39-1410. Section lines declared roads; opening; damages, appraisal and allowance; government corners, how perpetuated.
233 words·~1 min read·
/ne/chapter-39/39-1410A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The section lines are hereby declared, but are not required, to be public roads in each county in the state.
(2)The county board of any county may, whenever the public good requires it, open roads on section lines and cause them to be worked in the same manner as other public roads.
(3)Any damages claimed by reason of any such road shall be appraised and allowed in the manner provided by law.
(4)(a) The county board shall cause existing government corners along such line to be perpetuated by:
(i)Causing to be planted monuments of some durable material, with suitable witnesses; and
(ii)Causing a record to be made of such monuments.
(b)If government corners are lost or obliterated, the county board shall cause the corners to be located in the manner provided in sections 23-1907 and 23-1908 .
(c)The county board shall cause any work to be done under this section to be performed by the county surveyor or, if there is no county surveyor in the county, by some other competent professional land surveyor.
A county cannot open a section line road without giving notice to the landowners, hearing the landowners' claim for damages, or appointing appraisers and making provisions for the payment of the landowners' damages; if it attempts to do so it is trespassing. Olson v. Bonham, 212 Neb. 548, 324 N.W.2d 260 (1982).