§ 15-106 — Additions; how platted; approval; filed and recorded; effect; powers of mayor, city planning commission, and city planning director; appeal

Nebraska § 15-106

• Jurisdiction: Nebraska
• Ch. 15: Cities of the Primary Class

Text

(1) The owner of any land within the corporate limits of a city of the primary class or contiguous thereto may lay out such land into lots, blocks, public ways, and other grounds under the name of ................. addition to the city of .................. and shall cause an accurate plat thereof to be made, designating explicitly the land so laid out and particularly describing the lots, blocks, public ways, and grounds belonging to such addition. The lots shall be designated by number and by street. Public ways and other grounds shall be designated by name and by number. Such plat shall be acknowledged before some officer authorized to take acknowledgment of deeds and shall have appended to it a certificate made by a professional land surveyor that he or she has accurately surveyed such addition and that the lots, blocks, public ways, and other grounds are staked and marked as required by such city.
(2) When such plat is made, acknowledged, and certified, complies with the requirements of section 15-901 , and is approved by the city planning commission, such plat shall be filed and recorded in the office of the register of deeds and county assessor of the county in which the land is located. In lieu of approval by the city planning commission, the city council may designate specific types of plats which may be approved by the city planning director. No plat shall be recorded in the office of the register of deeds or have any force or effect unless such plat is approved by the city planning commission or the city planning director. The plat shall, after being filed with the register of deeds, be equivalent to a deed in fee simple absolute to the city, from the owner, of all streets, all public ways, squares, parks, and commons, and such portion of the land as is therein set apart for public use or dedicated to charitable, religious, or educational purposes.
(3) All additions thus laid out shall remain a part of the city, and all additions, except those additions as set forth in sections 15-106.01 and 15-106.02 , laid out adjoining or contiguous to the corporate limits of a city of the primary class shall be included therein and become a part of the city for all purposes. The inhabitants of such addition shall be entitled to all the rights and privileges and subject to all the laws, ordinances, rules, and regulations of the city. The mayor and city council shall have power by ordinance to compel owners of any such addition to lay out streets and public ways to correspond in width and direction and to be continuous with the streets and public ways in the city or additions contiguous to or near the proposed addition.
(4) No addition shall have any validity, right, or privilege as an addition unless the terms and conditions of such ordinance and of this section are complied with, the plats thereof are submitted to and approved by the city planning commission or the city planning director, and the approval of the city planning commission or the city planning director is endorsed thereon. The city council may provide procedures in land subdivision regulations for appeal by any person aggrieved by any action of the city planning commission or city planning director on any plat.

Legislative History

Source: Laws 1901, c. 16, § 6, p. 72; R.S.1913, § 4409; C.S.1922, § 3785; C.S.1929, § 15-106; R.S.1943, § 15-106; Laws 1959, c. 40, § 1, p. 217; Laws 1974, LB 757, § 2; Laws 1975, LB 410, § 1; Laws 1982, LB 909, § 1; Laws 1987, LB 715, § 1; Laws 1993, LB 39, § 1; Laws 2020, LB1003, § 9; Laws 2024, LB102, § 1. Annotations: Title conveyed by plat to streets and alleys is a determinable fee. Dell v. City of Lincoln, 170 Neb. 176, 102 N.W.2d 62 (1960).