condemnation, or otherwise. Such lands or real property may be acquired in fee simple or in any lesser estate.

(2) County road purposes, as referred to in subsection (1) of this section, shall include provisions for, but shall not be limited to, the following: (a) The establishment, construction, reconstruction, relocation, improvement, or maintenance of any county road. The right-of-way for such roads shall be of such width as is deemed necessary by the county board; (b) adequate drainage in connection with any road, cut, fill, channel change, or the maintenance thereof; (c) shops, offices, storage buildings and yards, and road maintenance or construction sites; (d) road materials, sites for the manufacture of road materials, and access roads to such sites; (e) the preservation of objects of attraction or scenic value adjacent to, along, or in close proximity to county roads and the culture of trees and flora which may increase the scenic beauty of county roads; (f) roadside areas or parks adjacent to or near any county roads; (g) the exchange of property for other property to be used for rights-of-way or other purposes set forth in this subsection or subsection (1) of this section if the interest of the county will be served and acquisition costs thereby reduced; (h) the maintenance of an unobstructed view of any portion of a county road so as to promote the safety of the traveling public; (i) the construction and maintenance of stock trails and cattle passes; (j) the erection and maintenance of marking and warning signs and traffic signals; and (k) the construction and maintenance of sidewalks and road illumination.

(3) The county board may (a) designate and establish controlled-access facilities, (b) design, construct, maintain, improve, alter, and vacate such facilities, and (c) regulate, restrict, or prohibit access to such facilities so as to best serve the traffic for which such facilities are intended. No road, street, or highway shall be opened into or connected with such facility without the consent of the county board. In order to carry out the purposes of this subsection, the county board may acquire, in public or private property, such rights of access as are deemed necessary. Such acquisitions may be by gift, devise, purchase, agreement, adverse possession, prescription, condemnation, or otherwise and may be in fee simple absolute or in any lesser estate or interest. An adjoining landowner shall not be denied reasonable means of egress and ingress. When a county road adjoins the corporate limits of any city or village, the powers granted in this subsection may be exercised by the governing body of such city or village.

(4) When a city or village annexes a county road, the powers that are granted to the county board in this section and any recorded or prescriptive easement held by the county on the annexed property for road purposes are transferred to and may be exercised by the governing body of the city or village.

Source:Laws 1957, c. 155, art. IV, § 2, p. 541; Laws 1973, LB 493, § 2; Laws 2013, LB377, § 1.    


39-1703. State lands; acquisition for county road purposes; approval of Governor and Department of Transportation; damages.

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 maintain a county road or a city or village street or to provide adequate drainage for such roads or streets. The procedure for such acquisition shall, as nearly as possible, be that provided in sections 72-224.02 and 72-224.03. Prior to taking any land for any such purposes, a certificate that the taking of such land is in the public interest must be obtained from the Governor and from the Department of Transportation and be filed in the office of the Department of Administrative Services and a copy thereof in the office of the Board of Educational Lands and Funds. The damages assessed in such proceedings shall be paid to the Board of Educational Lands and Funds and shall be remitted by that board to the State Treasurer for credit to the proper account.

Source:Laws 1957, c. 155, art. IV, § 3, p. 542; Laws 1969, c. 317, § 10, p. 1149; Laws 2017, LB339, § 141.    
Operative Date: July 1, 2017


39-1704. County and township roads; establishment or alteration; survey and marking; county and township boards; duties.

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 plainly marked; Provided, such county board or township board shall be bound to comply with the provisions of this section only to the extent necessary to accurately determine and mark the location of such road.

Source:Laws 1957, c. 155, art. IV, § 4, p. 542.


39-1705. Survey; boundary lines; how marked.

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 along the line thereof where an expenditure of public money or labor will be required. The boundary line of each side of the road shall be marked by substantial stakes driven on the summits of hills, crossings of watercourses, and other convenient places, and in the prairie at reasonable intervals. All stakes driven to indicate said boundary lines shall be marked C. R., the initial letters of County Roads, on the sides facing the road and angles thereof.

Source:Laws 1957, c. 155, art. IV, § 5, p. 542.


39-1706. Survey; monuments; bearing.

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, when the bearing is to a tree, the measurement shall be to the middle of the same.

Source:Laws 1957, c. 155, art. IV, § 6, p. 543.


39-1707. Survey; plat; field notes; filing.

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.

Source:Laws 1957, c. 155, art. IV, § 7, p. 543.


39-1708. Corner markers; perpetuation; duty of county board; notice of destruction.

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 to be established witness corners in at least two directions and cause such work to be recorded after the manner of other surveys. It shall be the duty of every person supervising the construction, improvement or maintenance of the public roads or highways, to notify the county surveyor of the destruction of any corners of land surveys. If there is no county surveyor in the county, then such notice shall be given to the county board.

Source:Laws 1957, c. 155, art. IV, § 8, p. 543.


Cross References

39-1709. Corner markers; loss or destruction; report to county board; liability for failure to report.

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 sustained by landowners by reason of such failure or neglect.

Source:Laws 1957, c. 155, art. IV, § 9, p. 544.


39-1710. New or altered roads; plats; records; duties of county board.

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 to the same may be found.

Source:Laws 1957, c. 155, art. IV, § 10, p. 544.


39-1711. Road plat record; contents; entries, when made; duties of county board.

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 recorded and entered on the proper page of the road plat record with appropriate reference to the files in the office of the county clerk in which the papers relating to the same may be found.

Source:Laws 1957, c. 155, art. IV, § 11, p. 544.


39-1712. Resurvey; when ordered.

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 the proper office, the county board may, if it deems it necessary, cause such road to be resurveyed, platted and recorded as provided in sections 39-1705 to 39-1707.

Source:Laws 1957, c. 155, art. IV, § 12, p. 544.


39-1713. Isolated land; access; affidavit; petition; hearing before county board; time; terms, defined.

(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 all sides by real estate belonging to other persons, or by such real estate and by water, (c) that he or she is unable to purchase from any of such persons the right-of-way over or through the same to a public road or that it cannot be purchased except at an exorbitant price, stating the lowest price for which the same can be purchased by him or her, and (d) asking that an access road be provided in accordance with section 39-1716, the county board shall appoint a time and place for hearing the matter, which hearing shall be not more than thirty days after the receipt of such affidavit. The application for an access road may be included in a separate petition instead of in such affidavit.

(2) For purposes of sections 39-1713 to 39-1719:

(a) Access road means a right-of-way open to the general public for ingress to and egress from a tract of isolated land provided in accordance with section 39-1716; and

(b) State of Nebraska includes the Board of Educational Lands and Funds, Board of Regents of the University of Nebraska, Board of Trustees of the Nebraska State Colleges, Department of Transportation, Department of Administrative Services, and Game and Parks Commission and all other state agencies, boards, departments, and commissions.

Source:Laws 1957, c. 155, art. IV, § 13, p. 544; Laws 1982, LB 239, § 1; Laws 1999, LB 779, § 4;    Laws 2017, LB339, § 142.    
Operative Date: July 1, 2017


Annotations

39-1714. Isolated land; access by private road only; affidavit; petition; hearing before county board.

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 board shall, upon the filing of an affidavit or affidavit and petition asking that an access road be provided in accordance with section 39-1716, substantially in the manner set forth in section 39-1713, setting forth such facts, appoint a time and place and hold a hearing thereon in the manner set forth in section 39-1713.

Source:Laws 1957, c. 155, art. IV, § 14, p. 545; Laws 1999, LB 779, § 5.    


Annotations

39-1715. Isolated land; access; hearing; notice; service; posting.

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 least fifteen days' written notice of the time and place of the hearing shall be given to all of the owners and occupants of the lands through which the access road may pass. The notice shall be served personally or by leaving a copy thereof at the usual place of abode of each occupant of such lands and, whenever possible, by either registered or certified mail to the owners of such lands.

Source:Laws 1957, c. 155, art. IV, § 15, p. 545; Laws 1982, LB 239, § 2; Laws 1999, LB 779, § 6.    


39-1716. Isolated land; access road; damages; powers of county board; costs; maintenance.

(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 the isolation of the land was not caused by the owner or by any other person with the knowledge and consent of the owner, and (d) that access is necessary for existing utilization of the isolated land, proceed to provide an access road and, if it finds that the amount of use and the number of persons served warrants such action, may lay out a public road to such real estate.

(2) The county board shall appraise the damages to be suffered by the owner or owners of the real estate over or through which the access road will be provided. Such damages shall be paid by the person petitioning that the access road be provided. For any real estate purchased or otherwise acquired after January 1, 1982, for which public access is granted pursuant to sections 39-1713 to 39-1719, the person petitioning for such access shall also reimburse the county for all engineering and construction costs incurred in providing such access.

(3) Notwithstanding any other provisions of law, an access road provided in accordance with this section shall not be subject to Chapter 39, article 20 or 21. The designation of such an access road shall not impose on the State of Nebraska or any political subdivision any obligation of design, construction, or maintenance for the access road nor give rise to any cause of action against the state or any political subdivision with respect to the access road.

Source:Laws 1957, c. 155, art. IV, § 16, p. 545; Laws 1982, LB 239, § 3; Laws 1999, LB 779, § 7.    


Annotations

39-1717. Isolated land; location of access road.

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 watercourse.

Source:Laws 1957, c. 155, art. IV, § 17, p. 546; Laws 1982, LB 239, § 4; Laws 1999, LB 779, § 8.    


39-1718. Isolated land; access road; order of county board; award of damages; payment; filing of order.

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 that the amount assessed as damages to the owner or owners of the real estate shall be paid to the county treasurer before the order providing for the access road is filed.

Source:Laws 1957, c. 155, art. IV, § 18, p. 546; Laws 1982, LB 239, § 5; Laws 1999, LB 779, § 9.    


39-1718.01. Isolated land; changes in law; applicability.

Sections 39-1713 to 39-1719 shall not apply if public access has been granted prior to July 17, 1982.

Source:Laws 1982, LB 239, § 6; Laws 1999, LB 779, § 10.    


39-1719. Isolated land; access road; award; appeal; procedure.

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 notice and proof of service thereof with the clerk of the court within the sixty days. Thereupon the appeal shall be set down for hearing at the next term of the court. It shall be heard and determined in like manner as appeals from awards in condemnations as provided in sections 76-704 to 76-724. Such appeal shall not affect the right or authority of the petitioner to the use of the access road under the award of the appraisers.

The applicant shall in case of appeal file such additional security as may be required by the county board for such costs and damages as may accrue against him or her by reason of such appeal. If on appeal the appellant does not obtain a more favorable judgment and award than was given by the appraisers, such appellant shall pay all the costs of such appeal. Either party to such suit may appeal from the decision of the district court to the Court of Appeals, and the sum deposited as provided in this section shall remain in the hands of the county treasurer until a final decision is had.

Source:Laws 1957, c. 155, art. IV, § 19, p. 546; Laws 1961, c. 189, § 8, p. 583; Laws 1991, LB 732, § 99; Laws 1999, LB 779, § 11.    


39-1720. Roads to bridge on county line; opening; maintenance; closing or vacating.

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 public road. Each county shall bear the expense necessary to open and maintain such roads in good condition for travel. Such roads shall not be closed or vacated except by concurrent action of the county boards of both counties.

Source:Laws 1957, c. 155, art. IV, § 20, p. 547.


39-1721. County and township roads; portions within cities or villages; subject to municipal regulations.

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.

Source:Laws 1957, c. 155, art. IV, § 21, p. 547.


39-1722. Road vacation or abandonment; resolution of county board directing study; report to board; permanent record.

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 highway superintendent then such person as the board may direct to study the use being made of such public road and to submit in writing to the county board within thirty days, a report upon the study made and his or her recommendation as to the vacation or abandonment thereof. Said resolution and report shall be retained in the office of the county clerk as a part of the permanent public records of the county board; Provided, that the county board shall not require vacation or abandonment of any public road or any part thereof which is within the area of the zoning jurisdiction of a city of the metropolitan, primary, or first class without the prior approval of the governing body of such city.

Source:Laws 1957, c. 155, art. IV, § 22, p. 547; Laws 1971, LB 192, § 2; Laws 1980, LB 607, § 1.


Annotations

39-1723. Road vacation or abandonment; electors' petition; contents; study and report.

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 shall contain (1) the names and addresses of said electors, (2) a clear and unambiguous description of the road proposed to be vacated or abandoned, (3) the reason or reasons why said road should be vacated or abandoned, and (4) a request that a time and date be set for public hearing before the county board. The county board shall within two weeks thereafter direct the county highway superintendent, or in counties having no highway superintendent then such person as the board may direct, to proceed in the manner set forth in section 39-1722.

Source:Laws 1957, c. 155, art. IV, § 23, p. 547; Laws 1961, c. 189, § 9, p. 583; Laws 1980, LB 607, § 2.


39-1724. County board resolution ordering public hearing; publication; service of notice on adjacent landowners and municipality.

Upon receipt of the report, as provided in section 39-1722, the county board shall adopt a resolution fixing the time, date, and place for public hearing. Such resolution shall contain a clear and unambiguous description of the road to be vacated or abandoned. The county board shall cause such resolution to be published once a week for three consecutive weeks in a legal newspaper published in the county or, if none is published in the county, in a legal newspaper of general circulation in the county. Whenever possible the board shall cause copies to be served by either registered or certified mail upon the owners of land abutting on or adjacent to the road to be vacated or abandoned and upon the planning and public works directors of a city of the metropolitan, primary, or first class when such road or any part thereof is within the area of the zoning jurisdiction of such city by mailing the same to the last-known address of each owner not less than two weeks in advance of the hearing.

Source:Laws 1957, c. 155, art. IV, § 24, p. 548; Laws 1971, LB 192, § 3; Laws 1980, LB 607, § 3; Laws 1986, LB 960, § 30.


39-1725. Order of county board; contents; conditions and vote required for vacation or abandonment; resolution; disposition.

After the public hearing 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. Vacation and abandonment shall not be ordered except upon vote of two-thirds of all members of the board and the prior approval of the governing body of a city of the metropolitan, primary, or first class has been obtained when any public road or any part thereof is within the area of the zoning jurisdiction of such city. If such road lies within a township in a county operating roads on a township basis the road shall not be vacated or abandoned unless an offer has been made to relinquish to the township in the manner provided in section 39-1726.

In the event that the county board decides to vacate or abandon, its resolution shall state upon what conditions, if any, the vacation or abandonment shall be qualified and particularly whether or not the title or right-of-way to any vacated or abandoned fragment or section of road shall be sold, revert to private ownership, or remain in the public. If the county board fails to specify in a resolution as to the disposition of right-of-way, and if there shall be nonuse of such right-of-way for any public purpose for a continuous period of not less than ten years, the right-of-way shall revert to the owners of the adjacent real estate, one-half on each side thereof. When the county vacates all or any portion of a road, the county shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating resolution with the register of deeds for the county to be indexed against all affected lots.

Source:Laws 1957, c. 155, art. IV, § 25, p. 548; Laws 1959, c. 167, § 7, p. 611; Laws 1971, LB 192, § 4; Laws 1972, LB 1277, § 1; Laws 1980, LB 607, § 4; Laws 2001, LB 483, § 7.    


Cross References

Annotations

39-1726. County operating roads on a township basis; offer to relinquish; procedure; vacation in metropolitan cities; notice to city planning director.

(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 such township. Such offer to relinquish may be conditional or subject to the reservation of any right which the county board deems necessary and proper. Four months after sending the written notification, the county board may proceed to abandon such county road unless a petition from a notified township has been filed with the county board setting forth that the township desires to maintain such road, or portion thereof, subject to the reservations contained in the notice. The county board may reject any petition which does not accept the conditions or reservations set forth in the notice. The petition and the acceptance or rejection thereof by the county board shall be placed upon public record in the office of the county clerk. In the event the petition is accepted, the county board shall by resolution relinquish the county road to the township. From the date of the resolution the county shall be relieved of all responsibility in relation to the road. In the event a petition for relinquishment is not received within four months or in the event that the petition for relinquishment is not accepted, the county board shall, by resolution, state whether the vacated or abandoned road shall be retained or disposed of by sale, or by reverter to the adjacent property or otherwise.

(2) In any county in which is located a city of the metropolitan class, written notification of the proposed vacation or abandonment shall be given to the planning director of the city, and any recommendations which the officer shall make shall be received and considered before such vacation or abandonment is effected.

(3) When the county vacates or abandons all or any portion of a county road, the county shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating resolution with the register of deeds for the county in which the vacated property is located to be indexed against all affected lots.

Source:Laws 1957, c. 155, art. IV, § 26, p. 549; Laws 1963, c. 237, § 1, p. 727; Laws 1980, LB 607, § 5; Laws 2001, LB 483, § 8.    


39-1727. County roads; detachment from county road system.

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 obliged to maintain the same and the maintenance and improvement of the road shall thereafter devolve upon the township.

Source:Laws 1957, c. 155, art. IV, § 27, p. 550.


39-1728. Barricading of county or township roads by Department of Transportation permitted; conditions; procedure.

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 prior thereto the written notice has been given by the department to the county or township board having jurisdiction of the road to be barricaded and that within thirty days from the date such notice was given, the county or township board, as the case may be, has not adopted by unanimous vote of all its members and delivered to the department a resolution opposing the barricading of such road; and provided further, that road crossings shall be provided along such controlled- or limited-access facilities at intervals of not to exceed five miles unless the consent of the county board has been obtained for the establishment of fewer crossings.

Source:Laws 1957, c. 155, art. IV, § 28, p. 550.


Annotations

39-1729. Access to public roads; right assured; landowners may waive; condemnation.

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 lots.

Source:Laws 1957, c. 155, art. IV, § 29, p. 550.


39-1730. Public roads; elimination of railroad crossings; petition; procedure.

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 crossing should be eliminated in the interest of public safety. Such petition shall be filed with the county clerk of the county in which such part of a public road is located. The same procedure shall be followed in the elimination of railroad grade crossings as is provided for the relocation, vacation, and abandonment of public roads as set forth in sections 39-1722 to 39-1725.

Source:Laws 1957, c. 155, art. IV, § 30, p. 551.


39-1731. Roads along or across county line; discontinuance.

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 public roads.

Source:Laws 1957, c. 155, art. IV, § 31, p. 551.


39-1801. County and township roads; temporary closing; detours; authority of county and township board; barricades; violation; penalty.

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 provide for the public safety, such road or part of a road may be temporarily closed, and when feasible a suitable detour provided, or the weight limitations of wheel and axle loads as defined in subsections (2) through (4) of section 60-6,294 may be restricted to the extent deemed necessary for a reasonable period where the subgrade or pavement of such roads is weak or materially weakened by climatic conditions, by the county board as to county roads within the county and by the township board as to township roads within the township or by the person to whom the county board or township board has delegated the authority to temporarily close roads within the particular county or township.

Whenever such road or part of a road is temporarily closed, the person, board, or contractor therefor shall erect, at both ends of the portion of the road so closed, suitable barricades, fences, or other enclosures and shall post signs warning the public that the road is closed by authority of law. Such barricades, fences, enclosures, and signs shall serve as notice to the public that such road is unsafe and that anyone entering such closed road, without permission, does so at his or her own peril.

