§ 39-1402 — Public roads; supervision by county board

Nebraska § 39-1402

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

Text

General supervision and control of the public roads of each county is vested in the county board. The board shall have the power and authority of establishment, improvement, maintenance and abandonment of public roads of the county and of enforcement of the laws in relation thereto as provided by the provisions of Chapter 39, articles 14 to 20, except sections 39-1520.01 and 39-1908 .

Legislative History

Source: Laws 1957, c. 155, art. I, § 2, p. 509. Annotations: In the case of a road that is located within both a county and a township, the county board and the township board have concurrent authority over that road. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013). The exercise of a county’s authority over township roads can supersede a township’s concurrent authority over those same roads. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013). The power of general supervision of public roads vested in county boards by this section is neither exclusive nor mandatory. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013). Under Nebraska statutes, the general supervision of public roads is vested in both county boards and township boards. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013). With respect to public roads, a county which vacates a road while retaining a right-of-way has a duty to exercise such degree of care as would be exercised by a reasonable county under the same circumstances. Blaser v. County of Madison, 285 Neb. 290, 826 N.W.2d 554 (2013). This section and section 31-740 authorize concurrent authority in a county and a sanitary and improvement district to maintain and improve public roads within the boundaries of the sanitary and improvement district. SID No. 2 of Stanton County v. County of Stanton, 252 Neb. 731, 567 N.W.2d 115 (1997). This section outlines a county's authority over public roads within the county. State ex rel. Scherer v. Madison Cty. Comrs., 247 Neb. 384, 527 N.W.2d 615 (1995). The County Board is vested with general supervision and control of the public roads located in its county as provided in this section. Art-Kraft Signs, Inc. v. County of Hall, 203 Neb. 523, 279 N.W.2d 159 (1979). The statutory definition of public roads makes no distinction between county roads and township roads for the general purpose of this section. Art-Kraft Signs, Inc. v. County of Hall, 203 Neb. 523, 279 N.W.2d 159 (1979).