39-1327. State highways; access rights; acquisition; damages.

324 words·~1 min read·/ne/chapter-39/39-1327

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

The department, with the advice of the State Highway Commission and the consent of the Governor, shall designate and establish controlled-access facilities. Upon such consent, the department

(1)is authorized to designate and establish controlled-access facilities,

(2)may design, construct, maintain, improve, alter, and vacate such facilities, and

(3)may regulate, restrict, or prohibit access to such facilities so as to best serve the traffic for which such facilities are intended. The department may provide for the elimination of intersections at grade with existing roads, streets, or highways, if the public interest shall be served thereby, and no road, street, or highway shall be opened into or connected with such facilities without the consent of the department. An existing road, street, or highway may be included within such facilities or such facilities may include new or additional roads, streets, or highways. In order to carry out the purposes of this section, the department may acquire, in public or private property, such rights of access as are deemed necessary, including but not necessarily limited to air, light, view, egress, and ingress. Such acquisitions may be by gift, devise, purchase, agreement, adverse possession, prescription, condemnation, or otherwise and may be in fee simple absolute or in any lesser estate or interest. The department may make provision to mitigate damages caused by such acquisitions, terms, and conditions regarding the abandonment or reverter of such acquisitions, and any other provisions or conditions that are desirable for the needs of the department and the general welfare of the public.

Specific right of the state to control access to a state highway is granted by this section. Hammer v. Department of Roads, 175 Neb. 178, 120 N.W.2d 909 (1963).

Any rights or claims to air, light, and view that were held by a previous property owner terminate with the purchase of that portion of the property by the department. Craig v. State, 19 Neb. App. 78, 805 N.W.2d 663 (2011).