Nebraska Revised Statute 18-3309

Chapter 18 Section 3309

18-3309.

Additions; plats; vacation of part; effect.

Any part of a plat may be vacated under section 18-3308. Such vacating does not abridge or destroy any of the rights and privileges of other property owners in such plat. Nothing contained in this section shall authorize the closing or obstructing of any public highways laid out according to law.

Source

  • Laws 1879, § 109, p. 235;
  • R.S.1913, § 5097;
  • C.S.1922, § 4270;
  • C.S.1929, § 17-419;
  • R.S.1943, § 17-420;
  • R.S.1943, (2012), § 17-420;
  • Laws 2017, LB133, § 320.
  • Effective Date: August 24, 2017

Annotations

  • Closing or obstruction of public highway is not authorized on vacation of plat. City of Ord v. Zlomke, 181 Neb. 573, 149 N.W.2d 747 (1967).

  • Effect of vacation of plat of street is discussed and determined. Dell v. City of Lincoln, 170 Neb. 176, 102 N.W.2d 62 (1960).

  • After dedication and acceptance of street, private proprietors of adjoining land cannot vacate or change the dedication. Village of Maxwell v. Booth, 161 Neb. 300, 73 N.W.2d 177 (1955).

  • That part of this section that provides "nothing contained in this section shall authorize the closing or obstruction of any public highway laid out according to law", does not apply to nominal streets designated on plats which were never used as public highways. Village of Hay Springs v. Hay Springs Commercial Co., 131 Neb. 170, 267 N.W. 398 (1936).