Whenever a road or part of a road is undergoing construction, repair, or maintenance, while the public use thereof is permitted, traffic thereon may be regulated, limited, or controlled under the same authority as such road may be temporarily closed.

Any person who violates any provision of this section or who removes or interferes with any barricade, fence, enclosure, or warning sign required by this section shall be guilty of a Class V misdemeanor.

Source:Laws 1957, c. 155, art. V, § 1, p. 551; Laws 1961, c. 181, § 9, p. 541; Laws 1977, LB 40, § 215; Laws 1993, LB 370, § 41.


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.

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 measures beyond the road right-of-way limits wherever it is deemed necessary in order to protect the roads and drainage facilities from damage. The county board or road overseer shall have the authority to enter upon private or public property for the purposes listed in this section. The county board or road overseer shall make a record of the condition of the premises at the time of entry upon the premises or a record of any claimed encroachment of the road right-of-way that can be used in the event of damages to private property. In case of any damage to the premises, the county board shall pay the record owner of the premises the amount of the damages. Upon failure of the landowner and county board to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705. The county board or road overseer shall give the record owner of the premises ten days' notice of its intention to enter upon private property for purposes listed in this section or to modify, relocate, remove, or destroy any encroaching private property in the county road right-of-way for such purposes. Upon notice the record owner shall have five days to respond to the county board or road overseer. In the event of an emergency or a threat to public health, safety, or welfare, the notice requirement of this section may be waived.

Source:Laws 1957, c. 155, art. V, § 2, p. 552; Laws 2013, LB386, § 1.    


39-1803. Public road within city limits; maintenance by county; when authorized.

(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 proper condition for travel the full width of such road, including the portion which lies within the corporate limits as well as the portion which lies outside of the corporate limits, and to pay the cost and expense of such maintenance, repair, and upkeep, so long as the road remains unpaved.

(2) A county may enter into an agreement under the Interlocal Cooperation Act with a city or village located in such county to appropriate and use county road funds for the improvement, maintenance, or repair of a road or street that is:

(a) Located within the corporate limits of the city or village if the street is classified as other arterial, collector, or local under subdivisions (4) through (6) of section 39-2104 and such street acts as a direct link or extension of an other arterial as described in subdivision (5) of section 39-2103;

(b) Located on the boundary between the corporate limits of the city or village and the county; or

(c) A city or village road or street directly impacted by county operations or through traffic.

Source:Laws 1957, c. 155, art. V, § 3, p. 552; Laws 2002, LB 616, § 1.    


Cross References

39-1804. Main thoroughfare through cities and villages of 1,500 inhabitants or less; graveling by county; when authorized; chargeable to Highway Allocation Fund.

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 and villages having a population of not more than fifteen hundred inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census and shall charge the cost of such improvement to that portion of the Highway Allocation Fund allocated to such counties from the Highway Trust Fund under section 39-2215. No improvement of any street or streets in cities of the second class or villages having a population of not more than fifteen hundred inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall be made under the provisions of this section unless the street or streets, when graveled, will constitute one main thoroughfare through such city or village that connects with or forms a part of the county highway system of such county which has been or which shall be graveled up to the corporate limits of such city or village. Before being entitled to such county aid in graveling such thoroughfare, the same must have been properly graded by such city or village in accordance with the grade established in the construction of the county road system.

Source:Laws 1957, c. 155, art. V, § 4, p. 553; Laws 1972, LB 1058, § 13; Laws 1986, LB 599, § 10; Laws 2017, LB113, § 41.    
Effective Date: August 24, 2017


39-1805. Snow fences; access to adjacent property authorized; damages; payment.

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 fences wherever it is deemed necessary in order to prevent snow drifting on the traveled portion of such road. Such snow fences shall be erected in such a manner as to provide the most protection to the road and shall not be placed on such property prior to October 15, nor remain on such property after April 1, without the consent of the property owner. In case of any damage to such property, the county shall pay the amount of such damage to the owner of the property.

Source:Laws 1957, c. 155, art. V, § 5, p. 553.


39-1806. Snow fences; refusal of access to lands; willful or malicious damage; other violations; penalty.

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 maliciously damage or destroy any snow fence installed and erected, as provided for by law, shall be guilty of a Class III misdemeanor.

Source:Laws 1957, c. 155, art. V, § 6, p. 554; Laws 1977, LB 40, § 216.


39-1807. Road lighting system; installation, maintenance, operation; powers of county board.

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 county board, the lighting of such road or any portion thereof is in the interest of public safety. The cost of installing, maintaining, and operating such road lighting systems shall be paid out of funds that are available for the construction and maintenance of county roads.

Source:Laws 1957, c. 155, art. V, § 7, p. 554.


39-1808. Livestock lanes; when provided by county board.

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 which such cattle or other livestock shall be driven.

Source:Laws 1957, c. 155, art. V, § 8, p. 554.


39-1809. Livestock lanes; establishment; maintenance; powers of county board.

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 such lanes and driveways.

Source:Laws 1957, c. 155, art. V, § 9, p. 554.


39-1810. Livestock lanes; driving livestock on adjacent highway; penalty.

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.

Source:Laws 1957, c. 155, art. V, § 10, p. 554; Laws 1977, LB 40, § 217.


39-1811. Weeds; mowing; duty of landowner; neglect of duty; obligation of county board; cost; assessment and collection.

(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 sometime in September for the second time.

(2) This section shall not restrict landowners, a county, or a township from management of (a) roadside vegetation on road shoulders or of sight distances at intersections and entrances at any time of the year or (b) snow control mowing as may be necessary.

(3) Except as provided in subsection (2) of this section, no person employed by or under contract with a county or township to mow roadside ditches shall do such mowing before July 1 of any year.

(4) Whenever a landowner, referred to in subsections (1) and (5) of this section, neglects to mow the weeds as provided in this section, it shall be the duty of the county board on complaint of any resident of the county to cause the weeds to be mowed or otherwise destroyed on neglected portions of roads or ditches complained of.

(5) The county board shall cause to be ascertained and recorded an accurate account of the cost of mowing or destroying such weeds, as referred to in subsections (1) and (4) of this section, in such places, specifying, in such statement or account of costs, the description of the land abutting upon each side of the highway where such weeds were mowed or destroyed, and, if known, the name of the owner of such abutting land. The board shall file such statement with the county clerk, together with a description of the lands abutting on each side of the road where such expenses were incurred, and the county board, at the time of the annual tax levy made upon lands and property of the county, may, if it desires, assess such cost upon such abutting land, giving such landowner due notice of such proposed assessment and reasonable opportunity to be heard concerning the proposed assessment before the same is finally made.

Source:Laws 1957, c. 155, art. V, § 11, p. 555; Laws 2017, LB584, § 1.    
Effective Date: August 24, 2017


39-1812. Hedges and trees; trimming; duties of landowners.

Each landowner in this state upon whose land there is standing or growing any osage orange, willow or locust hedge fence, trees, or undergrowth, bordering the public roads, when such fence, trees, or undergrowth become a public nuisance to travel on the roads, or obstruct the view at or near railroad crossings, crossroads or abrupt turns in the road, shall keep the same trimmed not less than once a year by cutting back to within four feet of the ground, excepting trees, which shall be trimmed from the ground up eight feet, and the trimmings so cut shall be burned or removed from the road right-of-way within ten days after each cutting.

Source:Laws 1957, c. 155, art. V, § 12, p. 555.


39-1813. Hedges and trees; failure of landowner to trim; procedure; notice; hearing; order.

Whenever any landowner or his agent shall neglect to trim such hedge fence, trees, or undergrowth as provided in section 39-1812, it shall be the duty of the person in charge of county road maintenance in the area in which such hedge fence, trees, or undergrowth is located, to report the same in writing simultaneously to the county attorney and to the county board, giving the location of the hedge fence, trees, or undergrowth and declaring the same to be a public nuisance. The county attorney shall, upon receipt of such written notice, immediately serve written notice upon the owner of the hedge fence, trees, or undergrowth, or upon his agent, to have such hedge fence, trees, or undergrowth, trimmed and the trimmings burned or removed within ten days. Upon failure of the landowner or his agent to comply with the notice of the county attorney within ten days, the county attorney shall give notice in writing to the landowner or his agent, fixing a date for a hearing before the county board on the complaint previously entered, that the landowner or his agent is maintaining a public nuisance by failing to trim said hedge fence, trees, or undergrowth in accordance with the provisions of section 39-1812. The notice shall fix a time not earlier than the next regular meeting of the county board, and in any event not less than five days after the date of the notice, when the owner or agent may appear before the county board and a hearing shall be had upon the matter. The county attorney shall appear at the hearing on behalf of the county for the abatement of the alleged public nuisance maintained by the owner or agent of the land upon which the hedge fence, trees, or undergrowth may be found. If at the hearing it shall appear that the hedge fence, trees, or undergrowth named in the notice are in a condition contrary to the provisions of section 39-1812, the county board shall forthwith and at once declare such hedge fence, trees, or undergrowth a public nuisance, and make an immediate order for the trimming of the same in accordance with the provisions of section 39-1812. If the owner or agent shall neglect or fail to comply with the order within thirty days after receipt of such written notice, the county board shall cause the same to be done. The cost shall be paid from the general fund and a statement of such cost shall be recorded by the county board with the county clerk, giving a proper description of the lands whereon such hedge fence, trees, or undergrowth was trimmed, and the county clerk shall include such costs in making the county tax lists as an assessment and charge against such lands, which charge shall be a lien upon said lands and be collected the same as all other taxes regularly levied. Nothing in sections 39-1812 and 39-1813 shall be deemed to abridge the right of appeal from the finding of the county board to the district court.

Source:Laws 1957, c. 155, art. V, § 13, p. 556.


39-1814. Road over private property; when authorized; fences; auto gates.

Where it is apparent to the county board that a county or township road causes or would cause unnecessary burdens upon the county or township or upon the landowners adjoining such road, the county board may provide that such road may be fenced by such landowners; Provided, the safety and welfare of the traveling public are not substantially affected thereby; provided further, that the county board may install and maintain auto gates through such fences where the road crosses the fences; and provided further, that auto gates shall be not less than eighteen feet in length when located upon an established graded road.

Source:Laws 1957, c. 155, art. V, § 14, p. 557; Laws 1963, c. 238, § 1, p. 729.


39-1815. Road over private property; leaving gates open; penalty.

It shall be unlawful for any person traveling upon a road provided for in section 39-1814 to leave the gates open when he shall have passed through the same. Any person who violates the provisions of this section shall be guilty of a Class III misdemeanor.

Source:Laws 1957, c. 155, art. V, § 15, p. 557; Laws 1977, LB 40, § 218.


39-1816. Parking motor vehicles on right-of-way; county board; power to prohibit or restrict; violation; penalty.

In order to promote safety, power is conferred upon the county board of any county to prohibit or restrict the parking of motor vehicles on the right-of-way of county highways outside the corporate limits of any city or village and to erect and maintain appropriate signs thereon giving notice of no parking or restricted parking.

Any person, firm, association, partnership, limited liability company, or corporation which parks a motor vehicle in the right-of-way of a county highway where no parking or restricted parking signs have been erected or maintained, in violation of such signs, shall be guilty of a Class V misdemeanor. Whenever any peace officer finds a vehicle parked in violation of this section, he or she may move such vehicle at the expense of the registered owner or request the driver or person in charge of such vehicle to move such vehicle.

If any motor vehicle is found upon the right-of-way of any county highway in violation of this section and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be prima facie responsible for such violation.

Source:Laws 1963, c. 216, § 1, p. 688; Laws 1977, LB 40, § 219; Laws 1993, LB 121, § 213.


39-1817. Roads; water impoundment structure; when permitted; liability.

The county board of any county may, in accordance with sections 39-1817 to 39-1820, enter into an agreement with any agency or political subdivision of the state approving the construction of a water impoundment structure which, when completed, may result in the occasional and temporary storage or flowage of floodwaters upon, across, or adjacent to any road classified as a local road or remote residential road. Any such agreement may include such terms regarding the maintenance of such road or other matters incident to the construction and operation of such water impoundment structure as the parties to the agreement determine to be mutually acceptable. Conformance with sections 39-1817 to 39-1820 shall relieve the county board and all other parties to any such agreement of any liability for personal injury or property damage suffered by any person while utilizing any such road for travel during a period of inundation.

Source:Laws 1979, LB 265, § 1; Laws 1988, LB 903, § 1; Laws 2008, LB1068, § 2.    


39-1818. Water impoundment structure; approval; criteria considered.

A water impoundment structure which will result in temporary storage and flowage of water upon, across, or adjacent to a road upstream from such structure may be approved only if such road would not be inundated because of the storage in such structure of waters from a ten-year, twenty-four-hour or lesser frequency storm. A water impoundment structure which will also serve as a roadbed may be approved and constructed only if the structure would contain the runoff from a twenty-five-year, twenty-four-hour frequency storm without water overtopping such structure or being discharged through its emergency spillway, except that if the road which is subject to such inundation is classified as a local road or remote residential road with current average daily traffic of fifty vehicles or less, the containment of a ten-year, twenty-four-hour frequency storm shall be sufficient. In making the storm frequency determinations required by this section, any recognized method may be used.

Source:Laws 1979, LB 265, § 2; Laws 1988, LB 903, § 2; Laws 2008, LB1068, § 3.    


39-1819. Water impoundment structure; county board; erect warning devices; form; maintenance.

Whenever any water impoundment structure is approved pursuant to sections 39-1817 to 39-1820, it shall be the responsibility of the county board to erect at both ends of the portion of the road subject to such inundation permanent warning devices providing notice of the potential hazard. Such warning devices shall conform to the United States Department of Transportation's Manual of Uniform Traffic Control Devices, shall have printed thereon the words FLOOD AREA, and shall indicate the distance from such sign to the opposite extreme of the flood hazard area. The county board shall exercise reasonable care in maintaining such warning devices.

Source:Laws 1979, LB 265, § 3.


39-1820. Existing water impoundment structure; liability; relieved from; when.

Any liability of the type described in section 39-1817 which might arise because of the operation of a water impoundment structure constructed prior to April 3, 1979, shall be relieved by conformance by the county board with section 39-1819 even if conformance with the provisions of section 39-1818 has not been achieved.

Source:Laws 1979, LB 265, § 4.


39-1901. Road damages; payment from general fund; barricades by Department of Transportation; payment by department; claimant's petition.

All damages caused by the laying out, altering, opening, or discontinuing of any county road shall be paid by warrant on the general fund of the county in which such road is located, except that the Department of Transportation shall pay the damages, if any, which a person sustains and is legally entitled to recover because of the barricading of a county or township road pursuant to section 39-1728. Upon the failure of the party damaged and the county to agree upon the amount of damages, the damaged party, in addition to any other available remedy, may file a petition as provided for in section 76-705.

Source:Laws 1957, c. 155, art. VI, § 1, p. 558; Laws 2017, LB339, § 143.    
Operative Date: July 1, 2017


39-1902. Road districts; special tax levy; limit; collection; warrants; payment.

In order to provide for the payment of all outstanding road district warrants and to liquidate indebtedness against road districts, the county board of any county where such indebtedness exists is hereby authorized and empowered to levy a special tax not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such road districts or so much thereof as may be necessary to pay all the outstanding indebtedness of the character described in this section, except that in no case shall the taxes levied in any one year by the county board in any road district, including the county taxes for all purposes, exceed the aggregate of ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such road district unless such additional levy is authorized by a vote of the electors of the county. The levy shall be made by the county board at its regular annual meeting while assembled for the purpose of levying other taxes as provided by law. The tax shall be collected by the county treasurer in the same manner as other county taxes are collected, and all warrants shall be paid by the county treasurer in order in which they appear on his or her register.

Source:Laws 1957, c. 155, art. VI, § 2, p. 558; Laws 1979, LB 187, § 164; Laws 1992, LB 719A, § 144.


39-1903. Road districts; annual levies to meet deficiencies; limit.

In case the levy mentioned in section 39-1902 is not sufficient to pay the entire amount of the indebtedness of the various road districts, the county board in such counties where a deficiency exists shall annually thereafter make other levies for this purpose not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district in any one year until all the indebtedness against the road districts in such county has been paid.

Source:Laws 1957, c. 155, art. VI, § 3, p. 558; Laws 1979, LB 187, § 165; Laws 1992, LB 719A, § 145.


39-1904. Road tax; levy; same rate in rural and municipal areas; division between municipalities and counties; authorized expenditures.

The county board may levy the same rate of county road tax upon the property within cities and villages as is levied upon the property in the county not within cities and villages. One-half of such tax collected within cities or villages, when collected, shall be paid to the cities or villages within the county where levied to be used for the construction, improvement, or maintenance of municipal streets and alleys; and the remaining portion of such tax, when collected, shall be placed in the county road fund to be expended by the county board for construction, improvement, or maintenance of the roads and bridges in the county.

Source:Laws 1957, c. 155, art. VI, § 4, p. 559; Laws 1959, c. 183, § 1, p. 665.


39-1905. Road tax; special levy by petition; limit; contributions; district road fund; authorized expenditures.

Fifty-one percent of the resident freeholders of any road district, precinct, or township in this state, as shown by the records of the register of deeds of the county in which such road district, precinct, or township is situated, may petition the county board of the county in which such district, precinct, or township is located to levy an assessment of not to exceed ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such road district, precinct, or township. Upon receipt of such petition, the county board shall make the assessment, as requested, upon the taxable value of all the taxable property in such road district, precinct, or township to be levied and collected the same as other taxes. Such taxes and any voluntary contributions (1) shall be and become a part of the district road fund of the district, precinct, or township in which the taxes are levied, (2) shall be used exclusively in constructing or improving the public roads in such district, precinct, or township, and (3) shall not be transferred to any other fund. In counties under township organization, the township board shall designate the road or roads in such road district where such levy shall be expended. In other counties the county board shall designate the road or roads in such road district where such levy shall be expended.

Source:Laws 1957, c. 155, art. VI, § 5, p. 559; Laws 1979, LB 187, § 166; Laws 1992, LB 719A, § 146.


39-1906. Road construction or improvement; special levy; limit; bonds.

Any township or precinct may make a special levy, not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such township or precinct, to improve, to construct, or to aid in the improvement or construction of a road. For the same purpose, any township or precinct may issue bonds by proceeding in the manner prescribed in sections 39-836 to 39-842.

Source:Laws 1957, c. 155, art. VI, § 6, p. 560; Laws 1959, c. 167, § 8, p. 612; Laws 1971, LB 992, § 1; Laws 1979, LB 187, § 167; Laws 1992, LB 719A, § 147.


39-1907. County roads in township counties; construction or improvement; use of township road fund.

In counties under township organization, the electors of any township through which a county road passes, at any annual or special meeting, may direct the payment to the county, out of the township road fund, of such sum as may be determined upon and as the condition of such fund permits, to assist in the construction or improvement of the portion of said county road lying within such township.

Source:Laws 1957, c. 155, art. VI, § 7, p. 560.


