15-701. Streets, sidewalks, public ways; improvements; condemnation; vacating; sale, exchange, or lease of property.
The city council of a city of the primary class shall have the power by ordinance to create, open, widen, or otherwise improve, vacate, control, name, and rename any street, alley, or public way or ways, including the sidewalk space within the corporate limits of the city, except that all damages sustained by the owners of the property thereon by opening or widening shall be ascertained as provided in sections 76-704 to 76-724. Whenever any street, alley, or public way shall be vacated, such street, alley, or public way shall revert to the owners of the adjacent real estate, one-half on each side thereof, unless the city reserves title to such street, alley, or public way in the ordinance vacating such street, alley, or public way. In the event title is retained by the city, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the city, as authorized in its home rule charter. When the city vacates all or any portion of a street, alley, or public way or ways, the city shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating ordinance with the register of deeds for the county in which the vacated property is located to be indexed against all affected lots.
Source
Annotations
Primary class city council action to vacate street or alley, retain title, and later sell property will not be overturned on review unless fraud, illegality of proceedings, absence of jurisdiction, or abuse of discretion clearly shown. Cather & Sons Constr., Inc. v. City of Lincoln, 200 Neb. 510, 264 N.W.2d 413 (1978).
Special proviso in Viaduct Act was enacted in view of this and other articles. State ex rel. City of Grand Island v. Union Pacific R. R. Co., 152 Neb. 772, 42 N.W.2d 867 (1950).
Structure Nebraska Revised Statutes
Chapter 15 - Cities of the Primary Class
15-101 - Cities of the primary class, defined; population required.
15-102 - Declaration as city of the primary class; when.
15-103 - Declaration as city of the primary class; government pending reorganization.
15-104 - Corporate limits; extension; annexation of villages; powers of city council.
15-105 - Corporate limits; extension; contiguous territory, defined.
15-107 - Corporate name; service of process.
15-108 - Reorganization; rights and privileges preserved.
15-110 - Precincts; numbering; division.
15-111 - Cities and villages; consolidation; petition; election; ballot forms.
15-112 - Consolidation; approval at election; certification.
15-117 - Consolidated or annexed cities and villages; actions pending; claims; claimants' rights.
15-201 - General powers; how exercised; seal.
15-201.01 - Extraterritorial zoning jurisdiction or authority; exercise outside of county.
15-201.02 - Purchase of real or personal property; installment contracts authorized.
15-202 - Property and occupation taxes; power to levy; limitations.
15-203 - Occupation tax; power to levy; exemptions.
15-204 - Additional taxes; authorized.
15-205 - Safety regulations; sidewalk structures; powers.
15-207 - Traffic; regulations; vehicle tax; powers.
15-209 - Railroads, depots, warehouses; power to regulate.
15-210 - Parks, monuments, recreation centers; acquire; construct; maintain; donations.
15-211 - Lots; drainage; costs; special assessment.
15-212 - Peddlers and vendors; regulation.
15-215 - Theatres, churches, halls; licenses; safety regulations.
15-216 - Buildings; construction; safety devices; regulation.
15-217 - Auctions; licensing; regulation.
15-218 - Animals at large; regulation; penalty.
15-219 - Pounds; power to establish; operation.
15-220 - Dogs and other animals; licensing; regulation.
15-221 - Nuisances; prevention; abatement.
15-222 - Public utilities; franchises; power to grant; elections required, when.
15-223 - Water; rates; regulation.
15-224 - Watercourses; wells; reservoirs; regulation.
15-225 - Fire department; establishment; government.
15-228 - Water districts; water mains; enlarging; construction; assessments.
15-229 - Eminent domain; power to exercise; procedure; entry to make surveys and tests; damages.
15-229.01 - Acquisition of land, property, or interest; uneconomic remnants of land; acquire, when.
15-229.02 - Real property; acquisition.
15-230 - Public libraries; establishment.
15-231 - Hospital; establishment.
