Nebraska Revised Statutes
Neb. Rev. Stat. § 39-1404 (2026)
Public grounds, interests in; cannot arise by operation of law
✓ current as of July 2026
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No privilege, franchise, right, title, right of user, or other interest in or to any street, avenue, road, thoroughfare, alley or public grounds in any county, city, municipality, town, or village of this state, or in the space or region under, through or above any such street, avenue, road, thoroughfare, alley, or public grounds, shall ever arise or be created, secured, acquired, extended, enlarged or amplified by user, occupation, acquiescence, implication, or estoppel.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1936–2022 · leading case: Royal v. McKee, 298 Neb. 560 (Neb. 2017).
Royal v. McKee, 298 Neb. 560 (Neb. 2017). “§ 39-1404 (R eissue 2016) Before we turn to Royal’s assignments of error, we address OPPD’s contention that Royal cannot adversely possess the railroad right-of-way, because § 39-1404 prohibits such owner- ship.”
Lambert v. Holmberg, 712 N.W.2d 268 (Neb. 2006). “See Neb. Rev. Stat. § 39-1404 (Reissue 2004) (no private party may acquire interest in any part of city street).”
Cnty. of Scotts Bluff v. Hughes, 276 N.W.2d 206 (Neb. 1979). “For answer to the defendants’ cross-petition, the plaintiff alleged: As to the first cause, that the defendants were precluded from asserting adverse possession against the plaintiff by reason of the fact that each derived part or all of his title through a common predecessor in…”
Cox v. State, 279 N.W. 482 (Neb. 1938). “” In the instant case, the legislature created a liability in favor of this plaintiff for the tort of the state’s agents and servants, resulting in an injury to her while she was traveling a highway under the control of the state.”
Young v. Dodge Cnty. Bd. of Supervisors, 493 N.W.2d 160 (Neb. 1992). “747 (1932) (title by adverse possession cannot be acquired against the State); Neb. Rev. Stat. § 39-1404 (Reissue 1988) (title by prescription cannot be acquired in a political subdivision’s real estate).”
Sjuts v. Granville Cemetary Ass'n, 719 N.W.2d 236 (Neb. 2006). “The district court noted that pursuant to Neb. Rev. Stat. § 39-1404 (Reissue 2004), adverse possession actions, such as an action for a prescriptive easement, cannot be maintained against governmental properties.”
State, Dep't of Roads v. Merritt Bros. Sand & Gravel Co., 144 N.W.2d 180 (Neb. 1966). “Plaintiff could have obtained an adjudication in the prior action, but did not seek it. We are not now willing to determine that any or all of the activities or cases of which plaintiff now complains, to the extent and in the manner shown, constitute encroachments or wrongful…”
Porter v. Lancaster Cnty., 266 N.W. 584 (Neb. 1936). “Section 1 of that act, now appearing as section 39-1404, Comp. St. 1929, provides: “On and after January 1, 1926, it shall be the duty of the department of public works to maintain the whole of the state highway system, including bridges thereon; * * * In carrying out such work…”
Bowley v. Vill. of Bennington, 488 N.W.2d 354 (Neb. 1992). “See Neb. Rev. Stat. § 39-1404 (Reissue 1988).”
Young v. Dodge Cnty. Bd. of Sup'rs, 493 N.W.2d 160 (Neb. 1992). “747 (1932) (title by adverse possession cannot be acquired against the State); Neb.Rev.Stat. § 39-1404 (Reissue 1988) (title by prescription *163 cannot be acquired in a political subdivision's real estate).”
Mai v. Lecher (Neb. Ct. App. 2022). “See Neb. Rev. Stat. § 39-1404 (Reissue 2016).”
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