39-1908. Federal-aid secondary highway; in city or village; improvement by county; approval by city or village; conditions; contribution.

Wherever a federal-aid secondary highway traverses or passes through any city or village, the county board may with the approval of the mayor and council or the chairman and board of trustees of such city or village, grade, pave, curb, gutter or hard-surface such highway lying in the corporate limits of such city or village; Provided, that such city or village may pay or contribute to the county highway fund of the county for paving or hard-surfacing such highway in an amount designated by the county board but not to exceed fifty percent of the cost of such project lying within the corporate limits of such city or village.

Source:Laws 1959, c. 184, § 1, p. 666; Laws 1963, c. 239, § 1, p. 730.


39-1909. Repealed. Laws 1963, c. 348, § 6.

39-1910. Repealed. Laws 1963, c. 348, § 6.

39-1911. Repealed. Laws 1963, c. 348, § 6.

39-1912. Repealed. Laws 1963, c. 348, § 6.

39-1913. Repealed. Laws 1963, c. 348, § 6.

39-1914. Repealed. Laws 1963, c. 348, § 6.

39-2001. Designation of primary and secondary county roads by county board; procedure; determination by Department of Transportation; when; certification; record.

(1) The county board of each county shall select and designate, from the laid out and platted public roads within the county, certain roads to be known as primary and secondary county roads. Primary county roads shall include (a) direct highways leading to and from rural schools where ten or more grades are being taught, (b) highways connecting cities, villages, and market centers, (c) rural mail route and star mail route roads, (d) main-traveled roads, and (e) such other roads as are designated as such by the county board. All county roads not designated as primary county roads shall be secondary county roads.

(2) As soon as the primary county roads are designated as provided by subsection (1) of this section, the county board shall cause such primary county roads to be plainly marked on a map to be deposited with the county clerk and be open to public inspection. Upon filing the map the county clerk shall at once fix a date of hearing thereon, which shall not be more than twenty days nor less than ten days from the date of filing. Notice of the filing of the map and of the date of such hearing shall be published prior to the hearing in one issue of each newspaper published in the English language in the county.

(3) At any time before the hearing provided for by subsection (2) of this section is concluded, any ten freeholders of the county may file a petition with the county clerk asking for any change in the designated primary county roads, setting forth the reason for the proposed change. Such petition shall be accompanied by a plat showing such proposed change.

(4) The roads designated on the map by the county board shall be conclusively established as the primary roads. If no agreement is reached between the county board and the petitioners at the hearing, the county clerk shall forward the map, together with all petitions and plats, to the Department of Transportation.

(5) The department shall, upon receipt of the maps, petitions, and plats, proceed to examine the same, and shall determine the lines to be followed by the said county roads, having regard to volume of traffic, continuity, and cost of construction. The department shall, not later than twenty days from the receipt thereof, return the papers to the county clerk, together with the decision of the department in writing, duly certified, and accompanied by a plat showing the lines of the county roads as finally determined. The county clerk shall file the papers and record the decision, and the same shall be conclusive as to the lines of the county roads established therein.

Source:Laws 1957, c. 155, art. VII, § 1, p. 560; Laws 2017, LB339, § 144.    
Operative Date: July 1, 2017


Annotations

39-2002. County primary road system; designation by county board; when; redesignation of primary roads; procedure; current map kept on file.

The county board of each county shall select and designate, within six months from January 1, 1958, the roads which will be county primary roads and which will constitute the county primary road system. Such roads shall be selected from those roads which already have been designated as primary county roads pursuant to section 39-2001 or from those roads which were maintained by the Department of Transportation under section 39-1309. The primary county roads shall include only the more important county roads as determined by the actual or potential traffic volumes and other traffic survey data.

The county board of each county shall have authority to redesignate the county primary roads from time to time by naming additional roads as primary roads and by rescinding the designation of existing county primary roads. The county board shall follow the same procedure for redesignation as is required by law for initially designating the county primary roads. The principle of designating only the more important county roads as primary roads as determined by the actual or potential traffic volumes and other traffic survey data shall be adhered to.

A copy of a current map of the county roads showing the location of roads and bridges and reflecting the county primary road system as designated in this section shall be kept on file and available to public inspection at the office of the county clerk and with the department.

Source:Laws 1957, c. 155, art. VII, § 2, p. 561; Laws 1963, c. 240, § 1, p. 730; Laws 2017, LB339, § 145.    
Operative Date: July 1, 2017


39-2003. County roads; maintenance at county expense; exception.

All county roads designated in accordance with sections 39-2001 and 39-2002 shall be maintained at the expense of the county; Provided, that in counties under township organization not operating under the county road unit system, the county board may, by resolution entered on its records, delegate to the township board the duty of maintaining in the township any road which has been designated after September 7, 1947, as a county primary road.

Source:Laws 1957, c. 155, art. VII, § 3, p. 562.


39-2101. State highways; functional classification; declaration.

Recognizing that safe and efficient transportation over public roads is a matter of major importance to all of the people in the state, the Legislature hereby determines and declares that an integrated system of public roads is essential to the general welfare of the State of Nebraska.

Adequate public roads provide for the free flow of traffic, protect the health and safety of the citizens of the state, result in lower cost of motor vehicle operation, increase property values, and generally promote the economic and social progress of the state.

Providing such a system of facilities and the efficient management, operation, and control thereof are recognized as urgent problems and proper objectives of legislation pertaining to all public roads.

As a result of the comprehensive three-year study of all public roads in Nebraska conducted by a committee of the Legislative Council as authorized by the Legislature in 1965 and 1967, a study through which determination has been made of the engineering, financial, and management needs of all public roads, a program has been developed to provide an integrated system of public roads for the state, its counties, and its municipalities.

Recognizing that cooperation among these governmental entities is essential in bringing to fruition the development of a truly integrated system of public roads, it is the intent of the Legislature to provide by law the structure upon which the state, its counties, and its municipalities can work as equal partners in the development, operation, and management of such a system.

Fundamental to the development of an integrated system of public roads is a determination of the function each road segment serves. Through adoption by law of a functional classification system, it is the intent of the Legislature that each segment of public road shall be identified according to the function it serves. Identification of roads according to function then will permit the establishment of uniform standards of design, construction, operation, and maintenance for each classification of road. Such standards will promote the general safety of the traveling public, enhance the free flow of traffic, and provide improved utilization of highway financing.

Responsibility for the various functional classifications of public roads shall be assigned by law to the state, the counties, and the municipalities, as appropriate, such assignments reflecting the general responsibilities of each entity.

Through establishment of a Board of Public Roads Classifications and Standards composed of representation from the state, counties, municipalities, and general public, it is the intent of the Legislature to give each governmental entity and the public an equal voice in developing reasonable standards for each classification of road which shall be adequate to meet the needs of an increasingly mobile society.

Both long-range planning and annual programming are essential to the orderly development of an integrated system of public roads. It is the intent of the Legislature to provide by law a structure which will enable each governmental entity to program its individual needs on a priority basis, yet to establish an intergovernmental relationship which will permit their working in cooperation with each other to attain the desired objective of an integrated system. The structure will have the flexibility necessary to recognize that annual programs cannot always be met as planned because of unforeseen problems which may arise.

To assure realization of the maximum benefits possible from the substantial investment Nebraska citizens make toward their public roads, it is the intent of the Legislature to provide by law a system of planning, programming, budgeting, reporting, and accounting for each governmental entity which will bring improved management methods. Such management will provide citizens the opportunity to know how each governmental entity intends to spend its highway money, and to determine its performance when measured against its plans.

Nebraska's public roads system is one of the largest in the nation; yet its population is relatively small and ranges from high concentrations of people in urban centers to vast rural areas in which the population is sparsely located. The citizens in these diverse areas have the same need, however, for a transportation system which will meet their respective needs. It is not economically feasible to develop all public roads throughout the state to the same high standards, and thus it becomes incumbent upon the Legislature to devise a program under which the roads most important to these diverse areas are developed to modern standards. Adoption of a functional classification system and implementation of modern management methods will combine to bring such a program into being and result in improved utilization of highway financing.

Recognizing that highway financing heretofore has been inadequate to meet the needs of a modern transportation system, and that the distribution of revenue has resulted in disparities of treatment, it is the intent of the Legislature to provide reasonable financing and more equitable distribution of revenue. The objectives of this total program are to bring the state highway system up to adequate standards in a twenty-year period, and to bring the road systems of its counties, and the street systems of its municipalities, up to adequate standards over a twenty-year period.

Source:Laws 1969, c. 312, § 1, p. 1116.


Annotations

39-2102. Functional classification; categories.

For purposes of functional classification thereof, the public highways, roads, and streets of this state are hereby divided into the two broad categories of rural highways and municipal streets. Rural highways shall consist of all public highways and roads outside the limits of any incorporated municipality and municipal streets shall consist of all public streets within the limits of any incorporated municipality.

Source:Laws 1969, c. 312, § 2, p. 1119.


39-2103. Rural highways; functional classifications.

Rural highways are hereby divided into nine functional classifications as follows:

(1) Interstate, which shall consist of the federally designated National System of Interstate and Defense Highways;

(2) Expressway, which shall consist of a group of highways following major traffic desires in Nebraska which rank next in importance to the National System of Interstate and Defense Highways. The expressway system is one which ultimately should be developed to multilane divided highway standards;

(3) Major arterial, which shall consist of the balance of routes which serve major statewide interests for highway transportation. This system is characterized by high-speed, relatively long-distance travel patterns;

(4) Scenic-recreation, which shall consist of highways or roads located within or which provide access to or through state parks, recreation or wilderness areas, other areas of geographical, historical, geological, recreational, biological, or archaeological significance, or areas of scenic beauty;

(5) Other arterial, which shall consist of a group of highways of less importance as through-travel routes which would serve places of smaller population and smaller recreation areas not served by the higher systems;

(6) Collector, which shall consist of a group of highways which pick up traffic from many local or land-service roads and carry it to community centers or to the arterial systems. They are the main school bus routes, mail routes, and farm-to-market routes;

(7) Local, which shall consist of all remaining rural roads, except minimum maintenance roads and remote residential roads;

(8) Minimum maintenance, which shall consist of (a) roads used occasionally by a limited number of people as alternative access roads for areas served primarily by local, collector, or arterial roads or (b) roads which are the principal access roads to agricultural lands for farm machinery and which are not primarily used by passenger or commercial vehicles; and

(9) Remote residential, which shall consist of roads or segments of roads in remote areas of counties with (a) a population density of no more than five people per square mile or (b) an area of at least one thousand square miles, and which roads or segments of roads serve as primary access to no more than seven residences. For purposes of this subdivision, residence means a structure which serves as a primary residence for more than six months of a calendar year. Population shall be determined using data from the most recent federal decennial census.

The rural highways classified under subdivisions (1) through (3) of this section should, combined, serve every incorporated municipality having a minimum population of one hundred inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census or sufficient commerce, a part of which will be served by stubs or spurs, and along with rural highways classified under subdivision (4) of this section, should serve the major recreational areas of the state.

For purposes of this section, sufficient commerce means a minimum of two hundred thousand dollars of gross receipts under the Nebraska Revenue Act of 1967.

Source:Laws 1969, c. 312, § 3, p. 1119; Laws 1972, LB 866, § 2; Laws 1976, LB 724, § 1; Laws 1980, LB 873, § 1; Laws 1983, LB 10, § 3; Laws 2008, LB1068, § 4;    Laws 2017, LB113, § 42.    
Effective Date: August 24, 2017


Cross References

39-2104. Municipal streets; functional classifications.

Municipal streets are hereby divided into six functional classifications as follows:

(1) Interstate, which shall consist of the federally designated national system of interstate and defense highways;

(2) Expressway, which shall consist of two categories: Extensions of rural expressways and some additional routes which serve very high volumes of local traffic within urban areas;

(3) Major arterial, which shall generally consist of extensions of the rural major arterials which provide continuous service through municipalities for long-distance rural travel. They are the arterial streets used to transport products into and out of municipalities;

(4) Other arterial, which shall consist of two categories: Municipal extensions of rural other arterials, and arterial movements peculiar to a municipality's own complex, that is streets which interconnect major areas of activity within a municipality, such as shopping centers, the central business district, manufacturing centers, and industrial parks;

(5) Collector, which shall consist of a group of streets which collect traffic from residential streets and move it to smaller commercial centers or to higher arterial systems; and

(6) Local, which shall consist of the balance of streets in each municipality, principally residential access service streets and local business streets. They are characterized by very short trip lengths, almost exclusively limited to vehicles desiring to go to or from an adjacent property.

Source:Laws 1969, c. 312, § 4, p. 1120.


39-2105. Functional classifications; jurisdictional responsibility.

Jurisdictional responsibility for the various functional classifications of public highways and streets shall be as follows:

(1) The state shall have the responsibility for the design, construction, reconstruction, maintenance, and operation of all roads classified under the category of rural highways as interstate, expressway, and major arterial, and the municipal extensions thereof, except that the state shall not be responsible for that portion of a municipal extension which exceeds the design of the rural highway leading into the municipality. When the design of a rural highway differs at the different points where it leads into the municipality, the state's responsibility for the municipal extension thereof shall be limited to the lesser of the two designs. The state shall be responsible for the entire interstate system under either the rural or municipal category and for connecting links between the interstate and the nearest existing state highway system in rural areas, except that if such a connecting link has not been improved and a sufficient study by the Department of Transportation results in the determination that a link to an alternate state highway would provide better service for the area involved, the department shall have the option of providing the alternate route, subject to satisfactory local participation in the additional cost of the alternate route;

(2) The various counties shall have the responsibility for the design, construction, reconstruction, maintenance, and operation of all roads classified as other arterial, collector, local, minimum maintenance, and remote residential under the rural highway category;

(3) The various incorporated municipalities shall have the responsibility for the design, construction, reconstruction, maintenance, and operation of all streets classified as expressway which are of a purely local nature, that portion of municipal extensions of rural expressways and major arterials which exceeds the design of the rural portions of such systems, and responsibility for those streets classified as other arterial, collector, and local within their corporate limits; and

(4) Jurisdictional responsibility for all scenic-recreation roads and highways shall remain with the governmental subdivision which had jurisdictional responsibility for such road or highway prior to its change in classification to scenic-recreation made pursuant to this section and sections 39-2103, 39-2109, and 39-2113.

Source:Laws 1969, c. 312, § 5, p. 1121; Laws 1971, LB 738, § 1; Laws 1980, LB 873, § 2; Laws 1983, LB 10, § 4; Laws 2008, LB1068, § 5;    Laws 2017, LB339, § 146.    
Operative Date: July 1, 2017


39-2106. Board of Public Roads Classifications and Standards; established; members; number; appointment; qualifications; compensation; expenses.

To assist in developing the functional classification system, there is hereby established the Board of Public Roads Classifications and Standards which shall consist of eleven members to be appointed by the Governor with the approval of the Legislature. Of the members of such board, two shall be representatives of the Department of Transportation, three shall be representatives of the counties, one of whom shall be a licensed county highway superintendent in good standing and two of whom shall be county board members, three shall be representatives of the municipalities who shall be either public works directors or licensed city street superintendents in good standing, and three shall be lay citizens who shall represent the three congressional districts of the state. The county members on the board shall represent the various classes of counties, as defined in section 23-1114.01, in the following manner: One shall be a representative from either a Class 1 or Class 2 county; one shall be a representative from either a Class 3 or Class 4 county; and one shall be a representative from either a Class 5, Class 6, or Class 7 county. The municipal members of the board shall represent municipalities of the following sizes by population: One shall be a representative from a municipality of less than two thousand five hundred inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census; one shall be a representative from a municipality of two thousand five hundred to fifty 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 Census; and one shall be a representative from a municipality of over fifty 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 Census. In making such appointments, the Governor shall consult with the Director-State Engineer and with the appropriate county and municipal officials and may consult with organizations representing such officials or representing counties or municipalities as may be appropriate. At the expiration of the existing term, one member from the county representatives, the municipal representatives, and the lay citizens shall be appointed for a term of two years; and two members from the county representatives, the municipal representatives, and the lay citizens shall be appointed for terms of four years. One representative from the department shall be appointed for a two-year term and the other representative shall be appointed for a four-year term. Thereafter, all such appointments shall be for terms of four years each. Members of such board shall receive no compensation for their services as such, except that the lay members shall receive the same compensation as members of the State Highway Commission, and all members shall be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as provided in sections 81-1174 to 81-1177 for state employees. All expenses of such board shall be paid by the department.

Source:Laws 1969, c. 312, § 6, p. 1122; Laws 1971, LB 100, § 1; Laws 1981, LB 204, § 61; Laws 2017, LB113, § 43;    Laws 2017, LB339, § 147.    

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB113, section 43, with LB339, section 147, to reflect all amendments.

Note: Changes made by LB339 became operative July 1, 2017. Changes made by LB113 became effective August 24, 2017.


39-2107. Board of Public Roads Classifications and Standards; office space; furniture; equipment; supplies; personnel.

The Department of Transportation shall furnish the Board of Public Roads Classifications and Standards with necessary office space, furniture, equipment, and supplies as well as necessary professional, technical, and clerical assistants.

Source:Laws 1969, c. 312, § 7, p. 1123; Laws 2017, LB339, § 148.    
Operative Date: July 1, 2017


39-2108. Board of Public Roads Classifications and Standards; proceedings; subject to Administrative Procedure Act.

All proceedings of the Board of Public Roads Classifications and Standards shall be subject to the provisions of the Administrative Procedure Act.

Source:Laws 1969, c. 312, § 8, p. 1123.


Cross References

39-2109. Board of Public Roads Classifications and Standards; functional classification; criteria; adoption; hearing; publication; filing.

(1) The Board of Public Roads Classifications and Standards shall develop the specific criteria for each functional classification set forth in sections 39-2103 and 39-2104, which criteria shall be consistent with the general criteria set forth in those sections. No such criteria shall be adopted until after public hearings have been held thereon at such times and places as to assure interested parties throughout the state an opportunity to be heard thereon. Following their adoption, such criteria shall be printed and published and copies thereof shall be deposited with the Secretary of State, the Clerk of the Legislature, the county clerk of each county, and the clerk of each incorporated municipality.

(2) Within eighteen months after July 18, 2008, the Board of Public Roads Classifications and Standards shall adopt and promulgate the specific criteria for remote residential roads.

Source:Laws 1969, c. 312, § 9, p. 1123; Laws 1980, LB 873, § 3; Laws 1983, LB 10, § 5; Laws 2008, LB1068, § 6.    


39-2110. Functional classification; specific criteria; assignment to highways, roads, streets.

Following adoption and publication of the specific criteria required by section 39-2109, the Department of Transportation, after consultation with the appropriate local authorities in each instance, shall assign a functional classification to each segment of highway, road, and street in this state. Before assigning any such classification, the department shall make reasonable effort to resolve any differences of opinion between the department and any county or municipality. Whenever a new road or street is to be opened or an existing road or street is to be extended, the department shall, upon a request from the operating jurisdiction, assign a functional classification to such segment in accordance with the specific criteria established under section 39-2109.