15-234 - Hospital; rules; management.
15-235 - Hospital; contracts to support; when authorized.
15-235.01 - Hospital; terms, defined.
15-235.02 - Hospital; sinking fund; levy.
15-235.03 - Hospital; income, revenue, profits; disbursement.
15-235.04 - Hospital; sinking fund; investment.
15-236 - Contagious diseases; control; board of health; hospitals.
15-237 - Health regulations; nuisances; abatement; slaughterhouses; stockyards; location.
15-238 - Health regulations; sewer connections; power to compel.
15-239 - Cemeteries; establishment.
15-240 - Cemeteries; improvement.
15-241 - Cemeteries; conveyance of lots.
15-242 - Cemeteries; ownership of lots; monuments.
15-243 - Cemeteries; regulation.
15-244 - Money; power to borrow; pledges to secure; issuance of bonds; purposes; conditions.
15-247 - Election districts; establishment.
15-249 - Officers; removal; vacancies; how filled.
15-250 - Officers; powers, duties; compensation; power to prescribe.
15-251 - Officers and employees; bonds or insurance.
15-252 - Officers; reports required.
15-254 - Ordinances; revision; publication.
15-255 - Public safety; measures to protect.
15-256 - Public safety; disturbing the peace; power to punish.
15-257 - Vagrancy; offenses against public morals; punishment.
15-258 - Billiard halls; disorderly houses; prohibition; exceptions.
15-259 - Jail facilities; establishment.
15-261 - Railroads; railroad crossings; buses; safety regulations; installation of safety devices.
15-262 - Census; city may take.
15-263 - General welfare; ordinances to insure; powers; enforcement; penalties; imposition.
15-264 - City; keeping prisoners; contract.
15-265 - Public grounds and highways; control.
15-266 - Streets; lights; telephone lines; regulation.
15-268 - Weeds; destruction and removal; procedure; special assessment.
15-268.01 - Garbage or refuse; constituting a nuisance; collection and removal; notice.
15-268.02 - Garbage or refuse; nuisance; removal by city; assess cost.
15-269 - Offstreet parking; legislative findings; necessity.
15-271 - Offstreet parking; revenue bonds; authorized.
15-272 - Offstreet parking; revenue bonds; agreements; terms.
15-273 - Offstreet parking; rules and regulations; security for bonds.
15-274 - Offstreet parking; revenue bonds; performance; action to compel.
15-275 - Offstreet parking; revenue from onstreet parking meters; use.
15-276 - Offstreet parking; sections; supplementary to existing law.
15-277 - Commission on the status of women; establish; fund.
15-278 - Commission on the status of women; purposes.
15-301 - Elections; when held.
15-307 - Elective officers; bond or insurance.
15-308 - Appointive officers; bond or insurance.
15-309 - Officers, employees; compensation.
15-309.01 - Officer; extra compensation prohibited; exception.
15-310 - Mayor; head of city government; powers and duties.
15-311 - Mayor; territorial jurisdiction.
15-314 - Mayor and chief of police; citizen aid in law enforcement; powers.
15-315 - Mayor; remission of fines; pardons.
15-316 - City clerk; duties; deputy.
15-317 - Treasurer; bond or insurance; deputy; duties; continuing education; requirements.
15-322 - City attorney; duties; deputy; assistants; appointment.
15-326 - Chief of police; powers and duties.
15-332 - City officers; removal; power of district court; procedure.
15-401 - City council; meetings; quorum; vote required to transact business.
15-402 - Ordinances, passage; publication; proof.
15-403 - Ordinances; form; publication; when operative.
15-404 - Ordinances; enactment; amendment; procedure.
15-406 - Mayor; recommendations to city council.
15-501 - Waterworks; construction; right of eminent domain; procedure.
15-502 - Waterworks; contract for water; option to buy plant.
15-603 - Transferred to section 15-309.01.
15-701.01 - Streets, sidewalks, public ways; establish grade; special assessment.
