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.
This section provides that whenever the county board finds that such conditions set forth in section 39-1713 are present and, instead of being entirely shut off from all public roads, that the owner has access to any public road only by an established private road less than 2 rods in width, the county board is required, upon the filing of an affidavit or affidavit and petition to hold a hearing on the matter. Lewis v. Board of Comrs. of Loup Cty., 247 Neb. 655, 529 N.W.2d 745 (1995).
Establishment of a public road upon satisfaction of statutory requirements is a ministerial duty within the power of the county board. Burton v. Annett, 215 Neb. 788, 341 N.W.2d 318 (1983).