A. Highways that were constructed, laid out, opened or established before August 12, 1927 as public highways by the territory or state or by a board of supervisors or political subdivision of this state and that have been used continuously by the public as thoroughfares for free travel and passage for two years or more, regardless of an error, defect or omission in the proceeding to establish the highways or in recording the proceedings, and highways established pursuant to law are declared public highways sixty-six feet wide, unless the width of the highways is otherwise specified.

B. Except as specifically provided for in this title, this section does not apply to a portion of a public highway within the limits of an incorporated city or town that has a population of more than two thousand five hundred persons according to the most recent United States decennial census or the most recent special census as provided in section 28-6532.