15-701.02 - Streets, sidewalks, public ways; hard surface; special assessments.
15-702.01 - Controlled-access facilities; designation; limitations on use.
15-702.02 - Controlled-access facilities; frontage roads.
15-702.03 - Streets; egress and ingress; rights to.
15-702.04 - Access ways; materials; standards; establish.
15-708 - Streets; improvements; public property, how assessed.
15-709 - Streets; improvements; utility service connections; duty of landowner; special assessment.
15-713 - Curbing gutter bonds; special assessment.
15-717 - Sewers and drains; construction; cost; assessment against property owners.
15-718 - Sewers and drains; construction; assessment of benefits; collection.
15-720 - Sewer district bonds.
15-724 - Public markets; establishment.
15-725 - Public improvements; special tax assessments.
15-726 - Special tax assessments; certificate; warrants.
15-727 - Special tax assessments; multiple owners; treatment.
15-728 - Public improvements; city engineer; inspection and acceptance.
15-729 - Street railway systems; powers of city.
15-735 - Special sidewalk assessments; collection.
15-752 - Joint city and county facilities; authorization; vote required.
15-753 - Ornamental lighting districts; bids; letting; special assessment.
15-754 - Public improvement districts; cost; special assessment.
15-801 - Biennial budget authorized.
15-807 - Board of equalization; procedure; quorum.
15-807.01 - Board of equalization for cities of primary class; delinquency.
15-808 - Board of equalization; hearings; duties.
15-809 - Board of equalization; special assessments; equalization.
15-810 - Board of equalization; power to compel testimony.
15-811 - Taxes; omitted property; assessment.
15-812 - Tax list; delivered to city treasurer; errors.
15-813 - Taxes; warrant of city clerk; form.
15-814 - Taxes; warrant of city clerk; authority of city treasurer.
15-816 - Delinquent taxes; collection.
15-817 - Ordinances to enforce collection of taxes; power.
15-818 - Taxes; payable in money, warrants, and coupons.
15-819 - Personal property tax; lien upon personal property.
15-821 - Special assessments; lien, when; collection; interest.
15-822 - Special assessments; reassessment; procedure.
15-823 - Taxes; revenue to pay bonds; investment.
15-824 - Taxes; irregularities; effect.
15-835 - Special funds; diversion of surplus.
15-840 - Claims; how submitted and allowed.
15-841 - Claims; allowance; disallowance; appeal.
15-842.01 - Claims; appeal and actions by city; bond not required.
15-844 - Property belonging to city; exempt from taxation; when.
15-845 - Deposit of city funds; conditions.
15-846 - Deposit of funds; bond required; conditions.
15-847 - Deposit of city funds; security in lieu of bond.
15-848 - Deposit of city funds; limitations; city treasurer liability.
15-849 - City funds; additional investments authorized.
15-850 - Municipal bidding procedure; waiver; when.
15-902 - Building regulations; zoning; powers; requirements; comprehensive plan; manufactured homes.
15-904 - Transferred to section 19-3101.
15-905 - Building regulations; zoning; powers granted.
15-1012 - Firemen; existing system; rights retained.
15-1017 - Pension funds; investment; report.
15-1026 - Fire and police pension fund; authorized; tax levy; authorized.
15-1027 - Pension or benefits; existing system; rights retained.
15-1101 - Planning department; commission; planning director; employees.
15-1102 - Comprehensive plan; requirements; contents.
15-1104 - Ordinance or resolution; submit to planning department; report.
15-1105 - Planning director; duties; commission; hearings.
15-1106 - Board of zoning appeals; powers; appeals; variances.
15-1202 - Appeal; procedure; fees; bond; indigent appellant.
15-1204 - Petition on appeal; time for filing; indigency.
15-1205 - District court; hearing; order; appeal.
15-1302 - Community development agency; powers.
15-1303 - Citizen participation.
15-1304 - Power to levy taxes and issue bonds and notes.