14-116. Real estate within the extraterritorial zoning jurisdiction of city; subdividing; platting; conditions; powers of city council; requirements.

514 words·~2 min read·/ne/chapter-14/14-116

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)No owner of any real estate located in an area which is within the extraterritorial zoning jurisdiction of any city of the metropolitan class, when such real estate is located in any county in which such city is located, and is outside of any other organized city or village, shall be permitted to subdivide, plat, or lay out the real estate in building lots and streets or other portions of such real estate intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting on or adjacent to such real estate without first having obtained the approval by the city council of such city and, when applicable, having complied with sections 39-1311 to 39-1311.05 . No plat of such real estate shall be recorded in the office of the register of deeds or have any force or effect unless such plat shall have been first approved by the city council of such city.

(2)The city shall have the authority within its extraterritorial zoning jurisdiction to:

(a)Regulate the subdivision of land for the purpose, whether immediate or future, of transfer of ownership or building development;

(b)Prescribe standards for laying out subdivisions in harmony with a comprehensive plan;

(c)Require the installation of improvements by the owner or by the creation of public improvement districts, by requiring a good and sufficient bond guaranteeing installation of such improvement or by requiring the execution of a contract with the city insuring the installation of such improvements; and

(d)Require the dedication of land for adequate streets, drainage ways, and easements for sewers and utilities.

(3)All such requirements for improvements shall operate uniformly throughout the extraterritorial zoning jurisdiction of such city.

(4)For purposes of this section, subdivision shall mean the division of a lot, tract, or parcel of land into two or more lots, blocks, or other divisions of lands for the purpose, whether immediate or future, of ownership or building developments except that the division of land shall not be considered to be subdivision when the smallest parcel created is more than ten acres in size.

(5)The city council may withhold approval of a plat until the appropriate department of the city has certified that the improvements required by ordinance have been satisfactorily installed, until a sufficient bond guaranteeing installation of the improvements has been posted with the city, until public improvement districts have been created, or until a contract has been executed insuring the installation of such improvements.

This section does not govern the subdivision of property within an organized city or village, nor does it apply to the doctrine of adverse possession. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998).

This section gives the city of Omaha the power to accept dedication of streets in subdivisions within three miles of its corporate limits. Baker v. Buglewicz, 205 Neb. 656, 289 N.W.2d 519 (1980).

Power of city over platting is restricted to county in which property is located. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).