reglab/housing_qa huggingface dataset:
NE Code § 74-602 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-602 - Failure to fence or repair; liability.

74-602.  Failure to fence or repair; liability.So long as such fences and cattle guards are not made after the time prescribed in section 74-601 has elapsed and when such fences and guards, or any part thereof, are not in sufficiently good repair to accomplish the objects for which they are intended, such railroad and its agents shall be liable for any damage which is done by the agents, engines, or trains of any such railroad, or by the locomotives or trains of any other railroad permitted to run over or upon such tracks, to any cattle, horses, sheep, or hogs thereon. When such fences and guards have been fully and duly made and are kept in sufficient repair, such railroad shall not be liable for any damages, unless the damage arises from negligent or willful acts of the railroad or its agents.Source   Laws 1867, § 1, p. 88;   Laws 1883, c. 62, § 1, p. 262;   R.S.1913, § 6035;   C.S.1922, § 5396;   C.S.1929, § 74-601;   R.S.1943, § 74-602;   Laws 1994, LB 414, § 14.  Annotations  This statute does not deprive the railroad company of its property without due process of law or deny to it the equal protection of the law, and under its terms a company may be liable for injuries to animals upon its right-of-way although there be no collision between its trains and the animals injured. Middaugh v. Chicago & N. W. Ry. Co., 114 Neb. 438, 208 N.W. 139 (1926). If a railway company fails to maintain a fence along its right-of-way as required by this section and in consequence thereof horses go upon the track and are injured, the fact that the horses were, at the time, running away does not exonerate the company. Larson v. Chicago & N. W. Ry. Co., 89 Neb. 247, 131 N.W. 201 (1911). This statute was not intended to provide a penalty for a failure to maintain cattle guards but to afford compensation to an owner for stock injured in consequence of such failure, so that, to warrant a recovery under its terms, the injury must be traceable to the railroad company's omission to perform that duty. Chicago, B. & Q. R.R. Co. v. King, 76 Neb. 591, 107 N.W. 981 (1906). To create liability under this section, in addition to the company's failure to maintain a fence, the injury must have been occasioned by an agent, engine, or train of the company, but it is not essential to recovery that there must have been a collision between the animals and the train. Chicago, B. & Q. R.R. Co. v. Cox, 51 Neb. 479, 71 N.W. 37 (1897). Overruling B. & M. R.R. Co. v. Shoemaker, 18 Neb. 369, 25 N.W. 365 (1885). In an action for the wrongful death of an infant, evidence of the company's failure to fence its tracks as required by this section is admissible, for the statute is in the nature of a police regulation imposing a positive duty upon the company, and the failure to obey its provisions is negligence. Chicago, B. & Q. R.R. Co. v. Grablin, 38 Neb. 90, 56 N.W. 796 (1893).
NE Code § 74-603 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-603 - Fencing; duty; landowner may fence; cost.

74-603.  Fencing; duty; landowner may fence; cost.Any person who owns land adjoining the right-of-way of any railroad and not within the limits of any town, village, or city who intends to enclose the land, or any part thereof, that adjoins such right-of-way with a fence may notify the railroad in writing of such intention and request the railroad to build a lawful fence as described in section 74-601 on the line between its railroad and the land intended to be enclosed. The notice shall specify two points on such line between which points the fence is requested to be erected and shall describe the land intended to be enclosed. The railroad shall, within six months after receiving such notice, cause the fence requested by such notice to be erected, and in case of a failure so to do, the party giving notice may cause such fence to be erected at a reasonable cost and collect such amount from the railroad.Source   Laws 1883, c. 62, § 1, p. 262;   R.S.1913, § 6035;   C.S.1922, § 5396;   C.S.1929, § 74-601;   R.S.1943, § 74-603;   Laws 1994, LB 414, § 15.  Annotations To entitle one to recover the reasonable expense of erecting a fence along a railroad right-of-way, after the company failed to do so, he must show that the fence erected complies with the requirements of this section. Chicago, B. & Q. R.R. Co. v. Lyon, 50 Neb. 640, 70 N.W. 261 (1897).
NE Code § 74-604 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-604 - Failure to fence; injury to livestock; liability.

