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LB 373

Change provisions relating to section lines and vacation or abandonment of public roads

109th Legislature (2025-2026) Introduced by Ben Hansen

Nebraska counties gain greater discretion to open, maintain, or vacate section-line roads, including bypassing a prior study in certain cases while preserving notice and hearings.

Approved by Governor on March 25, 2025
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Bill Summary · LB 373

Summary — LB 373 (2025)

Title: Change provisions relating to section lines and vacation or abandonment of public roads
Introduced by: Sen. Ben Hansen (District 16) — Introduced Jan 16, 2025
Status: Approved by Governor March 25, 2025; passed Final Reading (44–1–4)

LB 373 revises Nebraska law governing "section lines" (the survey grid lines often treated as roads) and the process counties use to vacate or abandon public roads. The bill increases county board discretion over section-line roads, streamlines the procedure for vacating certain roads, and updates public‑notice and survey-related requirements.

Main purpose / intent

  • Remove the automatic requirement that section lines be public roads and give county boards clearer discretion to open, maintain, or discontinue such roads.
  • Make it easier for county boards to propose vacation/abandonment of roads that had been declared public because they follow section lines by eliminating a required preliminary study for those cases.
  • Preserve public‑notice, hearing, and disposition rules when a road is vacated or abandoned.

Key provisions (by statute amended)

  • Sections amended: 39-1410, 39-1722, 39-1724, 39-1725 (original versions repealed).
  • 39-1410
    • Rewords section lines as “declared, but are not required, to be public roads” — clarifies county board discretion to open and work such roads without a preliminary survey.
    • Requires perpetuation/monumenting of government corners; work to be performed by county surveyor or a licensed land surveyor.
  • 39-1722
    • Retains provision allowing county boards to order a study and report (by county highway superintendent or other designee) when considering vacation/abandonment.
    • Adds a new subsection authorizing a county board to propose vacation/abandonment of a public road that was previously declared public under the earlier version of 39-1410 if it determines such action is in the public interest — and explicitly states no study is required for that category.
  • 39-1724 (notice and hearing)
    • Requires a resolution fixing hearing time/date/place when the board receives the study/report or when the board proposes to vacate a previously-declared section-line road.
    • Requires publication once weekly for three consecutive weeks in a legal newspaper.
    • Whenever possible, copies of the resolution must be mailed (registered/certified) at least two weeks before the hearing to owners of land abutting or adjacent to the road and to planning/public works directors of affected cities.
  • 39-1725 (decision & disposition)
    • After hearing, board may vacate/abandon or refuse such action; vacation requires two-thirds vote of all board members.
    • Requires prior approval of a metropolitan, primary, or first-class city's governing body if within that city's zoning jurisdiction.
    • If in a township road system, an offer to relinquish to the township is required (per 39‑1726).
    • Resolution must state disposition of the right-of-way (sale, reversion to adjacent owners, or remain public). If unspecified and unused for 10+ continuous years, ROW reverts to adjacent owners (half to each side).
    • Requires filing certified copy of vacating resolution with county register of deeds within 30 days.

Who is affected

  • County boards and county highway superintendents.
  • County surveyors and professional land surveyors.
  • Landowners whose property abuts section-line roads (notice and potential change in access or title).
  • Cities (metropolitan, primary, first-class) when affected roads fall within their zoning jurisdiction.
  • Townships operating roads on a township basis.
  • Utilities, emergency services, and members of the public reliant on existing road access.

Procedural / timeline highlights

  • Committee hearing: Jan 29, 2025 (Government, Military & Veterans Affairs); advanced to General File.
  • Advanced through Legislature (placed on Select File Feb 26; Final Reading Mar 20); final passage recorded as 44–1–4.
  • Presented to Governor Mar 20, 2025; approved/signed March 25, 2025.
  • Original statutory sections amended and repealed as provided in the bill. (No separate effective date specified in summary text; standard statute effective rules apply unless the enacted bill sets a different date.)

Potential impact / considerations

  • Grants counties more local control to discontinue section-line roads without conducting a required prior study in some cases, which may speed dispositions of little-used roads.
  • Could change ownership or access to property where right-of-way is vacated; adjacent landowners may gain title or require purchase.
  • Maintains public‑notice and hearing safeguards and city/township approval where jurisdictional concerns exist.
  • Survey and monumentation requirements remain, preserving boundary integrity where roads are opened or closed.

Compiled from official sources — confirm details with the bill’s official record.

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