Nebraska Revised Statute 39-1722

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Chapter 39

39-1722.

Road vacation or abandonment; resolution of county board directing study; report to board; permanent record; section lines declared roads; vacation or abandonment; procedure.

(1) Except as provided in subsection (3) of this section, 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 the recommendation of the directed superintendent or person as to such vacation or abandonment. Such 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.

(2) The county board of any county shall not require vacation or abandonment of any public road or any part of such road 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.

(3)(a) Except as provided in subsection (2) of this section, the county board of any county may by resolution propose to vacate or abandon a public road that was previously declared a public road pursuant to section 39-1410 as such section existed prior to September 3, 2025, if it determines such vacation or abandonment is in the interest of the public.

(b) No study is required to be conducted for a vacation or abandonment under this subsection.

Source

Annotations

  • Statute providing for limited access to interstate highway was not limited or controlled by general road laws. Fougeron v. County of Seward, 174 Neb. 753, 119 N.W.2d 298 (1963).

  • The discretion exercised by a county board of commissioners under this section and section 39-1725 is not judicial in nature, and as such, the trial court did not have jurisdiction to hear a petition in error under section 25-1901. Camp Clarke Ranch v. Morrill Cty. Bd. of Comrs., 17 Neb. App. 76, 758 N.W.2d 653 (2008).