Source:Laws 1969, c. 312, § 10, p. 1123; Laws 2008, LB1068, § 7;    Laws 2017, LB339, § 149.    
Operative Date: July 1, 2017


39-2111. Functional classification; assignment; appeal.

The county or municipality may appeal to the Board of Public Roads Classifications and Standards from any action taken by the Department of Transportation in assigning any functional classification under section 39-2110. Upon the taking of such an appeal, the board shall review all information pertaining to the assignment, hold a hearing thereon if deemed advisable, and render a decision on the assigned classification. The decision of the board may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1969, c. 312, § 11, p. 1123; Laws 1971, LB 100, § 2; Laws 1988, LB 352, § 32; Laws 2017, LB339, § 150.    
Operative Date: July 1, 2017


Cross References

39-2112. Functional classification; assignment; Department of Transportation; request to reclassify; county board; public hearing; decision; appeal.

Any county or municipality may, based on changing traffic patterns or volume or a change in jurisdiction, request the Department of Transportation to reclassify any segment of highway, road, or street. Any county that wants to use the minimum maintenance, remote residential, or scenic-recreation functional classification or wants to return a road to its previous functional classification may request the department to reclassify an applicable segment of highway or road. If a county board wants a road or a segment of road to be classified as remote residential, it shall hold a public hearing on the matter prior to requesting the department to reclassify such road or segment of road. The department shall review a request made under this section and either grant or deny the reclassification in whole or in part. Any county or municipality dissatisfied with the action taken by the department under this section may appeal to the Board of Public Roads Classifications and Standards in the manner provided in section 39-2111.

Source:Laws 1969, c. 312, § 12, p. 1124; Laws 1971, LB 100, § 3; Laws 2008, LB1068, § 8;    Laws 2017, LB339, § 151.    
Operative Date: July 1, 2017


39-2113. Board of Public Roads Classifications and Standards; minimum standards; signs required; when; rule for relaxing; request for review; decision.

(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 for scenic-recreation road standards, such standards shall be such as to assure that each segment of highway, road, or street will satisfactorily meet the requirements of the area it serves and the traffic patterns and volumes which it may reasonably be expected to bear.

(2) The standards for a scenic-recreation road and highway classification shall insure a minimal amount of environmental disruption practicable in the design, construction, and maintenance of such highways, roads, and streets by the use of less restrictive, more flexible design standards than other highway classifications. Design elements of such a road or highway shall incorporate parkway-like features which will allow the user-motorist to maintain a leisurely pace and enjoy the scenic and recreational aspects of the route and include rest areas and scenic overlooks with suitable facilities.

(3) The standards developed for a minimum maintenance road and highway classification shall provide for a level of minimum maintenance sufficient to serve farm machinery and the occasional or intermittent use by passenger and commercial vehicles. The standards shall provide that any defective bridges, culverts, or other such structures on, in, over, under, or part of the minimum maintenance road may be removed by the county in order to protect the public safety and need not be replaced by equivalent structures except when deemed by the county board to be essential for public safety or for the present or future transportation needs of the county. The standards for such minimum maintenance roads shall include the installation and maintenance by the county at entry points to minimum maintenance roads and at regular intervals thereon of appropriate signs to adequately warn the public that the designated section of road has a lower level of maintenance effort than other public roads and thoroughfares. Such signs shall conform to the requirements in the Manual on Uniform Traffic Control Devices adopted pursuant to section 60-6,118.

(4) The standards developed for a remote residential road classification shall provide for a level of maintenance sufficient to provide access to remote residences, farms, and ranches by passenger and commercial vehicles. The standards shall allow for one-lane traffic where sight distance is adequate to warn motorists of oncoming traffic. The standards for remote residential roads shall include the installation and maintenance by the county at entry points to remote residential roads of appropriate signs to adequately warn members of the public that they are traveling on a one-lane road. Such signs shall conform to the requirements in the Manual on Uniform Traffic Control Devices adopted pursuant to section 60-6,118.

(5) The board shall by rule provide for the relaxation of standards for any functional classification in those instances in which their application is not feasible because of peculiar, special, or unique local situations.

(6) Any county or municipality which believes that the application of standards for any functional classification to any segment of highway, road, or street would work a special hardship, or any other interested party which believes that the application of standards for scenic-recreation roads and highways to any segment of highway, road, or street would defeat the purpose of the scenic-recreation functional classification contained in section 39-2103, may request the board to relax the standards for such segment. The Department of Transportation, when it believes that the application of standards for any functional classification to any segment of highway that is not hard surfaced would work a special hardship, may request the board to relax such standards. The board shall review any request made pursuant to this section and either grant or deny it in whole or in part. This section shall not be construed to apply to removal of a road or highway from the state highway system pursuant to section 39-1315.01.

Source:Laws 1969, c. 312, § 13, p. 1124; Laws 1973, LB 324, § 1; Laws 1980, LB 873, § 4; Laws 1983, LB 10, § 6; Laws 1993, LB 370, § 42; Laws 2008, LB1068, § 9;    Laws 2017, LB339, § 152.    
Operative Date: July 1, 2017


39-2114. Counties and municipalities; contract between themselves; filing required.

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 cooperative programs of administering all phases of their road and street programs. Any such contract shall be filed with the Board of Public Roads Classifications and Standards.

Source:Laws 1969, c. 312, § 14, p. 1124; Laws 1999, LB 87, § 72.    


Cross References

39-2115. Six-year plan; basis; filing; failure to file; penalty; funds placed in escrow.

The Department of Transportation and each county and municipality shall develop and file with the Board of Public Roads Classifications and Standards a long-range, six-year plan of highway, road, and street improvements based on priority of needs and calculated to contribute to the orderly development of an integrated statewide system of highways, roads, and streets. Each such plan shall be filed with the board promptly upon preparation but in no event later than March 1, 1971. If any county or municipality, or the department, shall fail to file its plan on or before such date, the board shall so notify the local governing board, the Governor, and the State Treasurer, who shall suspend distribution of any highway-user revenue allocated to such county or municipality, or the department, until the plan has been filed. Such funds shall be held in escrow for six months until the county or municipality complies. If the county or municipality complies within the six-month period it shall receive the money in escrow, but after six months, if the county or municipality fails to comply, the money in the escrow account shall be lost to the county or municipality.

Source:Laws 1969, c. 312, § 15, p. 1124; Laws 1971, LB 100, § 4; Laws 1973, LB 137, § 1; Laws 1976, LB 724, § 2; Laws 2017, LB339, § 153.    
Operative Date: July 1, 2017


39-2116. Board of Public Roads Classifications and Standards; review of plans and programs; recommendations.

The Board of Public Roads Classifications and Standards shall review all six-year plans required by sections 39-2115 to 39-2117 or annual metropolitan transportation improvement programs under section 39-2119.01 submitted to it and make such recommendations for changes therein as it believes necessary or desirable in order to achieve the orderly development of an integrated system of highways, roads, and streets, but in so doing the board shall take into account the fact that individual priorities of needs may not lend themselves to immediate integration. The Department of Transportation and each county and municipality shall give careful and serious consideration to any such recommendations received from the board and shall not reject them except for substantial or compelling reason.

Source:Laws 1969, c. 312, § 16, p. 1125; Laws 1971, LB 100, § 5; Laws 2007, LB277, § 2;    Laws 2017, LB339, § 154.    
Operative Date: July 1, 2017


39-2117. Six-year plan; extension.

The six-year plans required by the provisions of section 39-2115 shall be extended annually, on or before the anniversary date by the addition of a new year, so that there shall at all times be a six-year plan on file with the Board of Public Roads Classifications and Standards. Each such extension shall be subject to the provisions of section 39-2116.

Source:Laws 1969, c. 312, § 17, p. 1125; Laws 1971, LB 100, § 6; Laws 1976, LB 724, § 3.


39-2118. Department of Transportation; plan for specific highway improvements; file annually with Board of Public Roads Classifications and Standards; review.

The Department of Transportation shall annually prepare and file with the Board of Public Roads Classifications and Standards a plan for specific highway improvements for the current year. The annual plan shall be filed on or before July 1 of each year. In so doing, the department shall take into account all federal funds which will be available to the department for such year. The board shall review each such annual plan to determine whether it is consistent with the department's current six-year plan. The department shall be required to justify any inconsistency with the six-year plan to the satisfaction of the board.

Source:Laws 1969, c. 312, § 18, p. 1125; Laws 1971, LB 100, § 7; Laws 1976, LB 724, § 4; Laws 2017, LB339, § 155.    
Operative Date: July 1, 2017


39-2119. Counties and municipalities; plan or program for specific improvements; file annually with Board of Public Roads Classifications and Standards; hearing; notice; adoption; review; failure to file; penalty; funds placed in escrow.

Each county and municipality shall annually prepare and file, under sections 39-2115 to 39-2117 or 39-2119.01, with the Board of Public Roads Classifications and Standards, a plan or program for specific road or street improvements for the current year. The annual plan or program shall be filed on or before March 1 of each year. No such plan or program shall be adopted until after a local public hearing thereon and its approval by the local governing body. The board shall prescribe the nature and time of notice of such hearing, which shall be such as shall be likely to come to the attention of interested citizens in the jurisdiction involved. The board shall review each such annual plan or program within sixty days after it has been filed to determine whether it is consistent with the county's or municipality's current six-year plan. The county or municipality shall be required to justify any inconsistency with the six-year plan to the satisfaction of the board. If any county or municipality shall fail to comply with the provisions of this section, the board shall so notify the local governing board, the Governor, and the State Treasurer, who shall suspend distribution of any highway-user revenue allocated to such county or municipality until there has been compliance. Such funds shall be held in escrow for six months until the county or municipality complies. If the county or municipality complies within the six-month period it shall receive the money in escrow, but after six months, if the county or municipality fails to comply, the money in the escrow account shall be lost to the county or municipality.

Any county or municipality on a fiscal construction year basis may apply to the Board of Public Roads Classifications and Standards for a new anniversary date. The board may grant a new anniversary date, but such date shall not be later than July 1.

Source:Laws 1969, c. 312, § 19, p. 1126; Laws 1971, LB 100, § 8; Laws 1973, LB 137, § 2; Laws 1976, LB 724, § 5; Laws 2007, LB277, § 3.    


39-2119.01. County or municipality; use of annual metropolitan transportation improvement program as alternate submission authorized.

Any county or municipality that is designated as a metropolitan planning organization pursuant to 23 U.S.C. 134(d), as such section existed on January 1, 2007, may, in lieu of submission of a six-year plan under sections 39-2115 to 39-2117 or an annual plan under section 39-2119, submit an annual metropolitan transportation improvement program pursuant to section 23 U.S.C. 134(j), as such section existed on January 1, 2007, that is treated as such plans required under sections 39-2115 to 39-2117 and 39-2119.

Source:Laws 2007, LB277, § 4.    


39-2120. Standardized system of annual reporting; Auditor of Public Accounts and Board of Public Roads Classifications and Standards; develop.

The Auditor of Public Accounts and the Board of Public Roads Classifications and Standards shall develop and schedule for implementation a standardized system of annual reporting to the board by the Department of Transportation and by counties and municipalities, which system shall include:

(1) A procedure for documenting and certifying that standards of design, construction, and maintenance of roads and streets have been met;

(2) A procedure for documenting and certifying that all tax revenue for road or street purposes has been expended in accordance with approved plans and standards, to include county and municipal tax revenue, as well as highway-user revenue allocations made by the state;

(3) A uniform system of accounting which clearly indicates, through a system of reports, a comparison of receipts and expenditures to approved budgets and programs;

(4) A system of budgeting which reflects uses and sources of funds in terms of programs and accomplishments;

(5) An approved system of reporting an inventory of machinery, equipment, and supplies; and

(6) An approved system of cost accounting of the operation of equipment.

Source:Laws 1969, c. 312, § 20, p. 1126; Laws 1971, LB 100, § 9; Laws 2017, LB339, § 156.    
Operative Date: July 1, 2017


39-2121. Department of Transportation; counties; municipalities; reports; penalty; when imposed; appeal.

(1) The Department of Transportation and each county and municipality shall make the reports provided for by section 39-2120.

(2) If any county or municipality or the department fails to file such report on or before its due date, the Board of Public Roads Classifications and Standards shall so notify the local governing board, the Governor, and the State Treasurer who shall suspend distribution of any highway-user revenue allocated to such county or municipality or the department until the report has been filed. Such funds shall be held in escrow for six months until the county or municipality complies. If the county or municipality complies within the six-month period it shall receive the money in escrow, but after six months, if the county or municipality fails to comply, the money in the escrow account shall be lost to the county or municipality.

(3) If any county or municipality either (a) files a materially false report or (b) constructs any highway, road, or street below the minimum standards developed under section 39-2113, without having received prior approval thereof, such county's or municipality's share of highway-user revenue allocated during the following calendar year shall be reduced by ten percent and the amount of any such reduction shall be distributed among the other counties or municipalities, as appropriate, in the manner provided by law for allocation of highway-user revenue. The penalty for filing a materially false report and the penalty for constructing a highway, road, or street below established minimum standards without prior approval shall be assessed by the board only after a review of the facts involved in such case and the holding of a public hearing on the matter. The decision thereafter rendered by the board may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.

Source:Laws 1969, c. 312, § 21, p. 1127; Laws 1971, LB 100, § 10; Laws 1973, LB 137, § 3; Laws 1976, LB 724, § 6; Laws 1988, LB 352, § 33; Laws 2017, LB339, § 157.    
Operative Date: July 1, 2017


Cross References

39-2122. Board of Public Roads Classifications and Standards; duties.

The Board of Public Roads Classifications and Standards may make occasional random checks of construction projects to determine that the standards of design and construction developed under section 39-2113 are being met.

Source:Laws 1969, c. 312, § 22, p. 1128; Laws 1971, LB 100, § 11.


39-2123. Repealed. Laws 2014, LB 757, § 4.

39-2124. Legislative intent.

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 of comprehensive, continuing, cooperative, and coordinated planning by the state, the counties, and the municipalities. Sections 13-914 and 39-2101 to 39-2125 are not intended to prohibit or inhibit the actions of the counties and of the municipalities in their planning programs and their subdivision regulations, nor are sections 13-914 and 39-2101 to 39-2125 intended to restrict the actions of the municipalities in their creation of street improvement districts and in their assessment of property for special benefits as authorized by state law or by home rule charter.

Source:Laws 1969, c. 312, § 24, p. 1128; Laws 1971, LB 100, § 13; Laws 1983, LB 10, § 8; Laws 2007, LB277, § 5;    Laws 2017, LB339, § 158.    
Operative Date: July 1, 2017


39-2125. Sections, how construed.

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 shall control.

Source:Laws 1969, c. 312, § 25, p. 1128; Laws 1983, LB 10, § 9; Laws 2007, LB277, § 6.    


39-2201. Terms, defined.

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 and shall include notes or other similar evidences of indebtedness;

(3) Commission shall mean the State Highway Commission;

(4) Construction shall mean and include acquisition, construction, resurfacing, restoring, rehabilitation, and reconstruction necessary to plan, build, improve, replace, or extend a highway, and to construct shall mean and include to acquire, to construct, to resurface, to restore, to rehabilitate, and to reconstruct as necessary to plan, build, improve, replace, or extend a highway;

(5) Cost of construction shall mean and include obligations to contractors and builders for construction and for the restoration of property damaged or destroyed in connection with such construction, the cost of acquiring land, property rights, rights-of-way, franchises, easements, and other interests deemed necessary or convenient for construction, the cost of acquiring any property, real or personal, tangible or intangible, or any interest therein, deemed necessary or convenient for construction, the interest requirements upon any bonds prior to, during, and for a period of eighteen months after completion of construction, fees and expenses of paying agents and other agents appointed by the commission for such bonds during any such period, the costs and expenses of preliminary investigations to determine the feasibility or practicability of such construction, the fees and expenses of engineers for making preliminary studies, surveys, reports, estimates of costs and of revenue, and other estimates and for preparing plans and specifications and supervising construction as well as for the performance of all other duties of engineers in relation to such construction or the issuance of bonds therefor, expenses of administration during construction, legal expenses and fees, financing charges, municipal bond insurance or surety bond premiums, credit facility fees, costs of audits, costs of preparing and issuing such bonds, and all other items of expense incident to such construction, the financing thereof, and the acquisition of land and property therefor;

(6) Fund shall mean the Highway Trust Fund which is created by section 39-2215; and

(7) Highway shall mean and include any public road now or at any time hereafter classified by the Legislature as the responsibility of the state to construct and any related facility, the cost of which is financed in whole or in part by the issuance of bonds under the Nebraska Highway Bond Act.

The Legislature hereby reserves the right to vary and change by law the definitions of construction, cost of construction, and highway contained in this section.

Source:Laws 1969, c. 309, § 1, p. 1106; Laws 1988, LB 632, § 1; Laws 2000, LB 1135, § 5.    


39-2202. Repealed. Laws 2000, LB 1135, § 34.

39-2203. Bonds; issuance; amount; commission; powers.

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 issued shall not exceed, in the aggregate, the total amount authorized by the Legislature from time to time for such purpose. The proceeds from the sale of any bonds issued under the Nebraska Highway Bond Act shall be deposited in the state treasury to the credit of the Highway Cash Fund and shall be used only to finance or to refinance through the issuance of refunding bonds the construction of highways in this state as authorized by law. The commission is hereby granted all powers necessary or convenient to carry out the purposes and exercise the powers granted by such act.

Source:Laws 1969, c. 309, § 3, p. 1108; Laws 1988, LB 632, § 2.


39-2204. Attorney General; legal advisor to commission; Auditor of Public Accounts; books; audit annually.

(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 commission at such time as he or she determines necessary.

Source:Laws 1969, c. 309, § 4, p. 1108; Laws 2011, LB337, § 2.    


39-2205. Bonds; issuance; amount.

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 bonds and on all other bonds theretofore issued and to be outstanding and unpaid upon the issuance of such bonds shall not exceed the amount which is equal to fifty percent of the money deposited in the fund or the bond fund, as the case may be, from which such bonds shall be paid during the calendar year preceding the issuance of the bonds proposed to be issued. This section shall not apply to the first issuance of each series of bonds authorized by the Legislature.

If short-term bonds are issued in anticipation of the issuance of long-term refunding bonds and such short-term bonds are secured by insurance or a letter of credit or similar guarantee issued by a financial institution rated by a national rating agency in one of the two highest categories of bond ratings, then, for the purposes of the Nebraska Highway Bond Act, when determining the amount of short-term bonds that may be issued and the amount of taxes, fees, or other money to be deposited in any fund for the payment of bonds issued under the act, the annual aggregate principal and interest payments on the short-term bonds shall be deemed to be such payments thereon, except that the final principal payment shall not be that specified in the short-term bonds but shall be the principal and all interest payments required to reimburse the issuer of the insurance policy or letter of credit or similar guarantee pursuant to the reimbursement agreement between the commission and such issuer.

Source:Laws 1969, c. 309, § 5, p. 1108; Laws 1988, LB 632, § 3.


