The Director-State Engineer, for the department and in the name of the State of Nebraska, may prosecute to final determination any action, suit, or proceeding which in his judgment is necessary for the preservation of public safety, the promotion of the general welfare, and to carry out the provisions of sections 39-1327 to 39-1336. In addition to any other available remedies, the Director-State Engineer may secure an injunction or mandamus (1) to prevent any owner or occupier of property from constructing, using, or permitting to be used a private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without a written permit from the department when a permit is required, (2) to enforce compliance with the conditions of a permit issued by the department to a person for such construction, use, or right to permit such use, and (3) to enforce compliance with the rules and regulations regarding such construction and uses prescribed by the department.

Source

  • Laws 1955, c. 148, § 34, p. 432.

Terms Used In Nebraska Statutes 39-1334

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Highway: means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Nebraska Statutes 39-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. See Nebraska Statutes 39-101
  • 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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