Clarification of annexed county road easements advances

A bill that attempts to clarify the status of county roads when annexed by a city or village was advanced to select file April 19.

LB377, introduced by Wahoo Sen. Jerry Johnson, would amend existing Nebraska law to clarify that the authority held by a county board over a county road, including any easements, are transferred to the governing body of an annexing city or village.

Under current law, Johnson said, Nebraska cities own the land under streets within the city limits, but landowners maintain ownership of land under county roads. County governments obtain easements for the land’s use, he said.

“Current law is not clear about what happens when a city annexes a county road without a dedication,” Johnson said. “LB377 makes it clear that the interest of the county over the county road is transferred to the city when the city annexes the property.”

The bill advanced 39-0.