Keith County establishes $20,000 nuisance-removal grant after roadside-tree dispute

The Keith County Board of Commissioners on Feb. 10 approved a $20,000 nuisance-removal grant program after reading into the record a written declaration that trees adjacent to a county road may constitute a public nuisance.

The vote followed public comment from a nearby property owner, identified in the meeting as Dave, who said he did not believe the trees were his responsibility and that he had a contractor bid of $4,200 to remove the trees. “I don’t feel like I’m responsible for it,” Dave said during public comment, later adding, “If this thing falls over in my building, am I just out?”

Why it matters: The board’s action authorizes a county-administered grant fund that can reimburse property owners for eligible removal costs after a formal nuisance determination. County staff and the board emphasized that the statutory abatement process under Nebraska law — including the 10-day notice and a hearing before the board if the owner does not comply — remains the route for determining responsibility before reimbursement under the grant.

County officials read a letter from Thomas Wilbur declaring the trees a public nuisance under Nebraska Revised Statute 39-1813 and described the standard process: the county will serve written notice, the property owner will have 10 days to clear the hazard, and if not cleared the matter will be set for a hearing before the county board to decide whether the condition meets the statutory nuisance definition.

During the meeting, a county official outlined the grant’s practical mechanics: after a nuisance determination and the landowner’s remedial actions, the landowner may apply for reimbursement under the grant guidelines; if the county itself clears the nuisance and assesses the owner, that work is not eligible for grant reimbursement because the program is intended to reimburse owner-initiated remediation.

Motion and next steps: The board passed the motion to establish and fund the nuisance-removal program at $20,000 (motion by Irvin; second by Wortman). Commissioners instructed staff to prepare application forms and to schedule the statutory notice and hearing timeline for the specific complaint discussed at the meeting; staff agreed to email the resident and arrange the hearing date consistent with statutory notice requirements.

The board also advised the resident to pick up an application and bring it to the hearing in case the nuisance determination is affirmed, noting that some parts of the process (for example, certain notices) can be advanced with the owner’s written waiver to expedite relief where the owner agrees.

The county attorney and roads staff explained that if a property is declared a nuisance and the owner does not remedy the condition, the county may clear the nuisance and assess the property owner; if the owner remedies it themselves, the grant program may reimburse according to the program’s guidelines.

A hearing date and the administrative steps to apply for the new grant will be set by county staff in coordination with the resident and in accordance with statutory notice requirements.