§ 39-1359 — Rights-of-way; inviolate for state and department purposes; temporary use for special events; conditions; notice; Political Subdivisions Tort Claims Act; applicable

Nebraska § 39-1359

• Jurisdiction: Nebraska
• Ch. 39: Highways and Bridges

Text

(1) The
rights-of-way acquired by the department shall be held inviolate for state
highway and departmental purposes and no physical or functional encroachments,
structures, or uses shall be permitted within such right-of-way limits, except
by written consent of the department or
as otherwise provided in subsections (2) and (3) of this section.
(2) A temporary
use of the state highway system, other than a freeway, by a county, city,
or village, including full and partial lane closures, shall be allowed for
special events, as designated by a county, city, or village, under the following
conditions:
(a) The roadway is located within the official corporate limits
or zoning jurisdiction of the county, city, or village;
(b) A county,
city, or village making use of the state highway system for a special event
shall have the legal duty to protect the highway property from any damage
that may occur arising out of the special event and the state shall not have
any such duty during the time the county, city, or village is in control of
the property as specified in the notice provided pursuant to subsection (3)
of this section;
(c)
Any existing statutory or common law duty of the state to protect the public
from damage, injury, or death shall become the duty of the county, city, or
village making use of the state highway system for the special event, and
the state shall not have such statutory or common law duty during the time
the county, city, or village is in control of the property as specified in
the notice provided pursuant to subsection (3) of this section; and
(d) The county,
city, or village using the state highway system for a special event shall
formally, by official governing body action, acknowledge that it accepts the
duties set out in this subsection and, if a claim is made against the state,
shall indemnify, defend, and hold harmless the state from all claims, demands,
actions, damages, and liability, including reasonable attorney's fees, that
may arise as a result of the special event.
(3) If a county, city, or village has met
the requirements of subsection (2) of this section for holding a special event
and has provided thirty days' advance written notice of the special event
to the department, the county, city, or village may proceed with its temporary
use of the state highway system. The notice shall specify the date and time
the county, city, or village will assume control of the state highway property
and relinquish control of such state highway property to the state.
(4) The Political Subdivisions
Tort Claims Act shall apply to any claim arising during the time specified
in a notice provided by a political subdivision pursuant to subsection (3)
of this section.

Legislative History

Source: Laws 1955, c. 148, § 59, p. 442; Laws 2011, LB589, § 4. Cross References: Political Subdivisions Tort Claims Act, see section 13-901. Annotations: No physical or functional encroachments upon right-of-way of state highway are permitted without written consent of Department of Roads. State v. Merritt Brothers Sand & Gravel Co., 180 Neb. 660, 144 N.W.2d 180 (1966).