74-604.  Failure to fence; injury to livestock; liability.Any railroad which fails to fence on both sides of its right-of-way against all livestock running at large at all points shall be absolutely liable to the owner of any livestock injured or killed by the railroad's agents or the agents of any other railroad which runs over and upon such right-of-way.Source   Laws 1867, § 2, p. 89;   R.S.1913, § 6036;   C.S.1922, § 5397;   C.S.1929, § 74-602;   R.S.1943, § 74-604;   Laws 1994, LB 414, § 16.  Annotations  In an action to recover the value of animals killed on the railroad company's track by reason of the company's failure to maintain the required fence, the question of the owner's negligence in permitting the stock to run at large is not to be considered. Chicago, B. & Q. R.R. Co. v. Sims, 17 Neb. 691, 24 N.W. 388 (1885). Under this statute, a railroad company failing to fence its track at a point where it is required to fence is liable for stock killed or injured on its track by its engines or cars and the mere negligence of the owner of the stock is no defense. Burlington & M. R. R. v. Franzen, 15 Neb. 365, 18 N.W. 511 (1884). Where the railroad company failed to fence its track, the question of negligence of the owner of stock killed or injured on the right-of-way is not to be considered in an action for damages brought under this and the preceding section. Burlington & M. R. R. Co. v. Brinkman, 14 Neb. 70, 15 N.W. 197 (1883). Where it was stipulated that the stock owner's animals were at large without his fault and that they were killed without any negligence on the part of the railroad company, other than may be inferred from the neglect to fence the right-of-way, the owner was entitled to recover the value of the animals. Union P. Ry. Co. v. High, 14 Neb. 14, 14 N.W. 547 (1883).
NE Code § 74-605 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-605 - Injured animals; care; violation; penalty.

74-605.  Injured animals; care; violation; penalty.Whenever any horse, cow, or other domestic animal is injured on the right-of-way of any railroad, the trackwalkers and section personnel of the railroad shall care for the animal at once and report the facts to the nearest station agent. If the animal is injured by a train, such member of the train crew as is required by the railroad shall, upon arriving at the first communications facility, notify the person in charge of the track of the fact, and such person shall at once notify the railroad employee having charge of the section upon which the animal is injured who shall at once care for the animal. If any such animal is maimed beyond hope of recovery, such persons shall kill the animal at once. When the animal is not killed, the section official shall give immediate notice, when possible, of the condition of the animal to the owner or his or her agent who shall have the animal cared for at once. When immediate notice to the owner is not possible, the section official shall have the injured animal properly cared for at once. No act of the railroad, its employees or agents, or the owner of an injured animal pursuant to this section shall be held to be an admission of liability or responsibility on the part of the railroad for the injury of the animal nor a waiver or relinquishment by the owner of any right or claim to damages from the railroad. Any person who violates any provision of this section shall be guilty of a Class V misdemeanor.Source   Laws 1911, c. 86, § 1, p. 344;   R.S.1913, § 6037;   C.S.1922, § 5398;   C.S.1929, § 74-603;   R.S.1943, § 74-605;   Laws 1951, c. 245, § 1, p. 856;   Laws 1994, LB 414, § 17.
NE Code § 74-608 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-608 - Right-of-way; cover for wildlife; vegetation; exceptions.

74-608.  Right-of-way; cover for wildlife; vegetation; exceptions.In order to provide cover for wildlife, the vegetation other than noxious weeds within the fenced right-of-way of all railroads outside the corporate limits of any city or village in Nebraska shall not be destroyed, except that (1) such vegetation shall be destroyed from the space between points a distance of seven feet from the outside of each outermost rail each year between May 1 and August 15 or at such places as may be deemed necessary by the railroad for proper operation or maintenance and (2) the county board or board of supervisors of any county may, by written notice, direct any railroad to spray, mow, or otherwise treat specified portions of such fenced right-of-way to kill or destroy vegetation.Source   Laws 1897, c. 17, § 1, p. 183;   R.S.1913, § 6040;   C.S.1922, § 5401;   C.S.1929, § 74-606;   R.S.1943, § 74-608;   Laws 1959, c. 337, § 1, p. 1219;   Laws 1969, c. 599, § 1, p. 2454;   Laws 1994, LB 414, § 18.
NE Code § 74-609 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-609 - Right-of-way; vegetation; treatment; charge by county; collection.

74-609.  Right-of-way; vegetation; treatment; charge by county; collection.If any railroad neglects or refuses to cause its right-of-way to be mowed, sprayed, or otherwise treated as provided in section 74-608, the county board or board of supervisors in which county the right-of-way is located shall, after the time in which the railroad is required to act, cause the vegetation on the railroad right-of-way to be mowed, sprayed, or otherwise treated and the county may charge the railroad the reasonable cost thereof. The county clerk shall include such amounts in making the county tax list as an assessment against such railroad, and the assessment shall be collected in the same manner and at the same time as other taxes.Source   Laws 1897, c. 17, § 2, p. 183;   Laws 1909, c. 99, § 1, p. 407;   R.S.1913, § 6041;   Laws 1915, c. 105, § 1, p. 251;   C.S.1922, § 5402;   Laws 1925, c. 162, § 1, p. 424;   C.S.1929, § 74-607;   R.S.1943, § 74-609;   Laws 1959, c. 337, § 2, p. 1220;   Laws 1994, LB 414, § 19.
NE Code § 74-609.01 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-609.01 - Right-of-way; hunting upon; unlawful; penalty.

