Procedure for Vacation and Abandonment of County Roads
Attached is the Nebraska State Statute on
Vacation and Abandonment
(§39-1722 through §39-1731)
§39-1722: This statute explains
what needs to be done if you wish to close or abandon a county road.
1.
Legal
description of road proposed to be vacated or abandoned.
2.
Reason
or reasons why said road should be vacated or abandoned
3.
Petition
signed by ten (10) or more electors residing within ten (10) miles of the road
proposed to be vacated or abandoned
a.
Address
must be included with each name
NOTE: Attached is a petition
sheet which you may use. There is a
section for the legal description, reason why road is to be closed or vacated,
and an area for ten (10) electors signatures.
The petitioner will be subject to paying the costs involved with the
abandonment and closing of a road. The
expenses involve the mailing of certified letters, publication costs and the
fee for the highway superintendent to inspect the property.
Vacating a road means the road will no longer
exist. Fences can be placed over the
road
Closing a road means no maintenance will be given
the road, but there will be a road there for possible travel by land owners or
any utility company.
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State of |
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PETITION |
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To the The undersigned electors all residing
within ten (10) miles of the road which is hereby proposed to be
vacated/closed ask that the public road commencing at: (legal description) be vacated/closed. Said road should be vacated/closed
because The undersigned request that a
time and date be set for a public hearing and that the County Board proceed
with vacating/closing the above described road as set forth in §39-1722
through §39-1731, RRS, as amended. |
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Signature 1. ____________________________ 2. ____________________________ 3. ____________________________ 4. ____________________________ 5. ____________________________ 6. ____________________________ 7. ____________________________ 8. ____________________________ 9. ____________________________ 10. ____________________________ |
Address _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ _________________________________________ |
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I, , of
lawful age being first duly sworn, depose and say that I am acquainted with
each and all of the parties whose names are signed on the within petition and
that each of said parties are electors and that each reside within ten (10)
miles of the road in said petition described. Subscribed in my presence and
sworn to before me ,
(seal) Notary
Public |
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(printed March
2007)
Section 39-1722
Road vacation
or abandonment; resolution of county board directing study; report to board;
permanent record.
The
county board of any county may by resolution, when it deems the public interest
may require vacation or abandonment of a public road of the county, direct the
county highway superintendent or in counties having no highway superintendent
then such person as the board may direct to study the use being made of such
public road and to submit in writing to the county board within thirty days, a
report upon the study made and his or her recommendation as to the vacation or
abandonment thereof. Said resolution and report shall be retained in the office
of the county clerk as a part of the permanent public records of the county
board; PROVIDED, that the county board shall not require vacation or
abandonment of any public road or any part thereof which is within the area of
the zoning jurisdiction of a city of the metropolitan, primary, or first class
without the prior approval of the governing body of such city.
Source:
Laws 1957, c. 155, art. IV, § 22, p. 547
Laws 1971, LB 192, § 2
Laws 1980, LB 607, § 1
Annotations:
Statute providing for
limited access to interstate highway was not limited or controlled by general
road laws. Fougeron v.
Section 39-1723
Road vacation
or abandonment; electors' petition; contents; study and report.
Any
person desiring the vacation or abandonment of any public road of the county
shall file in the office of the county clerk of the proper county, a petition
signed by ten or more electors residing within ten miles of the road proposed
to be vacated or abandoned, which petition shall contain (1) the names and
addresses of said electors, (2) a clear and unambiguous description of the road
proposed to be vacated or abandoned, (3) the reason or reasons why said road
should be vacated or abandoned, and (4) a request that a time and date be set
for public hearing before the county board. The county board shall within two
weeks thereafter direct the county highway superintendent, or in counties
having no highway superintendent then such person as the board may direct, to
proceed in the manner set forth in section 39-1722.
Source:
Laws 1957, c. 155, art. IV, § 23, p. 547
Laws 1961, c. 189, § 9, p. 583
Laws 1980, LB 607, § 2
Section 39-1724
County board
resolution ordering public hearing; publication; service of notice on adjacent
landowners and municipality.
