The Property Management Section will perform all the functions required to assure control and administration of acquired lands and improvements, to dispose of portions of highway right of way no longer needed for highway purposes, to manage the access rights owned by the Department, to issue permits for all allowable encroachments on the right of way, and to manage the airspace on all highway systems for non-highway purposes. Property management activities shall be handled in a manner consistent with the public interest and designed to reflect the maximum long-range public benefit. The following nonexclusive list details some of the more major activities.
The Nebraska State Constitution, Article III, Section 21 states "Lands under the control of the state shall never be donated to railroad companies, private corporations or individuals."
If time allows, can I continue to occupy my home or business after it has been sold to the Department?
After a right of way acquisition contract is finalized, a rental agreement may be made with the occupant whether owner or tenant. If the property is owner occupied, the owner may continue to occupy the property rent free until the expiration of the ninety (90) day notice to vacate or until thirty (30) days after payment is made for the property, whichever is the later date.
If the property is tenant occupied, the tenant will continue to pay rent to the owner until the State becomes legal owner. After that time and commencing with the next rental payment date, the tenant will make rent payments to the Department of Roads and the lease will be continued on the same term, including those concerning utilities, as with the previous owner.
How does the Department dispose of improvements that were acquired on a project?
The methods used for disposal of improvements in addition to owner retention mentioned above are:
What does it mean to "relinquish" an old highway after the construction of the relocated roadway is completed?
To surrender all or part of the rights and responsibilities relating to all or a part of a fragment, section, or route on the State highway system to a political or governmental subdivision or public corporation of Nebraska.
What does it mean to "abandon" an old highway after the construction of the relocated roadway is completed?
Cessation of use of right of way or activity thereon with no intention to reclaim or use again for highway purposes. In Nebraska statutes 39-1302, "abandon" shall mean to reject all or part of the Department's rights and responsibilities relating to all or part of a fragment, section, or route on the State highway system.
What are access control rights?
Access control rights are property rights owned by the Department to regulate access, through the limitation of public access to and from properties abutting the highway facility. It is the condition where the right of property owners’ use and enjoyment of access is owned and controlled by the Department. Access Control Policy
Can these access control rights ever be changed?
The Department realizes there may be locations where granting an access within an area where access rights were previously acquired may be consistent with our current policies.
In these cases, a request for the establishment of a new access shall be submitted by the property owner to the district engineer. The property owner may request to purchase any type of access (from full unrestricted access rights to some lesser restricted access right) from the Department.
If the request is approved, the value of the access rights being sold by the Department will be determined by an appraisal.
What does it mean to issue permits for allowable encroachments on the right of way?
It is the policy of the Department to keep highway right of way clear of private uses and encroachments, except where the Department, by permit or written agreement, allows such encroachment.
The Department's policy recognizes that there are non-highway uses of the right of way that are allowed by State statute. Encroachment Policy