Neb. Rev. Stat. » Chapter 39
Nebraska Revised Statutes

Neb. Rev. Stat. § 39-101 (2026)

Terms, defined

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

For purposes of Chapter 39, unless the context otherwise requires:

(1) Alley means a highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic;

(2) Divided highway means a highway with separated roadways for traffic in opposite directions;

(3) Highway means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel;

(4) Intersection means the area embraced within the prolongation or connection of the lateral curb lines or, if there are no lateral curb lines, the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. When a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a highway shall not constitute an intersection;

(5) Mail means to deposit in the United States mail properly addressed and with postage prepaid;

(6) Maintenance means the act, operation, or continuous process of repair, reconstruction, or preservation of the whole or any part of any highway, including surface, shoulders, roadsides, traffic control devices, structures, waterways, and drainage facilities, for the purpose of keeping it at or near or improving upon its original standard of usefulness and safety;

(7) Motor vehicle means every self-propelled land vehicle, not operated upon rails, except mopeds as defined in section 60-637, self-propelled chairs used by persons who are disabled, electric personal assistive mobility devices as defined in section 60-618.02, and bicycles as defined in section 60-611;

(8) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

(9) Pedestrian means any person afoot;

(10) Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other;

(11) Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term roadway refers to any such roadway separately but not to all such roadways collectively;

(12) Shoulder means that part of the highway contiguous to the roadway and designed for the accommodation of stopped vehicles, for emergency use, and for lateral support of the base and surface courses of the roadway;

(13) Sidewalk means that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians;

(14) Traffic means pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel; and

(15) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved solely by human power, devices used exclusively upon stationary rails or tracks, electric personal assistive mobility devices as defined in section 60-618.02, and bicycles as defined in section 60-611.

Notes of Decisions
Cited in 9 cases, 1933–2020 · leading case: State v. Thelen, 940 N.W.2d 259 (Neb. 2020).
Sort: Relevance Newest Treatment
State v. Thelen, 940 N.W.2d 259 (Neb. 2020). · cites it 4× “13 We have accordingly found it appropriate to consider in pari materia different articles in the same chapter, when they concern related matters.”
Kimminau v. City of Hastings, 864 N.W.2d 399 (Neb. 2015). · cites it 3× “”15 Our cases recognize that a political subdivision’s responsibility to maintain a highway in a reasonably safe con- dition for travel is not limited to the traveled portions of the highway, but may extend to dangerous conditions existing on a shoulder or other adjacent…”
Springer v. Bohling, 607 N.W.2d 836 (Neb. 2000). · cites it 2× “Nebraska statutes Neb. Rev. Stat. §§ 39-101 (10) and 60-655 (Reissue 1998) state that “[r]ight-of-way shall mean the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction,…”
State ex rel. Game, Forestation & Parks Comm'n v. Hull, 97 N.W.2d 535 (Neb. 1959). “It was repealed in 1957. *828 Laws 1957, c. 155, art.”
Barrett v. Hand, 63 N.W.2d 185 (Neb. 1954). “” § 39-101, R. R. S. 1943. Prior to August 16, 1921, there was an established north and south road across the west part of Sections 27 and 34 known as road No.”
Henneberg v. Cnty. of Burt, 69 N.W.2d 920 (Neb. 1955). “There is a failure of proof that the township had any knowledge of or participation in the changes that were made in this regard.”
Wright v. Loup River Pub. Power Dist., 277 N.W. 53 (Neb. 1938). · cites it 2× “” Section 39-101, Comp. St. 1929, puts all public roads under the supervision of the county board and requires the board “to see that the laws in relation to them are carried into effect.”
Franek v. Butler Cnty., 254 N.W. 489 (Neb. 1934). · cites it 2× “Section 39-101, Comp. St. 1929, provides: “The county-board has a general supervision over the public roads of the county, with, power to establish and maintain them as herein provided, and to see that the laws in relation to them are carried into effect.”
Mlady v. Knox Cnty., 249 N.W. 585 (Neb. 1933). · cites it 2× “Section 39-101, Comp. St. 1929, gives the power to the county board to establish roads as provided in article 1.”
Neb. Rev. Stat. § 39-101(12): 1 case
State v. Thelen, 940 N.W.2d 259 (Neb. 2020). “13 We have accordingly found it appropriate to consider in pari materia different articles in the same chapter, when they concern related matters.”
Neb. Rev. Stat. § 39-101(3): 1 case
State v. Thelen, 940 N.W.2d 259 (Neb. 2020). “13 We have accordingly found it appropriate to consider in pari materia different articles in the same chapter, when they concern related matters.”
Neb. Rev. Stat. § 39-101(6): 1 case
Kimminau v. City of Hastings, 864 N.W.2d 399 (Neb. 2015). “”15 Our cases recognize that a political subdivision’s responsibility to maintain a highway in a reasonably safe con- dition for travel is not limited to the traveled portions of the highway, but may extend to dangerous conditions existing on a shoulder or other adjacent…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.