Upon
receipt of the report, as provided in section 39-1722, the county board shall
adopt a resolution fixing the time, date, and place for public hearing. Such
resolution shall contain a clear and unambiguous description of the road to be
vacated or abandoned. The county board shall cause such resolution to be published
once a week for three consecutive weeks in a legal newspaper published in the
county or, if none is published in the county, in a legal newspaper of general
circulation in the county. Whenever possible the board shall cause copies to be
served by either registered or certified mail upon the owners of land abutting
on or adjacent to the road to be vacated or abandoned and upon the planning and
public works directors of a city of the metropolitan, primary, or first class
when such road or any part thereof is within the area of the zoning
jurisdiction of such city by mailing the same to the last-known address of each
owner not less than two weeks in advance of the hearing.
Source:
Laws 1957, c. 155, art. IV, § 24, p. 548
Laws 1971, LB 192, § 3
Laws 1980, LB 607, § 3
Laws 1986, LB 960, § 30
Section 39-1725
Order of
county board; contents; conditions and vote required for vacation or
abandonment; resolution; disposition.
After
the public hearing the county board shall by resolution at its next meeting or
as soon thereafter as may be practicable vacate or abandon or refuse vacation
or abandonment, as in the judgment of the board the public good may require.
Vacation and abandonment shall not be ordered except upon vote of two-thirds of
all members of the board and the prior approval of the governing body of a city
of the metropolitan, primary, or first class has been obtained when any public
road or any part thereof is within the area of the zoning jurisdiction of such
city. If such road lies within a township in a county operating roads on a
township basis the road shall not be vacated or abandoned unless an offer has
been made to relinquish to the township in the manner provided in section
39-1726.
In
the event that the county board decides to vacate or abandon, its resolution
shall state upon what conditions, if any, the vacation or abandonment shall be
qualified and particularly whether or not the title or right-of-way to any
vacated or abandoned fragment or section of road shall be sold, revert to private
ownership, or remain in the public. If the county board fails to specify in a
resolution as to the disposition of right-of-way, and if there shall be nonuse
of such right-of-way for any public purpose for a continuous period of not less
than ten years, the right-of-way shall revert to the owners of the adjacent
real estate, one-half on each side thereof. When the county vacates all or any
portion of a road, the county shall, within thirty days after the effective
date of the vacation, file a certified copy of the vacating resolution with the
register of deeds for the county to be indexed against all affected lots.
Source:
Laws 1957, c. 155, art. IV, § 25, p. 548
Laws 1959, c. 167, § 7, p. 611
Laws 1971, LB 192, § 4
Laws 1972, LB 1277, § 1
Laws 1980, LB 607, § 4
Laws 2001, LB 483, § 7
Cross References:
Effect of conveyances of
tracts adjacent to vacated streets or alleys, see section 76-275.03.
Annotations:
County board's decision not
to rebuild bridge upheld where no showing that such discretionary decision was
arbitrary or capricious. State ex rel. Goossen v. Board of Supervisors, 198
Constitutionality of this section sustained. Emry v. Lake, 181
Title to abandoned road remained in county until a period of ten years of
non-use had elapsed. Plischke v. Jameson, 180
Section 39-1726
County
operating roads on a township basis; offer to relinquish; procedure; vacation
in metropolitan cities; notice to city planning director.
(1)
No fragment of a county road lying within a township in a county operating
roads on a township basis shall be vacated or abandoned without first offering
to relinquish it to the township. The county board shall offer to relinquish
such county road by written notification to such township. Such offer to
relinquish may be conditional or subject to the reservation of any right which
the county board deems necessary and proper. Four months after sending the
written notification, the county board may proceed to abandon such county road
unless a petition from a notified township has been filed with the county board
setting forth that the township desires to maintain such road, or portion
thereof, subject to the reservations contained in the notice. The county board
may reject any petition which does not accept the conditions or reservations
set forth in the notice. The petition and the acceptance or rejection thereof
by the county board shall be placed upon public record in the office of the county
clerk. In the event the petition is accepted, the county board shall by
resolution relinquish the county road to the township. From the date of the
resolution the county shall be relieved of all responsibility in relation to
the road. In the event a petition for relinquishment is not received within
four months or in the event that the petition for relinquishment is not
accepted, the county board shall, by resolution, state whether the vacated or
abandoned road shall be retained or disposed of by sale, or by reverter to the
adjacent property or otherwise.
