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2019 Op. Neb. Att'y Gen. 1 (2019)

handle is hein.sag/sagne2019 and id is 1 raw text is: STATE OF NEBRASKA of tlw Ittorntp 0 neral 2115 STATE CAPITOL BUILDING LINCOLN, NE 68509-8920 (402) 471-2682 TDD (402) 471-2652 FAX (402) 471-3297 or (402)471-4725 SUBJECT: REQUESTED BY: WRITTEN BY: STATE OF NEBRASKA OFFICIAL FEB 0 6 2019 DEPT. OF JUSTICE Constitutionality of Proposed Financing Plan for State Highway Construction Project. Kyle Schneweis, P.E., Director Nebraska Department of Transportation Douglas J. Peterson, Attorney General Martel J. Bundy, Assistant Attorney General BACKGROUND You have requested our opinion concerning the ability of the Nebraska Department of Transportation (NDOT) to use an innovative approach to finance the construction of the Lincoln South Beltway. That project will consist of eight and one-half miles of new four-lane freeway connecting US Highway 77 to Highway 2 thereby creating a bypass south of Lincoln. The project includes five interchanges. NDOT expects to commence construction in early 2020. The anticipated cost is about $300 million, making it the most expensive highway project ever undertaken by NDOT. The project can be built in three years. NDOT's cash flow, however, is not sufficient to pay for the entire cost of the project over that period. NDOT's typical approach would be to break the project into smaller parts and build each part as NDOT's cash flow permits. Under that approach, the bypass would take seven to ten years to complete. The smaller parts would be completed at various times but-would serve little or no purpose until the entire bypass was completed. The public would have a usable bypass sometime between 2028 and 2030. Off ire DOUGLAS J. PETERSON ATTORNEY GENERAL

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