39-2206. Bonds; negotiable instruments.

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 exception of any provisions thereof pertaining to registration.

Source:Laws 1969, c. 309, § 6, p. 1108.


39-2207. Bonds; date; maturity; interest; redemption; sale.

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 privileges, be executed in such manner, be payable in such medium of payment and at such place or places within or without the state, and be subject to such terms of redemption and such redemption price or prices as such resolution or resolutions may provide. The bonds may be sold by the commission, at public or private sale, at such price or prices as the commission shall determine.

Source:Laws 1969, c. 309, § 7, p. 1109; Laws 2001, LB 420, § 29.    


39-2208. Interim receipts; exchangeable for definitive bonds; mutilated, destroyed, stolen, or lost; replacement; security.

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 replacement of any bonds which shall become mutilated or shall be destroyed, stolen or lost. In so replacing any bonds, the commission shall take adequate security to protect against any loss which might be incurred as a result thereof.

Source:Laws 1969, c. 309, § 8, p. 1109.


39-2209. Resolution authorizing issuance of bonds; contents.

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:

(1) Pledging all or any part of the money in the fund or bond fund, as the case may be, to secure the payment of the bonds, subject to such agreements with the bondholders as may then prevail;

(2) The use and disposition of money in the fund or bond fund;

(3) The setting aside of reserves, sinking funds, or arbitrage rebate funds and the funding, regulation, and disposition thereof;

(4) Limitations on the purpose to which the proceeds from the sale of bonds may be applied;

(5) Limitations on the issuance of additional bonds and on the retirement of outstanding or other bonds pursuant to the Nebraska Highway Bond Act;

(6) The procedure by which the terms of any agreement with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(7) Vesting in a bank or trust company as paying agent such rights, powers, and duties as the commission may determine, vesting in a trustee appointed by the bondholders pursuant to the Nebraska Highway Bond Act such rights, powers, and duties as the commission may determine, and limiting or abrogating the right of the bondholders to appoint a trustee under such act or limiting the rights, powers, and duties of such trustee;

(8) Providing for a municipal bond insurance policy, surety bond, letter of credit, or other credit support facility or liquidity facility; and

(9) Any other matters, of like or different character, which in any way affect the security or protection of the bonds.

Source:Laws 1969, c. 309, § 9, p. 1109; Laws 1988, LB 632, § 4.


39-2210. Commission; retirement of bonds; powers.

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.

Source:Laws 1969, c. 309, § 10, p. 1110.


39-2211. Commission; bonds; issuance; agreements; contents; powers.

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 act, as it may deem necessary, convenient, or desirable concerning the use or disposition of the money in the fund or bond fund including the pledging or creation of any security interest in such money and the doing of or refraining from doing any act which the commission would have the right to do to secure the bonds in the absence of such agreements. The commission shall have the power to enter into amendments of any such agreements, consistent with the Nebraska Highway Bond Act and not in derogation or limitation of the act, within the powers granted to the commission by the act and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of the bonds.

Source:Laws 1969, c. 309, § 11, p. 1110; Laws 1988, LB 632, § 5.


39-2212. Pledge or security agreement; lien on funds.

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 or bond fund so pledged and entrusted shall immediately be subject to the lien of such pledge or security instrument upon the deposit thereof in the fund without any physical delivery thereof or further act. The lien of any such pledge or security instrument shall be valid and binding as against all parties having subsequently arising claims of any kind in tort, contract, or otherwise, irrespective of whether such parties have notice thereof. Neither the resolution nor any security instrument or other instrument by which a pledge or other security is created need be recorded or filed and the commission shall not be required to comply with any of the provisions of the Uniform Commercial Code.

Source:Laws 1969, c. 309, § 12, p. 1111; Laws 1988, LB 632, § 6.


39-2213. Bonds; special obligations of state; payment.

The bonds shall be special obligations of the state payable solely and only from the fund or 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 bonds shall not be a general obligation debt of this state and they shall contain on the face thereof a statement to such effect.

Source:Laws 1969, c. 309, § 13, p. 1111; Laws 1988, LB 632, § 7.


39-2214. State; pledge with holders of bonds.

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 installments of interest, and all costs and expenses for which the commission is liable in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged.

Source:Laws 1969, c. 309, § 14, p. 1111; Laws 1988, LB 632, § 8.


39-2215. Highway Trust Fund; created; allocation; investment; State Treasurer; transfer; disbursements.

(1) There is hereby created in the state treasury a special fund to be known as the Highway Trust Fund.

(2) 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 66-6,109.02, and related penalties and interest, shall be allocated as provided in such sections.

(3) All other motor vehicle fuel taxes, diesel fuel taxes, compressed fuel taxes, and alternative fuel fees related to highway use retained by the state, all motor vehicle registration fees retained by the state other than those fees credited to the State Recreation Road Fund pursuant to subdivision (3) of section 60-3,156, and other highway-user taxes imposed by state law and allocated to the Highway Trust Fund, except for the proceeds of the sales and use taxes derived from motor vehicles, trailers, and semitrailers credited to the fund pursuant to section 77-27,132, are hereby irrevocably pledged for the terms of the bonds issued prior to January 1, 1988, to the payment of the principal, interest, and redemption premium, if any, of such bonds as they mature and become due at maturity or prior redemption and for any reserves therefor and shall, as received by the State Treasurer, be deposited in the fund for such purpose.

(4) Of the money in the fund specified in subsection (3) of this section which is not required for the use specified in such subsection, (a) an amount to be determined annually by the Legislature through the appropriations process may be transferred to the Motor Fuel Tax Enforcement and Collection Cash Fund for use as provided in section 66-738 on a monthly or other less frequent basis as determined by the appropriation language, (b) an amount to be determined annually by the Legislature through the appropriations process shall be transferred to the License Plate Cash Fund as certified by the Director of Motor Vehicles, and (c) the remaining money may be used for the purchase for retirement of the bonds issued prior to January 1, 1988, in the open market.

(5) The State Treasurer shall monthly transfer, from the proceeds of the sales and use taxes credited to the Highway Trust Fund and any money remaining in the fund after the requirements of subsections (2) through (4) of this section are satisfied, thirty thousand dollars to the Grade Crossing Protection Fund.

(6) Except as provided in subsection (7) of this section, the balance of the Highway Trust Fund shall be allocated fifty-three and one-third percent, less the amount provided for in section 39-847.01, to the Department of Transportation, twenty-three and one-third percent, less the amount provided for in section 39-847.01, to the various counties for road purposes, and twenty-three and one-third percent to the various municipalities for street purposes. If bonds are issued pursuant to subsection (2) of section 39-2223, the portion allocated to the department shall be credited monthly to the Highway Restoration and Improvement Bond Fund, and if no bonds are issued pursuant to such subsection, the portion allocated to the department shall be credited monthly to the Highway Cash Fund. The portions allocated to the counties and municipalities shall be credited monthly to the Highway Allocation Fund and distributed monthly as provided by law. Vehicles accorded prorated registration pursuant to section 60-3,198 shall not be included in any formula involving motor vehicle registrations used to determine the allocation and distribution of state funds for highway purposes to political subdivisions.

(7) If it is determined by December 20 of any year that a county will receive from its allocation of state-collected highway revenue and from any funds relinquished to it by municipalities within its boundaries an amount in such year which is less than such county received in state-collected highway revenue in calendar year 1969, based upon the 1976 tax rates for highway-user fuels and registration fees, the department shall notify the State Treasurer that an amount equal to the sum necessary to provide such county with funds equal to such county's 1969 highway allocation for such year shall be transferred to such county from the Highway Trust Fund. Such makeup funds shall be matched by the county as provided in sections 39-2501 to 39-2510. The balance remaining in the fund after such transfer shall then be reallocated as provided in subsection (6) of this section.

(8) The State Treasurer shall disburse the money in the Highway Trust Fund as directed by resolution of the commission. All disbursements from the fund shall be made upon warrants drawn by the Director of Administrative Services. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act and the earnings, if any, credited to the fund.

Source:Laws 1969, c. 309, § 15, p. 1111; Laws 1971, LB 53, § 3; Laws 1979, LB 571, § 2; Laws 1981, LB 22, § 8; Laws 1983, LB 118, § 2; Laws 1984, LB 1089, § 1; Laws 1986, LB 599, § 11; Laws 1988, LB 632, § 9; Laws 1989, LB 258, § 3; Laws 1990, LB 602, § 1; Laws 1991, LB 627, § 4; Laws 1992, LB 319, § 1; Laws 1994, LB 1066, § 25; Laws 1994, LB 1160, § 49; Laws 1995, LB 182, § 22; Laws 2002, LB 989, § 7;    Laws 2002, Second Spec. Sess., LB 1, § 2;    Laws 2003, LB 563, § 17;    Laws 2004, LB 983, § 1;    Laws 2004, LB 1144, § 3;    Laws 2005, LB 274, § 228;    Laws 2008, LB846, § 1;    Laws 2011, LB170, § 1;    Laws 2011, LB289, § 3;    Laws 2017, LB339, § 159.    
Operative Date: July 1, 2017


Cross References

39-2215.01. Highway Restoration and Improvement Bond Fund; created; use; investment.

(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 alternative fuel fees related to highway use, motor vehicle registration fees, and other highway-user taxes which are retained by the state and allocated to the bond fund from the Highway Trust Fund shall be hereby irrevocably pledged for the terms of the bonds issued after July 1, 1988, to the payment of the principal, interest, and redemption premium, if any, of such bonds as they mature and become due at maturity or prior redemption and for any reserves therefor and shall, as received by the State Treasurer, be deposited directly in the bond fund for such purpose. Of the money in the bond fund not required for such purpose, such remaining money may be used for the purchase for retirement of the bonds in the open market or for any other lawful purpose related to the issuance of bonds, and the balance, if any, shall be transferred monthly to the Highway Cash Fund for such use as may be provided by law.

(3) The State Treasurer shall disburse the money in the bond fund as directed by resolution of the commission. All disbursements from the bond fund shall be made upon warrants drawn by the Director of Administrative Services. Any money in the bond fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1988, LB 632, § 10; Laws 1990, LB 602, § 2; Laws 1994, LB 1066, § 26; Laws 1994, LB 1160, § 50; Laws 1995, LB 182, § 23; Laws 2011, LB289, § 4.    


Cross References

39-2216. Legislature; holders of bonds; pledges not to repeal, diminish, or apply funds for other uses.

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, diesel fuel taxes, compressed fuel taxes, and alternative fuel fees related to highway use, motor vehicle registration fees, and such other highway-user taxes which may be imposed by state law and allocated to the fund or bond fund, as the case may be, if to do so would result in fifty percent of the amount deposited in the fund or bond fund in each year being less than the amount equal to the maximum annual principal and interest requirements of such bonds.

Source:Laws 1969, c. 309, § 16, p. 1112; Laws 1988, LB 632, § 11; Laws 1994, LB 1160, § 51; Laws 1995, LB 182, § 24; Laws 2011, LB289, § 5.    


39-2217. Bondholders; rights protected; suit at law or in equity.

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 proceeding, protect and enforce any and all rights under the laws of this state or as granted under the act or under the resolution authorizing the issuance of the bonds and may enforce and compel the performance of all duties required by such laws, by such act, or by such resolution to be performed by the commission or by any employee thereof.

Source:Laws 1969, c. 309, § 17, p. 1112; Laws 1988, LB 632, § 12.


39-2218. Bonds; legal obligations; investment.

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 associations and other persons carrying on an insurance business, all banks, trust companies, savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or who may hereafter be authorized to invest in notes, bonds, or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. Notwithstanding any other provision of law, the bonds are also hereby made securities which may be deposited with and shall be received by all public officers, boards, agencies, and bodies of this state, its counties, political subdivisions, public corporations and municipalities, and the officers, boards, agencies or bodies of any of them for any purpose for which the deposit of notes, bonds, or other obligations of the state is now or may be hereafter authorized.

Source:Laws 1969, c. 309, § 18, p. 1113.


39-2219. Bonds; interest; exempt from taxation.

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 creation of the commission and the carrying out of its purpose are in all respects for the benefit of the people of this state and for the improvement of their health, welfare, and prosperity and constitute a public purpose, and that such bonds, the interest thereon, and the income therefrom shall at all times be exempt from taxation by this state or any political subdivision of this state.

Source:Laws 1969, c. 309, § 19, p. 1113; Laws 1988, LB 632, § 13.


39-2220. Repealed. Laws 2000, LB 1135, § 34.

39-2221. Act, how construed.

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.

Source:Laws 1969, c. 309, § 21, p. 1113; Laws 1988, LB 632, § 14.


39-2222. Act, how cited.

Sections 39-2201 to 39-2226 shall be known and may be cited as the Nebraska Highway Bond Act.

Source:Laws 1969, c. 309, § 22, p. 1113; Laws 1988, LB 632, § 15.


39-2223. Bonds; issuance; amount.

(1) Under the authority granted by Article XIII, section 1, of the Constitution of Nebraska, the Legislature hereby authorizes the issuance of bonds in the principal amount of twenty million dollars in 1969 and in the principal amount of twenty million dollars on or before June 30, 1977, with the proceeds thereof to be used for the construction of highways in this state, the Legislature expressly finding that the need for such construction requires such action. Such bonds shall in all respects comply with the provisions of Article XIII, section 1, of the Constitution of Nebraska.

(2) Under the authority granted by Article XIII, section 1, of the Constitution of Nebraska, the Legislature hereby authorizes after July 1, 1988, the issuance of bonds in a principal amount to be determined by the commission, not to exceed fifty million dollars. The outstanding principal amount of such bonds may exceed such limit if and to the extent that the commission determines that the issuance of advance refunding bonds under section 39-2226 in a principal amount greater than the bonds to be refunded would reduce the aggregate bond principal and interest requirements payable from the bond fund. The proceeds of such issues shall be used exclusively (a) for the construction, resurfacing, reconstruction, rehabilitation, and restoration of highways in this state, the Legislature expressly finding that the need for such construction and reconstruction work and the vital importance of the highway system to the welfare and safety of all Nebraskans requires such action, or (b) to eliminate or alleviate cash-flow problems resulting from the receipt of federal funds. Such bonds shall in all respects comply with the provisions of Article XIII, section 1, of the Constitution of Nebraska.

Source:Laws 1969, c. 314, § 1, p. 1132; Laws 1975, LB 401, § 1; Laws 1988, LB 632, § 16.


39-2224. Bonds; sale; proceeds; appropriated to Highway Cash Fund.

(1) The proceeds of the sale of bonds authorized by subsection (1) of section 39-2223 are hereby appropriated to the Highway Cash Fund of the Department of Transportation, for the biennium ending June 30, 1977, for expenditure for the construction of highways.

(2) The proceeds of the sale of bonds authorized by subsection (2) of section 39-2223 are hereby appropriated to the Highway Cash Fund of the Department of Transportation for expenditure for highway construction, resurfacing, reconstruction, rehabilitation, and restoration and for the elimination or alleviation of cash-flow problems resulting from the receipt of federal funds.

Source:Laws 1969, c. 314, § 2, p. 1132; Laws 1975, LB 401, § 2; Laws 1988, LB 632, § 17; Laws 2017, LB339, § 160.    
Operative Date: July 1, 2017


39-2225. Highway Cash Fund; warrants.

The Director of Administrative Services shall draw his warrants upon the Highway Cash Fund for, but never in excess of, the amount herein appropriated upon presentation of proper vouchers. The State Treasurer shall pay such warrants out of the Highway Cash Fund.

Source:Laws 1969, c. 314, § 3, p. 1132.


39-2226. Commission; issue refunding bonds; when; procedure; proceeds; how invested; safekeeping; when considered as outstanding and unpaid.

For the purpose of refunding present and future bonded indebtedness issued pursuant to the Nebraska Highway Bond Act, the commission may issue, without further legislative authorization, refunding bonds with which to call and redeem all or any part of such outstanding bonds at or before the maturity or the redemption date thereof, may include various series and issues of the outstanding bonds in a single issue of refunding bonds, and may issue refunding bonds to pay any redemption premium and interest to accrue and become payable on the outstanding bonds being refunded. The refunding bonds may be issued and delivered at any time prior to the date of maturity or the redemption date of the bonds to be refunded that the commission determines to be in the best interests of the state. The refunding bonds shall, except as specifically provided in this section, be issued in accordance with such act. The proceeds derived from the sale of refunding bonds issued pursuant to this section may be invested in obligations of or guaranteed by the United States Government pending the time the proceeds are required for the purposes for which refunding bonds are issued, and to further secure the refunding bonds, the commission may enter into a contract with any bank or trust company, within or without the state, with respect to the safekeeping and application of the proceeds of the refunding bonds and the safekeeping and application of the earnings on the investment. Such contract shall become a part of the contract with the holders of the refunding bonds. Bonds refunded by such refunding bonds, which have been called for redemption or with respect to which the bond trustee or paying agent has irrevocable instructions to call such bonds for redemption on a date certain in accordance with the terms thereof, and which have sufficient funds or obligations of, or guaranteed by, the United States Government set aside in safekeeping to be applied for the complete payment of such bonds, interest thereon, and redemption premium, if any on the redemption date, shall not be considered as outstanding and unpaid bonds with respect to the limitations set forth in section 39-2205.

Source:Laws 1975, LB 401, § 3; Laws 1988, LB 632, § 18.


39-2301. Act, how cited; legislative findings.

(1) Sections 39-2301 to 39-2311 shall be known and may be cited as the County Highway and City Street Superintendents Act.

(2) The Legislature finds that in order to safeguard life, health, and property, and in order to further professional management of county road and municipal street programs, persons practicing or offering to practice street or highway superintending in this state are encouraged to become licensed as provided in the act.

Source:Laws 1969, c. 144, § 1, p. 665; Laws 2003, LB 500, § 1.    


39-2301.01. Terms, defined.

For purposes of the County Highway and City Street Superintendents Act, unless the context otherwise requires:

(1) Board of examiners means the Board of Examiners for County Highway and City Street Superintendents;

(2) City street superintendent means a person who engages in the practice of street superintending for an incorporated municipality;

(3) County highway superintendent means a person who engages in the practice of highway superintending for a county; and

(4) Street or highway superintending means:

(a) Developing and annually updating long-range plans based on needs and coordinated with adjacent local governmental units;

(b) Developing annual programs for design, construction, and maintenance;

(c) Developing annual budgets based on programmed projects and activities;

(d) Implementing the capital improvements and maintenance activities provided in the approved plans, programs, and budgets; and

(e) Managing personnel, contractors, and equipment in support of such planning, programming, budgeting, and implementation operations.

Source:Laws 2003, LB 500, § 2.    


39-2302. County highway or city street superintendents; license required; effect.

No person shall be employed by any county as a county highway superintendent or by any municipality as a city street superintendent to qualify for the incentive payments provided in sections 39-2501 to 39-2520 unless he or she has been licensed under the County Highway and City Street Superintendents Act.

Source:Laws 1969, c. 144, § 2, p. 665; Laws 2003, LB 500, § 3.    


39-2303. Repealed. Laws 2003, LB 500, § 23.

