Nothing herein contained authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge in its immediate neighborhood.
§ 25-2131.Trespass; taking timber for repair of public highways or bridges; liability.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section limits how much a person can recover under the timber-trespass rule when someone takes wood from nearby uncultivated woodland to repair a public highway or bridge, capping recovery at the timber’s just value rather than the fuller trespass damages otherwise available.
Full Text of § 25-2131
Source
R.S.1867, Code § 637, p. 506; R.S.1913, § 8248; C.S.1922, § 9201; C.S.1929, § 20-2133; R.S.1943, § 25-2131.
Plain-English Summary
Section 25-2131 carves out a narrow exception to the willful-trespass liability described in section 25-2130. When timber is taken from uncultivated woodland to repair a public highway or bridge in that woodland’s immediate neighborhood, the recovery available to the property owner is capped at the just value of the timber taken, rather than the broader damages that would otherwise apply.
The exception has real limits built into it. It applies only to timber taken from uncultivated woodland, and only when the taking serves the repair of a public highway or bridge nearby — it does not open the door to taking timber from cultivated land, or for purposes unrelated to road or bridge repair, without the fuller liability described in section 25-2130.
Frequently Asked Questions
Does this section let anyone take timber for road repairs without paying anything?
No. It caps what can be recovered at the timber’s just value; it does not eliminate liability altogether.
What is the recovery limit under this section?
The just value of the timber taken, rather than the fuller measure of damages available under the general trespass rule.
Does this apply to timber from any type of land?
No, only timber taken from uncultivated woodland.
How close must the highway or bridge be to the woodland?
The repair must be to a public highway or bridge in the woodland’s immediate neighborhood.
How does this section relate to the general timber-trespass damages rule?
It narrows section 25-2130’s liability for this one specific circumstance, capping recovery instead of removing it.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: timber for highway repair nebraskauncultivated woodland timber takinglimit on trespass damages public repairjust value timber recoverybridge repair timber exception