The Nebraska Supreme Court recently ruled on a pair of right-of-way cases out of Cedar County upholding a jurisdiction's right to enforce access to the full right-of-way. Both cases thoroughly defined the roadway to include the ditch and the right-of-way as defined by statute.
Penalty for obstructing any part of the roadway falls under Nebraska Revised Statute § 39-301. A misdemeanor charge for injuring or obstructing the roadway was upheld in the criminal case, 305 Neb. 334.
The civil case, 305 Neb. 351, upheld a permanent injunction for any encroachment for 33 feet from the roadway centerline against a farmer who repeatedly erected fencing connecting his pastures. Billing the offering landowner the cost incurred by the county in removing the fence was also upheld.
These may be useful cases to review and share with your county attorney and board in battling right-of-way encroachment.
More details at: https://supremecourt.nebraska.gov/courts/supreme-court/opinions