2014 Nebraska Revised Statutes
Chapter 37 - GAME AND PARKS
37-707 - Game refuges; boundaries; marking; Department of Natural Resources; duties; access to property; when.

37-707. Game refuges; boundaries; marking; Department of Natural Resources; duties; access to property; when.

(1) The commission is directed to place suitable signs showing the boundaries of the refuges, as designated in section 37-706, using the map adopted by the Department of Natural Resources pursuant to this section, on all roads leading into such refuges.

(2)(a) The Department of Natural Resources shall adopt and promulgate rules and regulations determining the boundaries of the state game refuges. The department's determination shall be based on the definitions in sections 37-701 to 37-708 and shall include maps showing such boundaries.

(b) The department shall make the initial boundary determinations for the state game refuge in Garden County by March 1, 2005. The department shall make the initial boundary determinations for the remaining state game refuges by January 1, 2006.

(c) Until the initial determinations are made pursuant to subdivision (a) of this subsection, the boundaries that have been determined and maintained by the commission shall remain in effect.

(d) The department shall update any boundary determination required by subdivision (a) of this subsection whenever it determines that there has been a substantial change in the location of the banks of said stream used for locating such boundary.

(e) To the extent necessary to fulfill their obligations under sections 37-701 to 37-708 and pursuant to notice as provided in subdivision (f) of this subsection, the department and the commission shall have access at all reasonable times to all properties to which access is needed to fulfill such obligations. Entry upon such properties for the purposes set forth in such sections shall not be considered trespass.

(f) Notice of intent to enter upon property for the purposes of subdivision (2)(e) of this section shall be satisfied by publishing such notice at least once each week for three consecutive weeks in a legal newspaper published or of general circulation in the county or counties in which such property and such game refuge are located.

Source

Laws 1939, c. 43, § 2, p. 202;
C.S.Supp.,1941, § 37-429;
R.S.1943, § 37-419;
Laws 1947, c. 135, § 3, p. 380;
R.S.1943, (1993), § 37-419;
Laws 1998, LB 922, § 321;
Laws 2004, LB 826, § 4.

Annotations

Game Refuge Act was sustained as constitutional against contention that it was special law for protection of game and fish. Bauer v. State Game, Forestation and Parks Com., 138 Neb. 436, 293 N.W. 282 (1940).