39-1332 State highways; construction and maintenance of access road; written permit required, when. - Nebraska Statutes

39-1332. State highways; construction and maintenance of access road; written permit required, when.No person shall construct, use, or permit to be used on property owned or occupied by such person any private entrance or exit, approach road, facility, thing, or appurtenance upon or connected to a highway right-of-way without first obtaining a written permit from the department; Provided, the owner or occupier of property shall not be required to obtain a permit to use or permit to be used in its existing condition any such private entrance or exit, approach road, facility, thing, or appurtenance existing on September 18, 1955, unless the department determines that the safety and general welfare of the public will be better served by such owner or occupier being required to apply for a permit and the department gives written notice to such owner or occupier that application for a permit must be filed with the department within thirty days from receipt of such notice. SourceLaws 1955, c. 148, § 32, p. 431. AnnotationsOwner of land had statutory right to continue to use ornamental light posts. State v. Merritt Brothers Sand & Gravel Co., 180 Neb. 660, 144 N.W.2d 180 (1966).This section permits the Department of Roads to control the type of access to be granted to state highways. Chaloupka v. State, 176 Neb. 746, 127 N.W.2d 291 (1964).