The city council of a city of the primary class shall have the power by ordinance to create, open, widen, or otherwise improve, vacate, control, name, and rename any street, alley, or public way or ways, including the sidewalk space within the corporate limits of the city, except that all damages sustained by the owners of the property thereon by opening or widening shall be ascertained as provided in sections 76-704 to 76-724. Whenever any street, alley, or public way shall be vacated, such street, alley, or public way shall revert to the owners of the adjacent real estate, one-half on each side thereof, unless the city reserves title to such street, alley, or public way in the ordinance vacating such street, alley, or public way. In the event title is retained by the city, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the city, as authorized in its home rule charter. When the city vacates all or any portion of a street, alley, or public way or ways, the city shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating ordinance with the register of deeds for the county in which the vacated property is located to be indexed against all affected lots.
Notes of Decisions
Dell v. City of Lincoln, 102 N.W.2d 62 (Neb. 1960).
· cites it 12× “” Also, section 15-701, R. R. S. 1943, as it existed during all times here involved, gave cities of the primary class like authority to vacate streets, and contained a provision identical with that just heretofore quoted.”
Cather & Sons Constr., Inc. v. City of Lincoln, 264 N.W.2d 413 (Neb. 1978).
· cites it 12× “Section 15-701, R.R.S. 1943, provides that a city council of a city of the primary class shall have power by ordinance to vacate any street or alley, and that in the event title to the vacated property is retained by the city, "such property may be sold, conveyed, exchanged or…”
Dell v. City of Lincoln, 95 N.W.2d 336 (Neb. 1959).
· cites it 4× “They rely on section 15-701, R. R. S. 1943, and other statutory provisions as well as decisions and texts to sustain their position.”
Nebco, Inc. v. Bd. of Equalization, 547 N.W.2d 499 (Neb. 1996).
· cites it 2× “02 (Reissue 1991) (authorizing cities of primary class, such as Lincoln, to pave and improve streets and to assess cost of such improvements, proportionate to benefits conferred, on property benefited).”
Bennett v. Bd. of Equalization, 507 N.W.2d 514 (Neb. Ct. App. 1993).
· cites it 2× “Neb. Rev. Stat. §§ 15-701 through 15-759 (Reissue 1991) authorize cities of the primary class, such as Lincoln, to wholly or partially assess, proportionate to benefits, property specially benefited by public improvements.”
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