Nebraska statutes include provisions governing access to isolated personal property.
If you own isolated land in Nebraska, the issue of "right-of-way" (as it relates to real estate) can come into play. Specifically, this arises when you cannot access your property because it's surrounded on all sides by someone else's. If you're in this situation, the law allows for you to petition the state to build an access road.
Provisions
Section 39-1713 of the Nebraska Revised Statutes defines land that is "shut out from all public access, other than a waterway, by being surrounded on all sides by real estate belonging to other persons or by such real estate and by water" as "isolated" land.
The law dictates that if you own a piece of isolated land in question and are "unable to purchase from [surrounding landowners] the right-of-way over or through [their land] to a public road or that it cannot be purchased except at an exorbitant price," you may petition the court to build an access road, a request to which it will respond within 30 days.
Location of Road
In the event that the court decides to build a public access road on your behalf, it will naturally want to minimize any impact on surrounding, privately-owned land. Specifically, section 39-1717 states that "whenever possible, an access road provided shall be along section lines"--in other words, the boundaries between your property and the property surrounding yours.
The law goes on to explain that "when the most practicable route for the access road is adjacent to a watercourse, the land to be taken for the access road shall be measured from the edge of the watercourse."
Appeal Process
Of course, there is always the possibility that your neighbor or neighbors affected by an approved access road might not be pleased with the state's decision. If this is the case, it's possible for them to appeal under the law. Per section 39-1719, he must file the appeal, both with the court and with you, no less than 60 days after you've been awarded your access road.
Further, he must place a sum of money in custody of the court, to cover "such costs and damages as may accrue against him or her by reason of such appeal" in the event that he is not successful.
Tags: access road, isolated land, real estate, build access, build access road
