§ 39-1802 — Public roads; drainage facilities; construction and maintenance; authority of county board or road overseer; damage to property outside of right-of-way; notice

The county board shall have
the authority to construct, maintain, and
improve drainage facilities on the public roads of the county. The county
board also shall have the authority to make channel changes, control erosion,
and provide stream protection or any other control measures beyond the road
right-of-way limits wherever it is deemed necessary in order to protect the
roads and drainage facilities from damage. The county board or road overseer shall have
the authority to enter upon private or public property for the purposes listed in this section. The county board or road overseer
shall make a record of the condition of the premises at the time of entry
upon the premises or a record of any claimed encroachment of the road right-of-way
that can be used in the event of damages to private property.
In case of any damage to the premises, the county board shall pay the record owner of the premises
the amount of the damages. Upon failure of the landowner and county board
to agree upon the amount of damages, the landowner, in addition to any other
available remedy, may file a petition as provided for in section 76-705 . The county board or road overseer shall
give the record owner of the premises ten days' notice of its intention to
enter upon private property for purposes listed in this section or to modify,
relocate, remove, or destroy any encroaching private property in the county
road right-of-way for such purposes. Upon notice the record owner shall have
five days to respond to the county board or road overseer. In the event of
an emergency or a threat to public health, safety, or welfare, the notice
requirement of this section may be waived.

Legislative History

Source: Laws 1957, c. 155, art. V, § 2, p. 552; Laws 2013, LB386, § 1.