The county board shall have power to lay out, alter or discontinue any road running through its county, to vacate or discontinue public roads running parallel and adjacent to state or federal highways not more than four hundred yards from said highway, or any part thereof, or any abandoned or unused road or part thereof, and for such purpose may acquire title to lands therein, either by gift, prescription, dedication, the exercise of the right of eminent domain, purchase or lease, and may perform such duties concerning roads as may be prescribed by law; Provided, that the county board shall not vacate or discontinue any public road or any part thereof which is within the area of the zoning jurisdiction of a city of the metropolitan, primary or first class without the prior approval of the governing body of such city.

Source

  • Laws 1879, § 23, p. 360;
  • Laws 1887, c. 26, § 1, p. 351;
  • Laws 1905, c. 44, § 1, p. 288;
  • R.S.1913, § 952;
  • Laws 1915, c. 17, § 1, p. 73;
  • C.S.1922, § 852;
  • Laws 1925, c. 93, § 1, p. 274;
  • Laws 1929, c. 60, § 2, p. 232;
  • C.S.1929, § 26-105;
  • Laws 1931, c. 40, § 1, p. 135;
  • Laws 1933, c. 36, § 1, p. 236;
  • Laws 1939, c. 28, § 5, § 145;
  • Laws 1941, c. 48, § 2, p. 236;
  • C.S.Supp.,1941, § 26-105;
  • Laws 1943, c. 57, § 1(4), p. 225;
  • R.S.1943, § 23-108;
  • Laws 1971, LB 192, § 1.

Terms Used In Nebraska Statutes 23-108

  • Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
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