39-2304. Board of Examiners for County Highway and City Street Superintendents; created; members; qualifications; appointment; term; vacancy; expenses.

The Board of Examiners for County Highway and City Street Superintendents is created. The board shall consist of seven members to be appointed by the Governor, four of whom shall be county representatives, and three of whom shall be municipal representatives.

Immediately preceding appointment to the board, each county and municipal representative shall hold a current license as a county highway or city street superintendent pursuant to the County Highway and City Street Superintendents Act. Of the county representatives, no more than one member shall be appointed from each class of county as defined in section 23-1114.01, and of the municipal representatives, no more than one shall be appointed from each congressional district, one of whom shall be a representative of a city of the metropolitan or primary class, one of whom shall be a representative of a city of the first class, and one of whom shall be a representative of a city of the second class or a village.

In making such appointments, the Governor may give consideration to a list of licensed county highway engineers, county highway superintendents, and county surveyors submitted by the Nebraska Association of County Officials and to a list of licensed city street superintendents or street commissioners, city engineers, and public works directors submitted by the League of Nebraska Municipalities. Two county representatives shall initially be appointed for terms of two years each, and two county representatives shall initially be appointed for terms of four years each. One municipal representative shall initially be appointed for a term of two years, and two municipal representatives shall initially be appointed for terms of four years each. Thereafter, all such appointments shall be for terms of four years each.

In the event a county or municipal representative loses his or her license as a county highway or city street superintendent, such person shall no longer be qualified to serve on the board and such seat shall be vacant. In the event of a vacancy occurring on the board for any reason, such vacancy shall be filled by appointment by the Governor for the remainder of the unexpired term. Such appointed person shall meet the same requirements and qualifications as the member whose vacancy he or she is filling.

Members of the board shall receive no compensation for their services as members of the board but shall be reimbursed for their actual and necessary expenses incurred while engaged in the performance of their official duties as provided in sections 81-1174 to 81-1177.

Source:Laws 1969, c. 144, § 4, p. 666; Laws 1981, LB 204, § 63; Laws 1992, LB 175, § 1; Laws 2003, LB 500, § 4.    


39-2305. Board of examiners; office space; equipment; meetings.

The board of examiners shall be furnished necessary office space, furniture, equipment, stationery, and clerical assistance by the Department of Transportation. The board shall organize itself by selecting from among its members a chairperson and such other officers as it may find desirable. The board shall meet at such times at the headquarters of the department in Lincoln, Nebraska, as may be necessary for the administration of the County Highway and City Street Superintendents Act.

Source:Laws 1969, c. 144, § 5, p. 666; Laws 2003, LB 500, § 5;    Laws 2017, LB339, § 161.    
Operative Date: July 1, 2017


39-2306. Class B license; application; fee; exceptions.

(1) Any person desiring to be issued a Class B license under section 39-2308 shall make application therefor to the board of examiners upon forms prescribed and furnished by the board. The application shall include the applicant's social security number. Such application shall be accompanied by an application fee of twenty-five dollars.

(2) Any professional engineer shall be entitled to a Class B license under section 39-2308 without examination.

Source:Laws 1969, c. 144, § 6, p. 667; Laws 1997, LB 622, § 61; Laws 1997, LB 752, § 94; Laws 2003, LB 500, § 6.    


39-2307. Board of examiners; examinations; conduct; test qualifications of applicants for Class B licenses.

The board of examiners shall, twice each year, conduct examinations of applicants for Class B licenses under section 39-2308. Such examinations shall be designed to test the qualifications of applicants for the position of county highway superintendent or city street superintendent and shall cover the ability to:

(1) Develop and annually update long-range plans based on needs and coordinated with adjacent local governmental units;

(2) Develop annual programs for design, construction, and maintenance;

(3) Develop annual budgets based on programmed projects and activities;

(4) Implement the capital improvements and maintenance activities provided in the approved plans, programs, and budgets; and

(5) Understand principles pertaining to highway, road, and street operations and to management of personnel, contractors, and equipment.

Source:Laws 1969, c. 144, § 7, p. 667; Laws 2003, LB 500, § 7.    


39-2308. Class B license; term; renewal.

Any person satisfactorily completing the examination required by section 39-2307 or exempt from such examination under the provisions of subsection (2) of section 39-2306 shall be issued a Class B license as a county highway or city street superintendent. Such license shall be valid for a period of one year and shall be renewable upon the payment of an annual fee of ten dollars. Any person holding a license on January 1, 2004, shall be deemed to be holding a Class B license under this section.

Source:Laws 1969, c. 144, § 8, p. 668; Laws 2003, LB 500, § 8.    


39-2308.01. Class A license; application; qualifications; fees; term; renewal.

Any person holding a Class B license issued pursuant to section 39-2308 may apply to the board of examiners for a Class A license upon forms prescribed and furnished by the board upon submitting evidence that (1) he or she has been employed and appointed by one or more county or counties or municipality or municipalities as a county highway or city street superintendent at least half-time for at least two years within the past six years or (2) he or she has at least four years' experience in work comparable to street or highway superintending. Such application shall be accompanied by a fee of seventy-five dollars. A Class A license shall be valid for a period of three years and shall be renewable for three years as provided in section 39-2308.02 upon payment of a fee of fifty dollars.

Source:Laws 2003, LB 500, § 9.    


39-2308.02. Class A license; renewal; professional development required.

(1) As a condition for renewal of a license issued pursuant to section 39-2308.01, the holder of a Class A license shall be required to have successfully completed twenty hours of professional development within the preceding three years. Any license holder who completes in excess of twenty hours of professional development within the preceding three years may have the excess, not to exceed ten hours, applied to the requirement for the next triennium.

(2) The board of examiners shall not renew the Class A license of a license holder who has failed to complete the professional development requirements pursuant to subsection (1) of this section unless he or she can show good cause why he or she was unable to comply with such requirements. If the board determines that good cause was shown, the board shall permit such license holder to make up all outstanding required hours of professional development. If the board determines that good cause was not shown or if the license holder requests renewal as a Class B licensee, the board shall issue a Class B license. Renewal of such Class B license shall be governed by section 39-2308.

(3) A holder of a Class B license who previously held a Class A license may be reissued a Class A license by:

(a) Electing to either:

(i) Complete one and one-half of the triennial requirements for professional development as set forth in the rules and regulations of the board; or

(ii) Reapply under section 39-2308.01; and

(b) Paying the seventy-five-dollar Class A application fee.

Source:Laws 2003, LB 500, § 10.    


39-2308.03. Licensees; additional licensure; requirements.

The holder of a county highway superintendent's license shall be entitled to hold a city street superintendent's license of the same or a lower level upon payment of the application fee for that additional license. The holder of a city street superintendent's license shall be entitled to hold a county highway superintendent's license of the same or a lower level upon payment of the application fee for that additional license.

Source:Laws 2003, LB 500, § 11.    


39-2309. License; suspension; revocation; grounds; hearing; notice.

The board of examiners may suspend or revoke any license issued under the County Highway and City Street Superintendents Act for fraud or deceit in obtaining it, neglect of duty, or incompetence in the performance of duty. Such action shall only be taken after notice and hearing under the provisions of the Administrative Procedure Act.

Source:Laws 1969, c. 144, § 9, p. 668; Laws 2003, LB 500, § 12.    


Cross References

39-2310. Funds received under act; use.

All funds received under the County Highway and City Street Superintendents Act shall be remitted to the State Treasurer for credit to the Highway Cash Fund. Expenses of the members of the board of examiners as provided in section 39-2304 shall be paid by the Department of Transportation from the Highway Cash Fund.

Source:Laws 1969, c. 144, § 10, p. 668; Laws 1971, LB 53, § 4; Laws 1972, LB 1496, § 1; Laws 2003, LB 500, § 13;    Laws 2017, LB339, § 162.    
Operative Date: July 1, 2017


39-2311. Rules and regulations.

The board of examiners may adopt and promulgate rules and regulations for the administration of the County Highway and City Street Superintendents Act.

Source:Laws 1969, c. 144, § 11, p. 668; Laws 2003, LB 500, § 14.    


39-2401. Highway Allocation Fund; created; investment.

There is hereby established the Highway Allocation Fund. There shall be paid into such fund the amounts disbursed from time to time from the Highway Trust Fund as provided by law together with such sums as may be appropriated thereto from the General Fund and proceeds of sales and use taxes credited to the Highway Allocation Fund under section 77-27,132. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:Laws 1971, LB 53, § 5; Laws 1986, LB 599, § 12; Laws 1995, LB 7, § 37; Laws 2006, LB 904, § 1.    


Cross References

39-2402. Repealed. Laws 1986, LB 599, § 25.

39-2403. Repealed. Laws 1986, LB 599, § 25.

39-2501. Incentive payments for road purposes; priority.

Before making distribution of funds allocated to the counties or municipal counties for road purposes, incentive payments shall first be made as provided in sections 39-2502 to 39-2505.

Source:Laws 1969, c. 315, § 1, p. 1133; Laws 2001, LB 142, § 39.    


39-2502. County highway superintendent, defined; duties; incentive payment.

An incentive payment shall be made to each county having in its employ a county highway superintendent licensed under the County Highway and City Street Superintendents Act, during the calendar year preceding the year in which payment is made. For purposes of sections 39-2501 to 39-2510, county highway superintendent means a person who actually performs the following duties:

(1) Developing and annually updating a long-range plan based on needs and coordinated with adjacent local governmental units;

(2) Developing an annual program for design, construction, and maintenance;

(3) Developing an annual budget based on programmed projects and activities;

(4) Submitting such plans, programs, and budgets to the local governing body for approval;

(5) Implementing the capital improvements and maintenance activities provided in the approved plans, programs, and budgets; and

(6) Preparing and submitting annually to the Board of Public Roads Classifications and Standards the county's one-year plans, six-year plans, or annual metropolitan transportation improvement programs for highway, road, and street improvements under sections 39-2115 to 39-2117, 39-2119, and 39-2119.01 and a report showing the actual receipts, expenditures, and accomplishments compared with those budgeted and programmed in the county's annual plans as set forth in section 39-2120.

Source:Laws 1969, c. 315, § 2, p. 1133; Laws 1976, LB 724, § 7; Laws 2003, LB 500, § 15;    Laws 2007, LB277, § 7.    


Cross References

39-2503. Incentive payment; amount.

The incentive payment to the various counties and municipal counties shall be based on the level of license of the county highway superintendent employed by the county and on the rural population of each county or municipal county, as determined by the most recent federal census, according to the following table:

Rural Population Class B License Class A License
Payment Payment
Not more than 3,000 $4,500.00 $9,000.00
3,001 to 5,000 $4,875.00 $9,750.00
5,001 to 10,000 $5,250.00 $10,500.00
10,001 to 20,000 $5,625.00 $11,250.00
20,001 to 30,000 $6,000.00 $12,000.00
30,001 and more $6,375.00 $12,750.00

Source:Laws 1969, c. 315, § 3, p. 1134; Laws 1981, LB 51, § 1; Laws 2001, LB 142, § 40;    Laws 2003, LB 500, § 16.    


39-2504. Incentive payment; reduction; when; consulting engineer; when; contracting with another political subdivision; payment.

(1) A reduced incentive payment shall be made to any county or municipal county having in its employ either (a) a licensed county highway superintendent for only a portion of the calendar year preceding the year in which the payment is made or (b) two or more successive licensed county highway superintendents for the calendar year preceding the year in which the payment is made. Such reduced payment shall be in the proportion of the payment amounts listed in section 39-2503 as the number of full months each such licensed superintendent was employed is of twelve.

(2) Any county or municipal county that contracts for the services of a consulting engineer licensed under the County Highway and City Street Superintendents Act or any other person licensed under the act to perform the duties outlined in section 39-2502 rather than employing a licensed county highway superintendent shall be entitled to an incentive payment equal to two-thirds the payment amount provided in section 39-2503 or two-thirds of the reduced incentive payment provided in subsection (1) of this section, as determined by the Department of Transportation pursuant to section 39-2505.

(3) Any county or municipal county that contracts with another county or municipal county or with any city or village for the services of a licensed county highway superintendent as provided in section 39-2114 shall be entitled to the incentive payment provided in section 39-2503 or the reduced incentive payment provided in subsection (1) of this section.

Source:Laws 1969, c. 315, § 4, p. 1134; Laws 1981, LB 51, § 2; Laws 2001, LB 142, § 41;    Laws 2003, LB 500, § 17;    Laws 2017, LB339, § 163.    
Operative Date: July 1, 2017


Cross References

39-2505. Incentive payments; Department of Transportation; certify amount; State Treasurer; payment.

The Department of Transportation shall, in January of each year commencing in 1970, determine and certify to the State Treasurer the amount of each incentive payment to be made under the provisions of sections 39-2501 to 39-2505. The State Treasurer shall, on or before February 15, make the incentive payments in accordance with such certification.

Source:Laws 1969, c. 315, § 5, p. 1134; Laws 2017, LB339, § 164.    
Operative Date: July 1, 2017


39-2506. Repealed. Laws 1985, LB 25, § 3.

39-2507. Allocation of funds for road purposes; factors used.

The following factors and weights shall be used in determining the amount to be allocated to each of the counties or municipal counties for road purposes each year:

(1) Rural population of each county or municipal county, as determined by the most recent federal census, twenty percent;

(2) Total population of each county or municipal county, as determined by the most recent federal census, ten percent;

(3) Lineal feet of bridges twenty feet or more in length and all overpasses in each county or municipal county, as determined by the most recent inventory available within the Department of Transportation, ten percent, and for purposes of this subdivision a bridge or overpass located partly in one county or municipal county and partly in another shall be considered as being located one-half in each county or municipal county;

(4) Total motor vehicle registrations, other than prorated commercial vehicles, in the rural areas of each county or municipal county, as determined from the most recent information available from the Department of Motor Vehicles, twenty percent;

(5) Total motor vehicle registrations, other than prorated commercial vehicles, in each county or municipal county as determined from the most recent information available from the Department of Motor Vehicles, ten percent;

(6) Total miles of county or municipal county and township roads within each county or municipal county, as determined by the most recent inventory available within the Department of Transportation, twenty percent; and

(7) Value of farm products sold from each county or municipal county, as determined from the most recent federal Census of Agriculture, ten percent.

Source:Laws 1969, c. 315, § 7, p. 1135; Laws 2001, LB 142, § 42;    Laws 2017, LB339, § 165.    
Operative Date: July 1, 2017


39-2508. Allocation of funds for road purposes; Department of Transportation; State Treasurer; duties.

The Department of Transportation shall compute the amount allocated to each county or municipal county under each of the factors listed in section 39-2507 and shall then compute the total allocation to each such county or municipal county and transmit such information to the local governing board and the State Treasurer, who shall disburse funds accordingly.

Source:Laws 1969, c. 315, § 8, p. 1136; Laws 1985, LB 25, § 1; Laws 2001, LB 142, § 43;    Laws 2017, LB339, § 166.    
Operative Date: July 1, 2017


39-2509. Matching funds; requirement; exceptions; effect.

(1) Each county or municipal county shall be entitled to one-half of the amount allocated to it each year under sections 39-2507 and 39-2508 with no requirement for providing funds locally, but shall be required to match the second one-half on the basis of one dollar for each two dollars it receives with any available funds.

(2) Each county or municipal county which, during the preceding fiscal year, failed to provide locally the minimum required by subsection (1) of this section shall forfeit one dollar for each dollar which it fails to so provide locally. Any amounts forfeited under the provisions of this subsection first shall be made available to the incorporated municipalities, as determined by the county board or the council of the municipal county, within the county or municipal county which forfeits the funds, such funds to be matched by the incorporated municipalities in the same manner as would have been required of the county or municipal county had it not forfeited the funds, and if not so used, then shall be allocated among and distributed to the counties and municipal counties that have complied with the requirements of subsection (1) of this section. Such distribution shall be made as provided in sections 39-2507 and 39-2508, except that any county or municipal county having levied its constitutional maximum and not levied sufficient funds to fully match its share of the second half of the highway-user funds allocated to that county or municipal county may apply to the Board of Public Roads Classifications and Standards for exemption from that part of the local matching requirement that it cannot match. The board may grant such exemption if, in its judgment, the county or municipal county has not unnecessarily increased its expenditures for other than road purposes after receiving its allocation for roads in previous years.

(3) For the purposes of this section, providing locally shall include, but not be limited to, providing money for road purposes through the following, except that there shall not be duplication in the following in the determination of the total:

(a) Property taxes levied by action of county and township boards or the council of the municipal county for construction, improvement, maintenance, and repair of roads, bridges, culverts, and drainage structures, for curbs, for snow removal, for grading of dirt and gravel roads, for traffic signs and signals, and for construction of storm sewers directly related to roads and property taxes levied for the payment of the principal and interest on general obligation bonds for any of the foregoing;

(b) Contributions received for road purposes;

(c) Local costs in the acquisition of road right-of-way, including incidental expenses directly related to such acquisition; and

(d) Inheritance taxes allocated for road purposes.

Source:Laws 1969, c. 315, § 9, p. 1136; Laws 1971, LB 694, § 1; Laws 1971, LB 844, § 2; Laws 1985, LB 25, § 2; Laws 2001, LB 142, § 44.    


39-2510. Funds received; use; restriction; exception.

(1) All money derived from fees, excises, or license fees relating to registration, operation, or use of vehicles on the public highways, or to fuels used for the propulsion of such vehicles, shall be expended for payment of highway obligations, cost of construction, reconstruction, maintenance, and repair of public highways and bridges and county, city, township, and village roads, streets, and bridges, and all facilities, appurtenances, and structures deemed necessary in connection with such highways, bridges, roads, and streets, or may be pledged to secure bonded indebtedness issued for such purposes, except for (a) the cost of administering laws under which such money is derived, (b) statutory refunds and adjustments provided therein, and (c) money derived from the motor vehicle operators' license fees or money received from parking meter proceeds, fines, and penalties.

(2) The requirements of subsection (1) of this section also apply to sales and use taxes imposed on motor vehicles, trailers, and semitrailers pursuant to sections 13-319 and 77-27,142, except that such provisions shall not apply in a county or municipal county that has issued bonds (a) the proceeds of which were used for purposes listed in subsection (1) of this section and for which revenue other than sales and use taxes on motor vehicles, trailers, and semitrailers is pledged for payment or (b) approved by a vote that required the use of sales and use taxes imposed on motor vehicles, trailers, and semitrailers for a specific purpose other than those listed in subsection (1) of this section, until all such bonds issued prior to January 1, 2006, have been paid or retired. The county or municipal county shall include a certification with the report under section 39-2120 showing the amount of revenue other than sales and use tax revenue derived from motor vehicles, trailers, or semitrailers that is to be expended for the purposes listed in subsection (1) of this section and the amount of sales and use taxes expected to be collected from sales of motor vehicles, trailers, and semitrailers for that year.

Source:Laws 1969, c. 315, § 10, p. 1138; Laws 1997, LB 271, § 15; Laws 2006, LB 904, § 2.    


39-2511. Incentive payments for street purposes; priority.

