39-1410. Section lines declared roads; opening; damages, appraisal and allowance; government corners, how perpetuated.
The section lines are hereby declared to be public roads in each county in the state, and the county board may whenever the public good requires it open such roads without any preliminary survey and cause them to be worked in the same manner as other public roads; Provided, any damages claimed by reason of any such road shall be appraised and allowed in the manner provided by law. The county board shall cause existing government corners along such line to be perpetuated by causing to be planted monuments of some durable material, with suitable witnesses, and causing a record to be made of the same and, if government corners are lost or obliterated, the county board shall cause the corners to be located in the manner provided in the manual of instruction for government surveys. The county board shall cause such work to be performed by the county surveyor or, if there is no county surveyor in the county, by some other competent land surveyor.
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A county cannot open a section line road without giving notice to the landowners, hearing the landowners' claim for damages, or appointing appraisers and making provisions for the payment of the landowners' damages; if it attempts to do so it is trespassing. Olson v. Bonham, 212 Neb. 548, 324 N.W.2d 260 (1982).
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