(1) The construction, maintenance, protection, and control of the state highway system shall be under the authority and responsibility of the department, except as otherwise provided in sections 39-1339 and 39-1372.

Terms Used In Nebraska Statutes 39-1337

  • 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
  • Maintenance: means the act, operation, or continuous process of repair, reconstruction, or preservation of the whole or any part of any highway, including surface, shoulders, roadsides, traffic control devices, structures, waterways, and drainage facilities, for the purpose of keeping it at or near or improving upon its original standard of usefulness and safety. 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

(2) The construction, reconstruction, relocation, improvement, or maintenance of a highway approach damaged or destroyed due to (a) an extreme weather event or (b) faulty engineering shall be under the authority and responsibility of the department. The department may seek reimbursement from any party responsible for causing faulty engineering.

(3) The relative urgency of proposed improvements on the state highway system and highway approaches shall be determined by a sufficiency rating established by the department, insofar as the use of such a rating is deemed practicable. The sufficiency rating shall include, but not be limited to, the following factors: (a) Surface condition, (b) economic factors, (c) safety, and (d) service.

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