Before making distribution of funds allocated to the municipalities or municipal counties for street purposes, incentive payments shall first be made as provided in sections 39-2512 to 39-2515.

Source:Laws 1969, c. 316, § 1, p. 1139; Laws 2001, LB 142, § 45.    


39-2512. City street superintendent, defined; duties; incentive payment.

An incentive payment shall be made to each municipality or municipal county having in its employ a city street superintendent licensed under the County Highway and City Street Superintendents Act, during the calendar year preceding the year in which payment is made. For purposes of sections 39-2511 to 39-2520, city street superintendent means a person who actually performs the following duties:

(1) Developing and annually updating a long-range plan based on needs and coordinated with adjacent local governmental units;

(2) Developing an annual program for design, construction, and maintenance;

(3) Developing an annual budget based on programmed projects and activities;

(4) Submitting such plans, programs, and budgets to the local governing body for approval;

(5) Implementing the capital improvements and maintenance activities provided in the approved plans, programs, and budgets; and

(6) Preparing and submitting annually to the Board of Public Roads Classifications and Standards the one-year plans, six-year plans, or annual metropolitan transportation improvement programs of the municipality or municipal county for highway, road, and street improvements under sections 39-2115 to 39-2117, 39-2119, and 39-2119.01 and a report showing the actual receipts, expenditures, and accomplishments compared with those budgeted and programmed in the annual plans of the municipality or municipal county as set forth in section 39-2120.

Source:Laws 1969, c. 316, § 2, p. 1139; Laws 1976, LB 724, § 8; Laws 2001, LB 142, § 46;    Laws 2003, LB 500, § 18;    Laws 2007, LB277, § 8.    


Cross References

39-2513. Incentive payment; amount.

The incentive payment to the various municipalities or municipal counties shall be based on the level of license of the city street superintendent employed by the municipality or municipal counties and on the population of each municipality or urbanized area of each municipal county, as determined by the most recent federal census figures certified by the Tax Commissioner as provided in section 77-3,119, according to the following table:

Population Class B License Class A License
Payment Payment
Not more than 500 $300.00 $600.00
501 to 1,000 $500.00 $1,000.00
1,001 to 2,500 $1,500.00 $3,000.00
2,501 to 5,000 $2,000.00 $4,000.00
5,001 to 10,000 $3,000.00 $6,000.00
10,001 to 20,000 $3,500.00 $7,000.00
20,001 to 40,000 $3,750.00 $7,500.00
40,001 to 200,000 $4,000.00 $8,000.00
200,001 and more $4,250.00 $8,500.00

Source:Laws 1969, c. 316, § 3, p. 1139; Laws 1993, LB 726, § 9; Laws 1994, LB 1127, § 5; Laws 2001, LB 142, § 47;    Laws 2003, LB 500, § 19.    


39-2514. Incentive payment; reduction; when; consulting engineer; when; contracting with another political subdivision.

(1) A reduced incentive payment shall be made to any municipality or municipal county having in its employ either (a) a licensed city street superintendent for only a portion of the calendar year preceding the year in which the payment is made or (b) two or more successive licensed city street superintendents for the calendar year preceding the year in which the payment is made. Such reduced payment shall be in the proportion of the payment amounts listed in section 39-2513 as the number of full months each such licensed superintendent was employed is of twelve.

(2) Any municipality or municipal county that contracts for the services of a consulting engineer licensed under the County Highway and City Street Superintendents Act or any other person licensed under the act to perform the duties outlined in section 39-2512 rather than employing a licensed city street superintendent shall be entitled to an incentive payment as provided in section 39-2513 or to the reduced incentive payment provided in subsection (1) of this section, as determined by the Department of Transportation pursuant to section 39-2515.

(3) Any municipality or municipal county that contracts with another municipality, county, or municipal county for the services of a licensed city street superintendent as provided in section 39-2114 shall be entitled to the incentive payment provided in section 39-2513 or the reduced incentive payment provided in subsection (1) of this section.

Source:Laws 1969, c. 316, § 4, p. 1140; Laws 2001, LB 142, § 48;    Laws 2003, LB 500, § 20;    Laws 2017, LB339, § 167.    
Operative Date: July 1, 2017


Cross References

39-2515. Incentive payments; Department of Transportation, certify amount; State Treasurer; payment.

The Department of Transportation shall, in January of each year commencing in 1970, determine and certify to the State Treasurer the amount of each incentive payment to be made under the provisions of sections 39-2511 to 39-2520. The State Treasurer shall, on or before February 15, make the incentive payments in accordance with such certification.

Source:Laws 1969, c. 316, § 5, p. 1140; Laws 2017, LB339, § 168.    
Operative Date: July 1, 2017


39-2516. Repealed. Laws 1982, LB 592, § 2.

39-2517. Allocation of funds for street purposes; factors used.

The following factors and weights shall be used in determining the amount to be allocated to each of the municipalities or municipal counties for street purposes each year:

(1) Total population of each incorporated municipality or the urbanized area of a municipal county, as determined by the most recent federal census figures certified by the Tax Commissioner as provided in section 77-3,119, fifty percent;

(2) Total motor vehicle registrations, other than prorated commercial vehicles, in each incorporated municipality or the urbanized area of a municipal county, as determined from the most recent information available from the Department of Motor Vehicles, thirty percent; and

(3) Total number of miles of traffic lanes of streets in each incorporated municipality or the urbanized area of a municipal county, as determined by the most recent inventory available within the Department of Transportation, twenty percent.

Source:Laws 1969, c. 316, § 7, p. 1141; Laws 1993, LB 726, § 10; Laws 1994, LB 1127, § 6; Laws 2001, LB 142, § 49;    Laws 2017, LB339, § 169.    
Operative Date: July 1, 2017


39-2518. Allocation of funds for street purposes; Department of Transporation; State Treasurer; duties.

The Department of Transportation shall compute the amount allocated to each municipality or municipal county under the factors listed in section 39-2517 and shall then compute the total allocation to each such municipality or municipal county and transmit such information to the local governing body and the State Treasurer, who shall disburse funds accordingly.

Source:Laws 1969, c. 316, § 8, p. 1141; Laws 1986, LB 729, § 1; Laws 2001, LB 142, § 50;    Laws 2017, LB339, § 170.    
Operative Date: July 1, 2017


39-2519. Matching funds; requirement; exceptions; effect.

(1) Each city of the metropolitan or primary class or successor municipal county shall be entitled to the first one-third of its annual allocation with no requirement of matching, but shall be required to match the second one-third, on the basis of one dollar for each dollar it receives, with funds provided locally for street purposes, and shall be required to match the final one-third, on the basis of one dollar for each two dollars it receives, with funds so provided. Each city of the first or second class or village or successor municipal county shall be entitled to one-half of its annual allocation with no requirement of matching, but shall be required to match the second one-half on the basis of one dollar for each two dollars it receives, with any available funds. Any municipality or municipal county which during the preceding fiscal year failed to provide the matching funds required by this subsection shall, except as provided in subsection (2) or (3) of this section, forfeit so much of its allocation as it fails to match. Any amount so forfeited shall be reallocated and distributed to the municipalities or municipal counties which have met the full matching provisions of this subsection. Such reallocation shall be made in the manner provided in sections 39-2517 and 39-2518.

(2) Any municipality or municipal county may accumulate and invest any portion or all of the money it receives for a period not to exceed four years so as to provide funds for one or more specific street improvement projects. Any municipality or municipal county so accumulating funds shall certify to the State Treasurer that the required matching funds are being accumulated and invested each year of the accumulation.

(3) Any municipality may, for any year, certify to the State Treasurer that it relinquishes, to the county in which it is situated in whole or in part or to a county whose border is contiguous with and adjacent to any county which is adjacent to the county in which the municipality is situated in whole or in part, all or a part of the state funds allocated to it for that year. The amount so relinquished shall be available for distribution to such county subject to the same matching as would have been required of the municipality had it not relinquished such funds and without regard to the provisions of sections 39-2501 to 39-2510. Any amount so distributed to the county shall be used exclusively for road purposes within the trade area of the relinquishing municipality as may be agreed upon by the county and municipal governing bodies.

(4) Any municipality may certify to the State Treasurer that it relinquishes, to the county in which it is situated in whole or in part, all or a part of the state funds allocated to it for not to exceed three years. The amount so relinquished shall be available for distribution to such county subject to the same matching as would have been required of the municipality had it not relinquished such funds and without regard to the provisions of sections 39-2501 to 39-2510. Any relinquishment under this subsection shall be made pursuant to an agreement between the relinquishing municipality and the county, to which other political subdivisions may also be parties, which provides for the accumulation and investment by the county of the amount relinquished for not to exceed three years so as to provide funds for one or more specific road improvement projects.

(5) For purposes of this section, provided locally shall include, but not be limited to, money provided for street purposes through the following, except that there shall not be duplication in the following in the determination of the total:

(a) Local motor vehicle or wheel fees or taxes;

(b) Property taxes levied by action of the local governing body for construction, improvement, maintenance, and repair of streets and bridges, curbs, snow removal, street cleaning, grading of dirt and gravel streets and roads, traffic signs and signals, construction of storm sewers directly related to streets, offstreet public parking owned by the municipality or municipal county, and the payment of the principal and interest on general obligation bonds for any of the foregoing;

(c) Special assessments levied for street paving or improvement districts and offstreet public parking owned by the municipality or municipal county;

(d) Local costs in the acquisition of street right-of-way including incidental expenses directly related to such acquisition; and

(e) Any other funds provided solely for street purposes.

Source:Laws 1969, c. 316, § 9, p. 1141; Laws 1971, LB 74, § 1; Laws 1972, LB 907, § 1; Laws 1976, LB 724, § 9; Laws 1993, LB 384, § 1; Laws 1997, LB 271, § 16; Laws 2001, LB 142, § 51;    Laws 2002, LB 616, § 2.    


39-2520. Funds received; use restriction; exception.

(1) All money derived from fees, excises, or license fees relating to registration, operation, or use of vehicles on the public highways, or to fuels used for the propulsion of such vehicles, shall be expended for payment of highway obligations, cost of construction, reconstruction, maintenance, and repair of public highways and bridges and county, city, township, and village roads, streets, and bridges, and all facilities, appurtenances, and structures deemed necessary in connection with such highways, bridges, roads, and streets, or may be pledged to secure bonded indebtedness issued for such purposes, except for (a) the cost of administering laws under which such money is derived, (b) statutory refunds and adjustments provided therein, and (c) money derived from the motor vehicle operators' license fees or money received from parking meter proceeds, fines, and penalties.

(2) The requirements of subsection (1) of this section also apply to sales and use taxes imposed on motor vehicles, trailers, and semitrailers pursuant to sections 13-319 and 77-27,142, except that such provisions shall not apply in a municipality that has issued bonds (a) the proceeds of which were used for purposes listed in subsection (1) of this section and for which revenue other than sales and use taxes on motor vehicles, trailers, and semitrailers is pledged for payment or (b) approved by a vote that required the use of sales and use taxes imposed on motor vehicles, trailers, and semitrailers for a specific purpose other than those listed in subsection (1) of this section, until all such bonds issued prior to January 1, 2006, have been paid or retired. The municipality shall include a certification with the report under section 39-2120 showing the amount of revenue other than sales and use tax revenue derived from motor vehicles, trailers, or semitrailers that is to be expended for the purposes listed in subsection (1) of this section and the amount of sales and use taxes expected to be collected from sales of motor vehicles, trailers, and semitrailers for that year.

Source:Laws 1969, c. 316, § 10, p. 1143; Laws 1971, LB 74, § 2; Laws 1997, LB 271, § 17; Laws 2006, LB 904, § 3.    


39-2601. Purpose of sections.

For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the location and maintenance of junkyards in areas adjacent to the Highway Beautification Control System within this state. The Legislature finds and declares that junkyards which do not conform to the requirements of sections 39-2601 to 39-2612 are public nuisances.

Source:Laws 1971, LB 398, § 1; Laws 1995, LB 264, § 24.


39-2601.01. Expenditure of funds; limitation.

The department shall not expend any funds under sections 39-2601 to 39-2612 unless federal-aid matching funds are available for the purpose described in 23 U.S.C. 136.

Source:Laws 1995, LB 264, § 34.


39-2602. Terms, defined.

For purposes of sections 39-2601 to 39-2612, unless the context otherwise requires:

(1) Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material;

(2) Automobile graveyard means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts;

(3) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard, and includes garbage dumps and sanitary fills;

(4) Highway Beautification Control System has the same meaning as in section 39-201.01;

(5) Scenic byway has the same meaning as in section 39-201.01;

(6) Main-traveled way means the traveled portion of an interstate or primary highway on which through traffic is carried and, in the case of a divided highway, the traveled portion of each of the separated roadways;

(7) Person means any natural person, partnership, limited liability company, association, corporation, or governmental subdivision; and

(8) Department means the Department of Transportation.

Source:Laws 1971, LB 398, § 2; Laws 1993, LB 121, § 214; Laws 1995, LB 264, § 25; Laws 2017, LB339, § 171.    
Operative Date: July 1, 2017


Annotations

39-2603. Location.

(1) Except as provided in subsection (2) of this section, no person shall locate or maintain a junkyard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System, without obtaining a permit from the department.

(2) Junkyards located in counties which have formally adopted a comprehensive development plan and a zoning resolution regulating the location of junkyards within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System, except those routes which consist of the federally designated National System of Interstate and Defense Highways, shall be exempt from the permit requirements of sections 39-2601 to 39-2612.

Source:Laws 1971, LB 398, § 3; Laws 1995, LB 264, § 26; Laws 2003, LB 186, § 1.    


39-2604. Permit; issuance; fees; disposition.

The department may issue permits for the location and operation of junkyards within the limits prescribed in section 39-2603. If the applicant is an individual, the application for a permit shall include the applicant's social security number. The department shall charge an annual permit fee to be paid to the department in the manner provided by the department and shall thereafter be paid into the Highway Cash Fund and shall, by order, adjust the annual fees to cover the costs of administering the provisions of sections 39-2601 to 39-2612.

Source:Laws 1971, LB 398, § 4; Laws 1995, LB 264, § 27; Laws 1997, LB 752, § 95.


39-2605. Permit; issuance; conditions.

No permit shall be granted for the location and maintenance of a junkyard within one thousand feet of the nearest edge of the right-of-way of any roadway of the Highway Beautification Control System except the following:

(1) Those which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main-traveled way of the system, or otherwise removed from sight;

(2) Those located within areas which are zoned for industrial use under authority of the law of a municipality or county, except those located along any route designated as a scenic byway;

(3) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by rules to be promulgated by the department, except those located along any route designated as a scenic byway; and

(4) Those which are not visible from the main-traveled way of the system.

Source:Laws 1971, LB 398, § 5; Laws 1995, LB 264, § 28.


39-2606. Existing junkyards; screening; expense paid by department.

Except as provided in section 39-2608, any junkyard lawfully in existence on August 27, 1971, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled way of the Highway Beautification Control System and which does not qualify for a permit under section 39-2605 shall be screened by the department so as not to be visible from the main-traveled way of such highway, the cost of which shall be paid in full by the department.

Source:Laws 1971, LB 398, § 6; Laws 1995, LB 264, § 29.


39-2607. Rules and regulations; promulgation.

The department may promulgate rules governing the materials, location, planting, construction, and maintenance for the screening or fencing required by the provisions of sections 39-2601 to 39-2612.

Source:Laws 1971, LB 398, § 7; Laws 1995, LB 264, § 30.


39-2608. Removal; when; department; powers.

Any junkyard in existence on August 27, 1971, which does not qualify for a permit under section 39-2605 and which cannot, as a practical matter, be screened may be removed. The department may acquire by gift, purchase, exchange or condemnation from the owner, such interests in lands as may be necessary to acquire the location, or to effect the removal or disposal of such junkyards.

Source:Laws 1971, LB 398, § 8; Laws 1995, LB 264, § 31.


39-2609. Nuisance; injunction.

The department may apply to the district court in the county in which such junkyards may be located for an injunction to abate such nuisance or for such other relief as may be necessary or proper.

Source:Laws 1971, LB 398, § 9.


39-2610. Sections, how construed.

Nothing in sections 39-2601 to 39-2612 shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which is more restrictive than sections 39-2601 to 39-2612.

Source:Laws 1971, LB 398, § 10; Laws 1995, LB 264, § 32.


39-2611. Agreements with federal authority; authorization.

The department shall be authorized to enter into agreements with the appropriate federal authority as provided by 23 U.S.C., relating to the control of junkyards in areas adjacent to the Highway Beautification Control System, and to take action in the name of the state to comply with the terms of such agreement.

Source:Laws 1971, LB 398, § 11; Laws 1995, LB 264, § 33.


39-2612. Violations; penalty.

Any person who shall be found in violation of section 39-2603 shall be guilty of a Class II misdemeanor. Each day's violation shall constitute a separate offense.

Source:Laws 1971, LB 398, § 12; Laws 1977, LB 40, § 220.


39-2701. Act, how cited.

Sections 39-2701 to 39-2705 shall be known and may be cited as the Build Nebraska Act.

Source:Laws 2011, LB84, § 1.    


39-2702. Terms, defined.

For purposes of the Build Nebraska Act:

(1) Department means the Department of Transportation;

(2) Fund means the State Highway Capital Improvement Fund; and

(3) Surface transportation project means (a) expansion or reconstruction of a road or highway which is part of the state highway system, (b) expansion or reconstruction of a bridge which is part of the state highway system, or (c) construction of a new road, highway, or bridge which, if built, would be a part of the state highway system.

Source:Laws 2011, LB84, § 2;    Laws 2017, LB339, § 172.    
Operative Date: July 1, 2017


39-2703. State Highway Capital Improvement Fund; created; use; investment.

(1) The State Highway Capital Improvement Fund is created. The fund shall consist of money credited to the fund pursuant to section 77-27,132 and any other money as determined by the Legislature.

(2) The department may create or direct the creation of accounts within the fund as the department determines to be appropriate and useful in administering the fund.

(3) Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Investment earnings from investment of money in the fund shall be credited to the fund.

Source:Laws 2011, LB84, § 3.    


Cross References

39-2704. Fund; uses enumerated.

The fund shall be used as follows:

(1) At least twenty-five percent of the money credited to the fund pursuant to section 77-27,132 each fiscal year shall be used, as determined by the department, for construction of the expressway system and federally designated high priority corridors; and

(2) The remaining money credited to the fund pursuant to section 77-27,132 each fiscal year shall be used to pay for surface transportation projects of the highest priority as determined by the department.

Source:Laws 2011, LB84, § 4.    


39-2705. Rules and regulations.

The department may adopt and promulgate rules and regulations to carry out the Build Nebraska Act.

Source:Laws 2011, LB84, § 5.    


39-2801. Act, how cited.

Sections 39-2801 to 39-2824 shall be known and may be cited as the Transportation Innovation Act.

Source:Laws 2016, LB960, § 1.    


39-2802. Terms, defined.

