39-1330 State highways; acquisition of property for right-of-way; department powers; reasonable access required.

NE Code § 39-1330 (2019) (N/A)

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39-1330. State highways; acquisition of property for right-of-way; department powers; reasonable access required.

In connection with the acquisition of real property for new right-of-way or additional right-of-way for any highway to be constructed, relocated, or reconstructed in either rural or urban areas and paid for in whole or in part with federal or state highway funds, the department may prescribe and define in purchase agreements or condemnation proceedings the location, width, nature, and extent of any right of access that may be permitted between such improved highway and the properties from which such right-of-way or additional right-of-way is acquired, but such prescription and definition shall in no case leave such private properties without a reasonable means of egress and ingress to a road.

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Evidence of the use of federal funds in a state road project is not admissible in an eminent domain proceeding, but its admission in this case was not prejudicial. Y Motel, Inc. v. State, 193 Neb. 526, 227 N.W.2d 869 (1975).

Upon reconstruction of state highway, adjoining landowner cannot be denied reasonable means of egress and ingress. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).

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39-1329 State highways; egress and ingress, when required; department; prescribe access.

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39-1331 State highways; farm land; severed tracts; access.