39-1728. Barricading of county or township roads by Department of Transportation 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.
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This section is not special legislation and does not operate to deprive landowner of property without due process of law. Fougeron v. County of Seward, 174 Neb. 753, 119 N.W.2d 298 (1963).
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