37-1001. Act, how cited; termination. Sections 37-1001 to 37-1008 shall be known and may be cited as the Trail Development Assistance Act. The Trail Development Assistance Act shall terminate January 1, 2010, and any money in the Trail Development Assistance Fund at such time shall be transferred to the General Fund. Source Laws 1991, LB […]
37-1002. Legislative findings. The Legislature finds that the abandonment of railroad rights-of-way in this state provides a unique opportunity to develop a statewide system of recreational trails by which citizens of Nebraska may enjoy the greenways or linear parks that will result and that such trails may act to preserve wildlife habitat and create conservation […]
37-1003. Trail Development Assistance Fund; created; use; investment. The Trail Development Assistance Fund is hereby created. The fund shall consist of any direct appropriation by the Legislature and any funds received as gifts, bequests, or other contributions to such fund from public or private entities. The fund shall be administered by the Game and Parks […]
37-1004. Funding; application; grants; section, how construed. (1) Any natural resources district, political subdivision, other public agency, or private nonprofit organization whose primary purpose is the purchase, development, or maintenance of a recreational trail within the state or any combination thereof may apply to the Game and Parks Commission for funding to assist in the […]
37-1005. Administrative costs; limitation; rules and regulations. Administrative costs for the administration of the Trail Development Assistance Fund shall not exceed five percent of the appropriation authorized by the Legislature. The Game and Parks Commission may adopt and promulgate rules and regulations to carry out the Trail Development Assistance Act. Source Laws 1991, LB 714, […]
37-1006. Eminent domain power. The Trail Development Assistance Act shall not be construed to limit the power of eminent domain of the state or its agencies. Source Laws 1991, LB 714, § 6; R.S.1943, (1993), § 37-1506; Laws 1998, LB 922, § 381. Termination Date: January 1, 2010
37-1007. Boundary fences. Whenever abandoned railroad right-of-way trails are developed pursuant to the Trail Development Assistance Act, boundary fences shall be constructed and maintained as required for railroads in sections 74-601 to 74-604 unless such construction and maintenance is waived in writing by affected adjoining property owners. Such fences shall be deemed to be manifestly […]
37-1008. Warning signs. Owners or operators of a trail developed pursuant to the Trail Development Assistance Act shall, at appropriate entry points, place signs warning that departures from the boundaries of the trail as marked by fences or otherwise may result in prosecution for trespass. Source Laws 1991, LB 714, § 8; R.S.1943, (1993), § […]
37-1009. State agency or political subdivision; establish fees. A state agency or political subdivision which owns or operates a recreational trail may establish and collect a user fee or a voluntary fee for the use of the trail as determined by the state agency or political subdivision. The fees shall be accounted for separately and […]
37-101. Game and Parks Commission; members; qualifications; term; appointment; removal; limitation on reappointment. (1)(a) The Game and Parks Commission shall consist of nine members, one from each of the eight districts provided for by section 37-102 and one at-large member, and shall be appointed by the Governor with the consent of a majority of all […]
37-1010. Recreational trails; public policy. It is the public policy of the State of Nebraska that (1) abandoned railroad rights-of-way should be kept intact for future possible use as recreation, conservation, communications, and transportation corridors and (2) the laws of the State of Nebraska should be construed to effectuate this policy. Source Laws 1993, LB […]
37-1011. Lease of undeveloped land; when. If any portions of the right-of-way accepted under section 37-912 or 37-914 are not immediately developed as a state recreational trail or for habitat, the Game and Parks Commission shall use its best efforts to lease undeveloped portions of the right-of-way, with first priority to adjacent landowners, for the […]
37-1012. Responsibility for fences. (1) The Game and Parks Commission shall have the same responsibility with regard to division fences as a private landowner as provided in sections 34-102 to 34-117, except that in those areas where a state recreational trail is developed, the commission shall have the same responsibility as a railroad as provided […]
37-1013. Sanitary facilities required; camping or open fires prohibited. If the right-of-way or any portion thereof is used as a state recreational trail pursuant to sections 37-912 and 37-1011, appropriate sanitary facilities shall be provided along the trail for the use of persons using the trail. Camping or open fires shall be prohibited on such […]
37-1014. Rules and regulations. If the right-of-way or portion thereof is used as a state recreational trail or for other purposes as provided in sections 37-912 and 37-1011, the Game and Parks Commission shall adopt and promulgate rules and regulations to carry out the purposes of sections 37-912 and 37-1010 to 37-1013. Source Laws 1993, […]
37-1015. State Recreational Trails Coordinator; duties. (1) The position of State Recreational Trails Coordinator may be established and appointed by the Game and Parks Commission. Necessary office space, furniture, equipment, and supplies as well as necessary professional, technical, and clerical assistance shall be provided by the commission. (2) The duties of the State Recreational Trails […]
37-1016. Cowboy Trail; Game and Parks Commission; lease or transfer of portions authorized. The Game and Parks Commission may lease or otherwise transfer portions of the Cowboy Trail to a political subdivision. The commission may lease portions of the Cowboy Trail to a nonprofit organization. The lessee or transferee shall maintain the property at its […]
37-1017. Trail Development and Maintenance Fund; created; use; investment. The Trail Development and Maintenance Fund is hereby created. The fund shall consist of transfers at the direction of the Legislature and any gifts, bequests, or other contributions to such fund from public or private entities. The Game and Parks Commission shall administer the fund to […]
37-102. Game and Parks Commission; districts. For purposes of section 37-101, the state is hereby divided into eight districts. The limits and designations of the eight districts shall be as follows: (1) District No. 1. The counties of Richardson, Pawnee, Nemaha, Johnson, Otoe, Cass, Sarpy, Saunders, Butler, Gage, Seward, Saline, and Jefferson; (2) District No. […]
37-103. Game and Parks Commission; chairperson; election. The members of the Game and Parks Commission shall meet in January of each year and shall elect a chairperson of the commission from the membership. Source Laws 1929, c. 113, § 2, p. 443; C.S.1929, § 81-6502; Laws 1935, c. 174, § 2, p. 640; C.S.Supp.,1941, § […]
