Change provisions relating to section lines and vacation or abandonment of public roads
Summary
LB373 revises Nebraska law governing section lines and the vacation or abandonment of public roads. The bill declares section lines to be public roads in each county, while clarifying that counties are not required to open them unless the public good requires it. It also updates procedures for preserving section corners and government corners, including requirements for monuments, records, and use of the county surveyor or another qualified land surveyor when needed.
The bill further harmonizes and modernizes the process a county board must follow to vacate or abandon a public road. It sets out when a study and report are required, how public hearings must be noticed and conducted, what approvals are needed, and how the board must document the disposition of any right-of-way. It also addresses special protections for roads within the zoning jurisdiction of certain cities and for roads in township-road counties, and it requires filing the vacation resolution with the register of deeds so affected parcels can be indexed properly.
Impact
LB373 affects Nebraska statutes governing county roads, section lines, road vacations, and abandonment procedures. It repeals older provisions and replaces them with a more detailed and uniform framework for counties to follow when opening, vacating, or abandoning roads, including notice, hearing, voting thresholds, city approval requirements in some cases, and post-action recording obligations. The bill also clarifies how unused right-of-way reverts, or may remain public, depending on the county board’s resolution and the length of nonuse.
Sentiment
The overall sentiment around LB373 appears strongly favorable. The bill advanced unanimously out of committee-stage consideration and then passed final reading with overwhelming support, 44-1-4, before being approved by the Governor. The voting history suggests broad bipartisan agreement that the measure was a technical or administrative cleanup of road-law procedures rather than a controversial policy change.
Contention
There is little evidence of major controversy in the available record, but the bill’s substantive policy choices could matter to county governments, landowners, and municipalities. Potential points of contention include the conditions for vacating roads, the requirement for city approval when roads fall within certain city zoning areas, the treatment of township roads, and whether unused right-of-way reverts to adjacent owners or remains public. These issues primarily affect county boards, county surveyors, adjoining landowners, and cities with zoning jurisdiction.