Neb. Rev. Stat. » Chapter 16
Nebraska Revised Statutes

Neb. Rev. Stat. § 16-611 (2026)

Vacation of street or alley; abutting property; how treated

✓ current as of July 2026
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(1) Upon the vacation of any street or alley by a city of the first class, the title to such property shall vest in the owners of the abutting property and become a part of such property, one-half on each side thereof, unless the city reserves title in the ordinance vacating such street or alley. If 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.

(2) When a portion of a street or alley is vacated only on one side of the center thereof, the title to such property shall vest in the owner of the abutting property and become part of such property unless the city reserves title in the ordinance vacating a portion of such street or alley. If 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.

(3) When the city vacates all or any portion of a street or alley, 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.

(4) The title to property vacated pursuant to this section shall be subject to the following:

(a) There is reserved to the city the right to maintain, operate, repair, and renew public utilities existing at the time title to the property is vacated there; and

(b) There is reserved to the city, any public utilities, and any cable television systems the right to maintain, repair, renew, and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times.

Notes of Decisions
Cited in 5 cases, 1960–1993 · leading case: Dell v. City of Lincoln, 102 N.W.2d 62 (Neb. 1960).
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Dell v. City of Lincoln, 102 N.W.2d 62 (Neb. 1960). · cites it 2× “Section 16-611, R. R. S. 1943, relied upon by defend *189 ant, applies only to cities of the first class, and in any event it has no relation to streets which have been platted and dedicatéd, as in the case at bar.”
Seefus v. Briley, 174 N.W.2d 339 (Neb. 1970). · cites it 3× “” § 16-611, R. R. ,S. 1943. It will be noted that the first part of the statute deals exclusively with streets and avenues while the second part deals only with the vacation of alleys.”
Bellevue Coll. v. Greater Omaha Realty Co., 348 N.W.2d 837 (Neb. 1984). · cites it 2× “The location of Betz Road is known and is definite and ascertainable. Likewise, the amount of ground to be conveyed to Bellevue College is ascertainable.”
Valasek v. Bernardy, 495 N.W.2d 275 (Neb. 1993). · cites it 2× “’ ” In Seefus , the vacation of the alley was accomplished under Neb. Rev. Stat. § 16-611 (Reissue 1962), which provided in part: When an alley is vacated the same shall revert to the owner of the adjacent real estate one half on each side thereof except that when any alley is…”
Trahan v. Council Bluffs Steel Erection Co., 159 N.W.2d 207 (Neb. 1968). ““Upon the vacation of any street, avenue or part of either, the same so vacated shall be and remain the property of the city, but may be sold and conveyed by the city * * § 16-611, R. R. S. 1943; Laws 1903, с. 19, § 7, p.”
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