(2)
In any county in which is located a city of the metropolitan class, written
notification of the proposed vacation or abandonment shall be given to the
planning director of the city, and any recommendations which the officer shall
make shall be received and considered before such vacation or abandonment is
effected.
(3)
When the county vacates or abandons all or any portion of a county road, the
county shall, within thirty days after the effective date of the vacation, file
a certified copy of the vacating resolution with the register of deeds for the
county in which the vacated property is located to be indexed against all
affected lots.
Source:
Laws 1957, c. 155, art. IV, § 26, p. 549
Laws 1963, c. 237, § 1, p. 727
Laws 1980, LB 607, § 5
Laws 2001, LB 483, § 8
Section 39-1727
County roads;
detachment from county road system.
Whenever
a county road has been designated and established as provided by sections
39-2001 to 39-2003, the county board may detach the same, or any part thereof,
from the county road system, and cause the same to revert back as a township
road. The county board shall no longer be obliged to maintain the same and the
maintenance and improvement of the road shall thereafter devolve upon the
township.
Source:
Laws 1957, c. 155, art. IV,
§ 27, p. 550
Section 39-1728
Barricading
of county or township roads by Department of Roads permitted; conditions;
procedure.
A county or township road
may be barricaded by the road department of the state for the purpose of
regulating, restricting, or prohibiting ingress and egress to a state highway
upon which the department has established a limited- or controlled-access
facility; PROVIDED, that prior thereto the written notice has been given by the
department to the county or township board having jurisdiction of the road to
be barricaded and that within thirty days from the date such notice was given,
the county or township board, as the case may be, has not adopted by unanimous
vote of all its members and delivered to the department a resolution opposing
the barricading of such road; AND PROVIDED FURTHER, that road crossings shall
be provided along such controlled- or limited-access facilities at intervals of
not to exceed five miles unless the consent of the county board has been
obtained for the establishment of fewer crossings.
Source:
Laws 1957, c. 155, art. IV,
§ 28, p. 550
Annotations:
This section is not special
legislation and does not operate to deprive landowner of property without due
process of law. Fougeron v.
Section 39-1729
Access to
public roads; right assured; landowners may waive; condemnation.
The
right of reasonable convenient egress and ingress from lands or lots, abutting
on an existing street or road, may not be denied except with the consent of the
owners of such lands or lots, or with the condemnation of such right of access
to and from such abutting lands or lots.
Source:
Laws 1957, c. 155, art. IV,
§ 29, p. 550
Section 39-1730
Public roads;
elimination of railroad crossings; petition; procedure.
Upon
the petition of the owner or operator of any railroad, the county board is
authorized to vacate such part of a public road, outside of incorporated cities
and villages, lying within the right-of-way of such railroad, and not part of a
state highway, if it appears that such crossing should be eliminated in the
interest of public safety. Such petition shall be filed with the county clerk
of the county in which such part of a public road is located. The same
procedure shall be followed in the elimination of railroad grade crossings as
is provided for the relocation, vacation, and abandonment of public roads as
set forth in sections 39-1722 to 39-1725.
Source:
Laws 1957, c. 155, art. IV,
§ 30, p. 551
Section 39-1731
Roads along
or across county line; discontinuance.
Roads
established by the concurrent action of the county boards of two or more
counties can be discontinued only by the concurrent action of the county boards
of the several counties in which the same may be situated; but such roads shall
be treated in all other respects as other public roads.
Source:
Laws 1957, c. 155, art. IV,
§ 31, p. 551