74-609.01.  Right-of-way; hunting upon; unlawful; penalty.It shall be unlawful for anyone to hunt upon the fenced right-of-way of any railroad in Nebraska without permission of the owner or responsible authority. Any person who violates this section shall be guilty of a Class III misdemeanor.Source   Laws 1959, c. 337, § 3, p. 1220;   Laws 1977, LB 39, § 187;   Laws 1994, LB 414, § 20.
NE Code § 74-706 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-706 - Transferred to section 74-921.

74-706.  Transferred to section 74-921.
NE Code § 74-915 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-915 - Health and safety of employees; rules and regulations.

74-915.  Health and safety of employees; rules and regulations.The Department of Labor is hereby authorized to promulgate and enforce reasonable rules and regulations after due notice and hearing for the safety, sanitation, shelter, and health of railroad maintenance-of-way employees, as far as shelter and drinking water for human consumption pertain to the railroad maintenance-of-way employees.Source   Laws 1955, c. 189, § 1, p. 537;   Laws 1969, c. 600, § 1, p. 2455.
NE Code § 74-916 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-916 - Drinking water and cups; duty to provide.

74-916.  Drinking water and cups; duty to provide.An adequate supply of cool, sanitary water, for drinking purposes, shall be made available for use of all employees of railroads. Sanitary containers, equipped with a faucet or other dispenser, and individual paper drinking cups shall be furnished by the railroad.Source   Laws 1955, c. 189, § 2, p. 537;   Laws 1969, c. 600, § 2, p. 2455;   Laws 1994, LB 414, § 22.
NE Code § 74-917 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-917 - Rules and regulations; dispute; notice; hearing.

74-917.  Rules and regulations; dispute; notice; hearing.In the event of any dispute or disagreement between any employee and any employer as to the intent, meaning, and interpretation of any or all of the rules adopted in accordance with section 74-915, the Department of Labor shall give notice, to the parties interested, of a date for hearing thereon. After hearing the testimony of all parties, it shall enter an order in accordance therewith.Source  Laws 1955, c. 189, § 3, p. 537.
NE Code § 74-918 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-918 - Drinking water; toilet facilities; locomotives and waycars; duty to provide; violation; penalty.

74-918.  Drinking water; toilet facilities; locomotives and waycars; duty to provide; violation; penalty.Each railroad which operates in this state shall provide sanitary drinking water and toilet facilities on all road locomotives and waycars owned by such railroad when ordered, after investigation, notice, and hearing, by the Public Service Commission. The commission shall specify the type of facilities that shall be installed on each road locomotive and waycar placed in service after January 1, 1971. This section shall not prevent any railroad from operating equipment not in conformity with this section for less than fifty miles. Any railroad which violates this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars.Source   Laws 1969, c. 598, § 1, p. 2453;   Laws 1994, LB 414, § 23.
NE Code § 74-919 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-919 - Margins along tracks; keep free from debris and vegetation; enforcement.

74-919.  Margins along tracks; keep free from debris and vegetation; enforcement.Each railroad in this state shall keep and maintain the margins alongside its tracks where railroad employees are required to walk in the course of their duties reasonably free from debris and vegetation which affect the safety of such employees while working. The Public Service Commission shall enforce and prosecute any violation of this section.Source   Laws 1973, LB 177, § 1;   Laws 1994, LB 414, § 24.
NE Code § 74-921 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-921 - Locomotive operators; conductors; intoxication; penalty.

74-921.  Locomotive operators; conductors; intoxication; penalty.Any person who is intoxicated while in charge of a locomotive running upon the track of any railroad or while acting as the conductor of a car or train of cars on any railroad shall be guilty of a Class I misdemeanor.Source   R.S.1866, c. 25, § 108, p. 227;   R.S.1913, § 6057;   C.S.1922, § 5414;   C.S.1929, § 74-706;   R.S.1943, § 74-706;   Laws 1977, LB 39, § 188;   R.S.1943, (1990), § 74-706;   Laws 1994, LB 414, § 21.
NE Code § 74-1301 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1301 - Policy of state.

74-1301.  Policy of state.It is declared to be the policy of this state to reduce the number of fatalities and injuries caused by collisions between motor vehicles and railroad trains; to eliminate as far as possible unnecessary conflicts between railroad transportation and highway transportation; to improve the movement of both rail and highway traffic by eliminating grade crossings; and to assist in relocation of railroad facilities that bisect the central portions of municipalities, thus hampering the growth of both the municipality and the railroad services; the effect of such policies being to benefit and enhance the community as a whole. These policies shall not be implemented in any manner without just compensation to all damaged parties, including both railroads and shippers, and, where appropriate, alternate routes for affected railroads.Source  Laws 1971, LB 919, § 1.
NE Code § 74-1302 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1302 - Railroad transportation safety district; formation; purpose.

