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Bill would clarify that section lines are not required public roads and simplify road‑vacation process
Summary
LB 373 would amend state statute to clarify that federal‑survey section lines are "declared" but not required to be public roads, and would update procedures allowing counties to vacate unused section‑line roads with a simplified process; the bill drew neutral and technical feedback from county and surveying officials.
Senator Ben Hansen (16th District) told the committee LB 373 aims to clarify an apparent inconsistency in state statute by making clear that section lines are declared but not required to be public roads and by updating the process for vacating public roads that are unused.
"LB 373 clears up this confusion. It would make state statute read the section lines are hereby declared, but not required to be public roads," Hansen said, adding the bill updates the process for removing public roads and preserves protections for government survey monuments.
Senator Hansen said county officials have told him they feel current statute has been interpreted to require maintenance of roads along every square mile even when those roads are unused, creating budgetary pressure in small counties that spend a large share of budgets on roads. The bill would allow counties to vacate unused section‑line roads through a resolution, public hearing and a two‑thirds vote of the county board; notice would be mailed to adjacent landowners and published in the local newspaper, and townships or cities would have to consent where applicable.
Beth Ferrell of the Nebraska Association of County Officials testified in a neutral capacity. She said county boards consider current uses, future uses, emergency access and whether vacating a road would create isolated parcels; because the bill leaves the decision optional and local, NACO's position is neutral. "Ultimately, that decision is local. It's based on local factors," she said.
Casey Sherlock, Nebraska State Surveyor, also testified in a neutral role and recommended technical changes to ensure survey procedures and corner perpetuation requirements remain clear. Sherlock suggested deleting the phrase "without preliminary survey" and rely on public‑road construction regulations; he also recommended referring to the statutes that govern restoration of lost or obliterated section corners rather than to the BLM manual by name.
Committee members asked whether removing roads could affect state funding formulas. Ferrell said there is a formula that involves road miles in funding allocations and offered to share Department of Transportation materials with the committee. Senator Hunt and others asked practical questions about what happens to vacated roads; witnesses said land ownership and local agreements typically determine subsequent maintenance and ownership, and that some roads are designated "minimum maintenance" roads rather than fully closed.
Senator Hansen said the language was substantially the same as a prior year's bill (LB 1174) with clarifications suggested by state surveyors to protect section corners and monuments. He asked the committee for support; no committee vote was recorded during the hearing. The hearing record listed one neutral organization (Nebraska Association of County Officials) and the State Surveyor's office participation in the neutral capacity.
