Bill would clarify annexed county road easements

The Urban Affairs Committee heard testimony Feb. 5 on a bill that would attempt to clarify the status of county roads when annexed by a city or village.

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.

“[Current law] does not clearly state what the city’s interest is,” Johnson said.

Beatrice city administrator Tobias Tempelmeyer testified in support of the bill, explaining that landowners in Nebraska maintain ownership of land under county roads, to the center of the road. The county in which the road is located has easements from the landowners, he said.

If a city annexes land, Tempelmeyer said, the bill simply would clarify that any easement held by the county would be transferred to the city.

Gary Krumland of the League of Nebraska Municipalities also testified in support of the bill. Cities and villages become responsible for maintenance of county roads when they annex land, he said, and the bill would clarify their authority over annexed county roads.

No opposition testimony was offered and the committee took no immediate action on the bill.