For purposes of the Transportation Innovation Act:

(1) Alternative technical concept means changes suggested by a qualified, eligible, short-listed design-builder to the department’s basic configurations, project scope, design, or construction criteria;

(2) Best value-based selection process means a process of selecting a design-builder using price, schedule, and qualifications for evaluation factors;

(3) Construction manager means the legal entity which proposes to enter into a construction manager-general contractor contract pursuant to the act;

(4) Construction manager-general contractor contract means a contract which is subject to a qualification-based selection process between the department and a construction manager to furnish preconstruction services during the design development phase of the project and, if an agreement can be reached which is satisfactory to the department, construction services for the construction phase of the project;

(5) Construction services means activities associated with building the project;

(6) Department means the Department of Transportation;

(7) Design-build contract means a contract between the department and a design-builder which is subject to a best value-based selection process to furnish (a) architectural, engineering, and related design services and (b) labor, materials, supplies, equipment, and construction services;

(8) Design-builder means the legal entity which proposes to enter into a design-build contract;

(9) Multimodal transportation network means the interconnected system of highways, roads, streets, rail lines, river ports, and transit systems which facilitates the movement of people and freight to enhance Nebraska's economy;

(10) Preconstruction services means all nonconstruction-related services that a construction manager performs in relation to the design of the project before execution of a contract for construction services. Preconstruction services includes, but is not limited to, cost estimating, value engineering studies, constructability reviews, delivery schedule assessments, and life-cycle analysis;

(11) Project performance criteria means the performance requirements of the project suitable to allow the design-builder to make a proposal. Performance requirements shall include, but are not limited to, the following, if required by the project: Capacity, durability, standards, ingress and egress requirements, description of the site, surveys, soil and environmental information concerning the site, material quality standards, design and milestone dates, site development requirements, compliance with applicable law, and other criteria for the intended use of the project;

(12) Proposal means an offer in response to a request for proposals (a) by a design-builder to enter into a design-build contract or (b) by a construction manager to enter into a construction manager-general contractor contract;

(13) Qualification-based selection process means a process of selecting a construction manager based on qualifications;

(14) Request for proposals means the documentation by which the department solicits proposals; and

(15) Request for qualifications means the documentation or publication by which the department solicits qualifications.

Source:Laws 2016, LB960, § 2;    Laws 2017, LB339, § 173.    
Operative Date: July 1, 2017


39-2803. Transportation Infrastructure Bank Fund; created; use; investment.

(1) The Transportation Infrastructure Bank Fund is created. The fund shall be administered by the department and shall be used for purposes of sections 39-2803 to 39-2807. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Investment earnings from investment of money in the fund shall be credited to the fund.

(2) The Transportation Infrastructure Bank Fund shall consist of money transferred from the Cash Reserve Fund pursuant to section 84-612 and any other money as determined by the Legislature.

(3) It is the intent of the Legislature that additional fuel tax revenue generated by Laws 2015, LB610, shall be transferred from the Roads Operations Cash Fund to the Transportation Infrastructure Bank Fund. Transfers shall be initiated each fiscal year by the State Treasurer following certification of revenue receipts by the Director-State Engineer from July 1, 2016, through June 2033. Transferred funds shall be used for purposes of sections 39-2803 to 39-2807.

Source:Laws 2016, LB960, § 3.    Termination Date: June 30, 2033


Cross References

39-2804. Accelerated State Highway Capital Improvement Program; created.

The Accelerated State Highway Capital Improvement Program is created. The department shall administer the program using funds from the Transportation Infrastructure Bank Fund. The purpose of the program is to accelerate capital improvement projects to provide the earliest possible mobility, freight, and safety benefits to the state, thereby accelerating enhancements to the state’s economy and the quality of life of the general public. The department shall develop the program. The projects eligible for funding under the program include construction of the expressway system and federally designated high priority corridors and needs-driven capacity improvements across the state.

Source:Laws 2016, LB960, § 4.    Termination Date: June 30, 2033


39-2805. County Bridge Match Program; created; termination.

(1) The County Bridge Match Program is created. The department shall administer the program using funds from the Transportation Infrastructure Bank Fund, except that no more than forty million dollars shall be expended for this program. The purpose of the program is to promote innovative solutions and provide additional funding to accelerate the repair and replacement of deficient bridges on the county road system. The department shall develop the program, including participation criteria and matching fund requirements for counties, in consultation with a statewide association representing county officials. Participation by counties in the program shall be voluntary. The details of the program shall be presented to the Appropriations Committee and the Transportation and Telecommunications Committee of the Legislature on or before December 1, 2016.

(2) The County Bridge Match Program terminates on June 30, 2023.

Source:Laws 2016, LB960, § 5.    Termination Date: June 30, 2033


39-2806. Economic Opportunity Program; created.

The Economic Opportunity Program is created. The Department of Transportation shall administer the program in consultation with the Department of Economic Development using funds from the Transportation Infrastructure Bank Fund, except that no more than twenty million dollars shall be expended for this program. The purpose of the program is to finance transportation improvements to attract and support new businesses and business expansions by successfully connecting such businesses to Nebraska’s multimodal transportation network and to increase employment, create high-quality jobs, increase business investment, and revitalize rural and other distressed areas of the state. The Department of Transportation shall develop the program, including the application process, criteria for providing funding, matching requirements, and provisions for recapturing funds awarded for projects with unmet obligations, in consultation with statewide associations representing municipal and county officials, economic developers, and the Department of Economic Development. No project shall be approved through the Economic Opportunity Program without an economic impact analysis proving positive economic impact. The details of the program shall be presented to the Appropriations Committee and the Transportation and Telecommunications Committee of the Legislature on or before December 1, 2016.

Source:Laws 2016, LB960, § 6;    Laws 2017, LB339, § 174.    
Operative Date: July 1, 2017
Termination Date: June 30, 2033


39-2807. Sections; termination.

Sections 39-2803 to 39-2807 terminate on June 30, 2033. The State Treasurer shall transfer any unobligated funds remaining in the Transportation Infrastructure Bank Fund on such date to the Cash Reserve Fund.

Source:Laws 2016, LB960, § 7.    Termination Date: June 30, 2033


39-2808. Purpose of sections.

The purpose of sections 39-2808 to 39-2823 is to provide the department alternative methods of contracting for public projects. The alternative methods of contracting shall be available to the department for use on any project regardless of the funding source. Notwithstanding any other provision of state law to the contrary, the Transportation Innovation Act shall govern the design-build and construction manager-general contractor procurement process.

Source:Laws 2016, LB960, § 8.    


39-2809. Design-build contract; construction manager-general contract; authorized.

The department, in accordance with sections 39-2808 to 39-2823, may solicit and execute a design-build contract or a construction manager-general contractor contract for a public project, other than a project that is primarily resurfacing, rehabilitation, or restoration.

Source:Laws 2016, LB960, § 9.    


39-2810. Department; hire engineering or architectural consultant.

The department may hire an engineering or architectural consultant to assist the department with the development of project performance criteria and requests for proposals, with evaluation of proposals, with evaluation of the construction to determine adherence to the project performance criteria, and with any additional services requested by the department to represent its interests in relation to a project. The procedures used to hire such person or organization shall comply with the Nebraska Consultants' Competitive Negotiation Act. The person or organization hired shall be ineligible to be included as a provider of other services in a proposal for the project for which he or she has been hired and shall not be employed by or have a financial or other interest in a design-builder or construction manager who will submit a proposal.

Source:Laws 2016, LB960, § 10.    


Cross References

39-2811. Guidelines; contents.

The department shall adopt guidelines for entering into a design-build contract or construction manager-general contractor contract. The guidelines shall include the following:

(1) Preparation and content of requests for qualifications;

(2) Preparation and content of requests for proposals;

(3) Qualification and short-listing of design-builders and construction managers. The guidelines shall provide that the department will evaluate prospective design-builders and construction managers based on the information submitted to the department in response to a request for qualifications and will select a short list of design-builders or construction managers who shall be considered qualified and eligible to respond to the request for proposals;

(4) Preparation and submittal of proposals;

(5) Procedures and standards for evaluating proposals;

(6) Procedures for negotiations between the department and the design-builders or construction managers submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated; and

(7) Procedures for the evaluation of construction under a design-build contract to determine adherence to the project performance criteria.

Source:Laws 2016, LB960, § 11.    


39-2812. Process; provisions applicable.

The process for selecting a design-builder and entering into a design-build contract shall be in accordance with sections 39-2813 to 39-2816.

Source:Laws 2016, LB960, § 12.    


39-2813. Request for qualifications for design-build proposals; publication; short list created.

(1) The department shall prepare a request for qualifications for design-build proposals and shall prequalify design-builders. The request for qualifications shall describe the project in sufficient detail to permit a design-builder to respond. The request for qualifications shall identify the maximum number of design-builders the department will place on a short list as qualified and eligible to receive a request for proposals.

(2) A person or organization hired by the department under section 39-2810 shall be ineligible to compete for a design-build contract on the same project for which the person or organization was hired.

(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any design-builder upon request.

(4) The department shall create a short list of qualified and eligible design-builders in accordance with the guidelines adopted pursuant to section 39-2811. The department shall select at least two prospective design-builders, except that if only one design-builder has responded to the request for qualifications, the department may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the design-builders placed on the short list.

Source:Laws 2016, LB960, § 13.    


39-2814. Request for proposals for design-build contract; elements.

The department shall prepare a request for proposals for each design-build contract. The request for proposals shall contain, at a minimum, the following elements:

(1) The guidelines adopted by the department in accordance with section 39-2811. The identification of a publicly accessible location of the guidelines, either physical or electronic, shall be considered compliance with this subdivision;

(2) The proposed terms and conditions of the design-build contract, including any terms and conditions which are subject to further negotiation;

(3) A project statement which contains information about the scope and nature of the project;

(4) A statement regarding alternative technical concepts including the process and time period in which such concepts may be submitted, confidentiality of the concepts, and ownership of the rights to the intellectual property contained in such concepts;

(5) Project performance criteria;

(6) Budget parameters for the project;

(7) Any bonding and insurance required by law or as may be additionally required by the department;

(8) The criteria for evaluation of proposals and the relative weight of each criterion. The criteria shall include, but are not limited to, the cost of the work, construction experience, design experience, and the financial, personnel, and equipment resources available for the project. The relative weight to apply to any criterion shall be at the discretion of the department based on each project, except that in all cases, the cost of the work shall be given a relative weight of at least fifty percent;

(9) A requirement that the design-builder provide a written statement of the design-builder's proposed approach to the design and construction of the project, which may include graphic materials illustrating the proposed approach to design and construction and shall include price proposals;

(10) A requirement that the design-builder agree to the following conditions:

(a) At the time of the design-build proposal, the design-builder must furnish to the department a written statement identifying the architect or engineer who will perform the architectural or engineering work for the project. The architect or engineer engaged by the design-builder to perform the architectural or engineering work with respect to the project must have direct supervision of such work and may not be removed by the design-builder prior to the completion of the project without the written consent of the department;

(b) At the time of the design-build proposal, the design-builder must furnish to the department a written statement identifying the general contractor who will provide the labor, material, supplies, equipment, and construction services. The general contractor identified by the design-builder may not be removed by the design-builder prior to completion of the project without the written consent of the department;

(c) A design-builder offering design-build services with its own employees who are design professionals licensed to practice in Nebraska must (i) comply with the Engineers and Architects Regulation Act by procuring a certificate of authorization to practice architecture or engineering and (ii) submit proof of sufficient professional liability insurance in the amount required by the department; and

(d) The rendering of architectural or engineering services by a licensed architect or engineer employed by the design-builder must conform to the Engineers and Architects Regulation Act; and

(11) Other information or requirements which the department, in its discretion, chooses to include in the request for proposals.

Source:Laws 2016, LB960, § 14.    


Cross References

39-2815. Stipend.

The department shall pay a stipend to qualified design-builders that submit responsive proposals but are not selected. Payment of the stipend shall give the department ownership of the intellectual property contained in the proposals and alternative technical concepts. The amount of the stipend shall be at the discretion of the department.

Source:Laws 2016, LB960, § 15.    


39-2816. Submission of proposals; sealed; rank of design-builders; negotiation of contract.

(1) Design-builders shall submit proposals as required by the request for proposals. The department may meet with individual design-builders prior to the time of submitting the proposal and may have discussions concerning alternative technical concepts. If an alternative technical concept provides a solution that is equal to or better than the requirements in the request for proposals and the alternative technical concept is acceptable to the department, it may be incorporated as part of the proposal by the design-builder. Notwithstanding any other provision of state law to the contrary, alternative technical concepts shall be confidential and not disclosed to other design-builders or members of the public from the time the proposals are submitted until such proposals are opened by the department.

(2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.

(3) Proposals may be withdrawn at any time prior to the opening of such proposals in which case no stipend shall be paid. The department shall have the right to reject any and all proposals at no cost to the department other than any stipend for design-builders who have submitted responsive proposals. The department may thereafter solicit new proposals using the same or different project performance criteria or may cancel the design-build solicitation.

(4) The department shall rank the design-builders in order of best value pursuant to the criteria in the request for proposals. The department may meet with design-builders prior to ranking.

(5) The department may attempt to negotiate a design-build contract with the highest ranked design-builder selected by the department and may enter into a design-build contract after negotiations. If the department is unable to negotiate a satisfactory design-build contract with the highest ranked design-builder, the department may terminate negotiations with that design-builder. The department may then undertake negotiations with the second highest ranked design-builder and may enter into a design-build contract after negotiations. If the department is unable to negotiate a satisfactory contract with the second highest ranked design-builder, the department may undertake negotiations with the third highest ranked design-builder, if any, and may enter into a design-build contract after negotiations.

(6) If the department is unable to negotiate a satisfactory contract with any of the ranked design-builders, the department may either revise the request for proposals and solicit new proposals or cancel the design-build process under sections 39-2808 to 39-2823.

Source:Laws 2016, LB960, § 16.    


39-2817. Selection of construction manager; construction manager-general contractor contract; sections applicable; request for qualifications; prequalification; publication; short list created.

(1) The process for selecting a construction manager and entering into a construction manager-general contractor contract shall be in accordance with this section and sections 39-2818 to 39-2820.

(2) The department shall prepare a request for qualifications for construction manager-general contractor contract proposals and shall prequalify construction managers. The request for qualifications shall describe the project in sufficient detail to permit a construction manager to respond. The request for qualifications shall identify the maximum number of eligible construction managers the department will place on a short list as qualified and eligible to receive a request for proposals.

(3) The request for qualifications shall be (a) published in a newspaper of statewide circulation at least thirty days prior to the deadline for receiving the request for qualifications and (b) sent by first-class mail to any construction manager upon request.

(4) The department shall create a short list of qualified and eligible construction managers in accordance with the guidelines adopted pursuant to section 39-2811. The department shall select at least two construction managers, except that if only one construction manager has responded to the request for qualifications, the department may, in its discretion, proceed or cancel the procurement. The request for proposals shall be sent only to the construction managers placed on the short list.

Source:Laws 2016, LB960, § 17.    


39-2818. Request for proposals for construction manager-general contractor contract; elements.

The department shall prepare a request for proposals for each construction manager-general contractor contract. The request for proposals shall contain, at a minimum, the following elements:

(1) The guidelines adopted by the department in accordance with section 39-2811. The identification of a publicly accessible location of the guidelines, either physical or electronic, shall be considered compliance with this subdivision;

(2) The proposed terms and conditions of the contract, including any terms and conditions which are subject to further negotiation;

(3) Any bonding and insurance required by law or as may be additionally required by the department;

(4) General information about the project which will assist the department in its selection of the construction manager, including a project statement which contains information about the scope and nature of the project, the project site, the schedule, and the estimated budget;

(5) The criteria for evaluation of proposals and the relative weight of each criterion;

(6) A statement that the construction manager shall not be allowed to sublet, assign, or otherwise dispose of any portion of the contract without consent of the department. In no case shall the department allow the construction manager to sublet more than seventy percent of the work, excluding specialty items; and

(7) Other information or requirements which the department, in its discretion, chooses to include in the request for proposals.

Source:Laws 2016, LB960, § 18.    


39-2819. Submission of proposals; sealed; rank of construction managers; negotiation of contract.

(1) Construction managers shall submit proposals as required by the request for proposals.

(2) Proposals shall be sealed and shall not be opened until expiration of the time established for making the proposals as set forth in the request for proposals.

(3) Proposals may be withdrawn at any time prior to signing a contract for preconstruction services. The department shall have the right to reject any and all proposals at no cost to the department. The department may thereafter solicit new proposals or may cancel the construction manager-general contractor procurement process.

(4) The department shall rank the construction managers in accordance with the qualification-based selection process and pursuant to the criteria in the request for proposals. The department may meet with construction managers prior to the ranking.

(5) The department may attempt to negotiate a contract for preconstruction services with the highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the department is unable to negotiate a satisfactory contract for preconstruction services with the highest ranked construction manager, the department may terminate negotiations with that construction manager. The department may then undertake negotiations with the second highest ranked construction manager and may enter into a contract for preconstruction services after negotiations. If the department is unable to negotiate a satisfactory contract with the second highest ranked construction manager, the department may undertake negotiations with the third highest ranked construction manager, if any, and may enter into a contract for preconstruction services after negotiations.

(6) If the department is unable to negotiate a satisfactory contract for preconstruction services with any of the ranked construction managers, the department may either revise the request for proposals and solicit new proposals or cancel the construction manager-general contractor contract process under sections 39-2808 to 39-2823.

Source:Laws 2016, LB960, § 19.    


39-2820. Department; cost estimate; conduct contract negotiations.

(1) Before the construction manager begins any construction services, the department shall:

(a) Conduct an independent cost estimate for the project; and

(b) Conduct contract negotiations with the construction manager to develop a construction manager-general contractor contract for construction services.

(2) If the construction manager and the department are unable to negotiate a contract, the department may use other contract procurement processes. Persons or organizations who submitted proposals but were unable to negotiate a contract with the department shall be eligible to compete in the other contract procurement processes.

Source:Laws 2016, LB960, § 20.    


39-2821. Contracts; changes authorized.

A design-build contract and a construction manager-general contractor contract may be conditioned upon later refinements in scope and price and may permit the department in agreement with the design-builder or construction manager to make changes in the project without invalidating the contract.

Source:Laws 2016, LB960, § 21.    


39-2822. Department; authority for political subdivision projects.

The department may enter into agreements under sections 39-2808 to 39-2823 to let, design, and construct projects for political subdivisions when any of the funding for such projects is provided by or through the department. In such instances, the department may enter into contracts with the design-builder or construction manager. The provisions of the Political Subdivisions Construction Alternatives Act shall not apply to projects let, designed, and constructed under the supervision of the department pursuant to agreements with political subdivisions under sections 39-2808 to 39-2823.

Source:Laws 2016, LB960, § 22.    


Cross References

39-2823. Insurance.

Nothing in sections 39-2808 to 39-2823 shall limit or reduce statutory or regulatory requirements regarding insurance.

Source:Laws 2016, LB960, § 23.    


39-2824. Rules and regulations.

The department may adopt and promulgate rules and regulations to carry out the Transportation Innovation Act.

Source:Laws 2016, LB960, § 24.