74-1302.  Railroad transportation safety district; formation; purpose.Whenever, in a county in which is located a city or cities of the primary or first class, it will be conducive to the public health, safety, convenience, or welfare (1) to move, relocate, or remove any railroad tracks or railroad right-of-way, including improvements, (2) to relocate or remove any railroad yard, switch yard, or switch tracks, (3) to change, construct, eliminate, or reconstruct, including the use of protective devices of any kind or nature, any highway or street crossing of a railroad property, (4) to move, construct, or reconstruct any railroad bridge, viaduct, or subway, (5) to acquire, negotiate, sell, or eliminate any joint trackage operating rights or any rights of other individuals or entities over, in, or on any railroad tracks, rights-of-way, switch yards, or switch tracks, or (6) to do any two or more of the activities listed in subdivisions (1) through (5) of this section, a special district to be known as a railroad transportation safety district may be formed and may proceed, as provided in sections 74-1301 to 74-1308, for the purpose of inaugurating, developing, and negotiating for programs which may involve the constructing, reconstructing, leasing, maintaining, or selling of such work or works of public transportation improvement.Source   Laws 1971, LB 919, § 2;   Laws 1975, LB 188, § 1;   Laws 1981, LB 65, § 1;   Laws 1995, LB 80, § 1.
NE Code § 74-1303 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1303 - District; formation; procedure.

74-1303.  District; formation; procedure.Such a district shall be formed by the adoption of a resolution of formation, after a finding that such district is conducive to the public health, safety, convenience, or welfare, by the city council of the city or cities and by the county commissioners of any county in which such city or cities are located. Such district shall then come into existence in accordance with the date set in the resolutions of formation.Source   Laws 1971, LB 919, § 3;   Laws 1981, LB 65, § 2.
NE Code § 74-1304 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1304 - Board of directors; members; appointment; expenses.

74-1304.  Board of directors; members; appointment; expenses.(1) If a district is formed which includes only one city, such district shall be governed by a board of directors made up of three members from the city council of such city adopting such resolution, which members shall be designated by such council, and of three members from the county commissioners of such county adopting such resolution, which members shall be designated by the county board.(2) If a district is formed which has two or more cities of the primary or first class, such district shall be governed by a board of directors made up of three members from each city council adopting such resolution, which members shall be designated by such council, and of three members from the county commissioners of such county adopting such resolution which members shall be designated by the county board. When participating in the district's affairs, the members representing the cities shall each have one vote and the members representing the county shall each have one vote for each city represented, so that the total number of votes of members of the cities is equal to the total number of votes of members of the county.(3) In each instance such designated individual shall be an elected member of such body. No additional compensation shall be paid to such directors, but such directors shall be paid their actual expenses while engaged in the business of the district. Such directors shall be appointed annually by the respective bodies, or when a vacancy shall earlier occur.Source   Laws 1971, LB 919, § 4;   Laws 1981, LB 65, § 3.
NE Code § 74-1306 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1306 - Budget; submit to county board; levy; tax.

74-1306.  Budget; submit to county board; levy; tax.Before July 1 of each calendar year, the board of directors shall prepare an itemized budget of funds needed for the next fiscal year which are necessary to carry out the authorities granted under sections 74-1302, 74-1303, and 74-1305. The board of directors shall transmit such budget to the county board. The county board shall levy a tax sufficient to produce the amount of funds requested but not to exceed two and six-tenths cents on each one hundred dollars upon the taxable value of all taxable property in the county subject to section 77-3443. Such levy shall be in addition to all other levies authorized or limited by law. The tax so levied shall be collected in the same manner as other property taxes, and the proceeds therefrom shall be kept in a separate account identified by the official name of the transportation district. The county treasurer shall transfer such funds to the district as requested by the board of directors.Source   Laws 1971, LB 919, § 6;   Laws 1979, LB 187, § 190;   Laws 1992, LB 719A, § 161;   Laws 1996, LB 1114, § 66.
NE Code § 74-1307 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1307 - Bonds; issuance; sinking fund.

74-1307.  Bonds; issuance; sinking fund.For carrying out the purposes and powers set forth in sections 74-1302, 74-1303, and 74-1305, including paying the cost thereof, the district may: (1) Borrow money and issue its negotiable general obligation bonds upon such terms and conditions as the board of directors may determine and without a vote of the electors; (2) issue warrants to contractors and others furnishing services or materials or in satisfaction of other obligations created under sections 74-1302, 74-1303, and 74-1305, such warrants to be issued in such amounts and on such terms and conditions as the board shall determine, and to be redeemed and paid upon the sale of bonds or receipt of other funds available for such purpose; and (3) establish a sinking fund for the payment of such bonds as may be issued under this section.Source   Laws 1971, LB 919, § 7;   Laws 1985, LB 81, § 1;  Laws 2005, LB 161, § 12.