§ 28-7215 — Public road access; vacating public roadway without compensation

A. A roadway shall not be vacated if any land adjoining the roadway is left without a public or private legal access connecting the land with an established public roadway, unless there is expressly reserved in the conveying instrument the roadway rights of ingress and egress for public or emergency vehicles, all property owners, property owner guests and invitees and persons lawfully conducting business on the land.

B. If a governing body determines that a public roadway has no public use or no market value, the governing body may vacate the public roadway without compensation to the governing body if the person taking the public roadway agrees to assume the costs of maintaining the public roadway and the liability for the public roadway.