reglab/housing_qa huggingface dataset:
NE Code § 74-1308 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1308 - Officers; meetings; bond; records; inspection; treasurer; report; violations; penalty.

74-1308.  Officers; meetings; bond; records; inspection; treasurer; report; violations; penalty.(1) The board of directors shall annually elect a president, vice president, secretary, and such other officers as may be necessary. The board shall cause to be kept accurate minutes of its meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management, and business of the district, which shall be kept at the principal place of business of the district. All books, papers, and vouchers shall be subject to public inspection at reasonable hours, and the district shall be subject to the Open Meetings Act.(2) The treasurer of such district shall be the treasurer of the county of such district and shall annually make a detailed report in writing of all receipts and disbursements. The report shall contain a statement of (a) the funds on hand belonging to the district, (b) the amount, if any, in the hands of the county treasurer, (c) all money received during the preceding year from all sources, and (d) all items of disbursement during such year and the purposes for which the same have been paid out, including all compensation paid to officers of the district and all other expenses of administration. The report shall be verified under oath. A copy of the same shall be filed annually with the county clerk of the county.(3) Such officers and employees as may be designated by the board of directors shall furnish bonds in such amounts as may be fixed by the board of directors. Such bonds shall be conditioned upon the faithful performance of the duties of each such officer or employee and the proper accounting for all funds or property coming into the hands of each such officer or employee. Such bonds shall (a) run to the district, (b) be signed by a surety or sureties to be approved by the county clerk of the county, and (c) be filed and recorded in the office of such county clerk.(4) If any such treasurer fails or neglects to make out the report or file the same with the county clerk as required by subsection (2) of this section, if any officer of such district neglects or refuses to submit for inspection any records or papers of such district upon demand of any person interested, or if any person otherwise neglects to perform any duties imposed upon him or her by this section, he or she shall be guilty of a Class V misdemeanor.Source   Laws 1971, LB 919, § 8;   Laws 1981, LB 65, § 5;  Laws 2004, LB 821, § 22.  Cross References  Open Meetings Act, see section 84-1407.
NE Code § 74-1310 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1310 - Department, defined.

74-1310.  Department, defined.For purposes of sections 74-1310 to 74-1322, unless the context otherwise requires, department shall mean the Department of Transportation.Source   Laws 1979, LB 42, § 1;   Laws 1994, LB 414, § 25;  Laws 2017, LB339, § 251.
NE Code § 74-1311 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1311 - Department; determine railroad crossing safety measures needed.

74-1311.  Department; determine railroad crossing safety measures needed.The department shall have authority to determine that (1) a railroad crossing shall be eliminated, (2) automatic railroad grade crossing protection devices shall be installed, modified, or improved, (3) an overpass or underpass is needed at a railroad crossing, or (4) other measures are necessary to improve public safety at railroad crossings.Source  Laws 1979, LB 42, § 2.
NE Code § 74-1312 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1312 - Department; establish priority list for railroad crossing safety improvement.

74-1312.  Department; establish priority list for railroad crossing safety improvement.The department shall establish and update, as needed, a priority list for improving the safety of railroad crossings in Nebraska. The list shall identify all crossings in need of safety improvements and the relative order of need.Source  Laws 1979, LB 42, § 3.
NE Code § 74-1313 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1313 - Priority list; factors to be considered.

74-1313.  Priority list; factors to be considered.In establishing the priority list under section 74-1312, the department shall consult with governmental subdivisions to determine where railroad crossing safety measures are needed. The department shall consider the accident history of the crossing, the amount of traffic at the crossing, traffic speed limits, population density, visibility of the crossing, any information provided by notices filed with the commission under section 74-1316, the results of any investigations conducted by the Public Service Commission under section 75-426, and similar factors.Source  Laws 1979, LB 42, § 4.
NE Code § 74-1314 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1314 - Political subdivision; determine need for railroad crossing safety measure; notice to railroad; priority.

74-1314.  Political subdivision; determine need for railroad crossing safety measure; notice to railroad; priority.When any political subdivision of this state determines that public safety will be improved by eliminating a crossing, by the installation, substantial modification, or improvement of automatic railroad grade crossing protection, or by construction of an overpass or underpass where a street, road, or highway intersects with a line of the railroad company within its jurisdiction, and demand is made upon the railroad company concerned, the political subdivision shall inform the department of such fact.Upon receiving such notice, or upon its own determination, the department shall forthwith examine the crossing concerned, in conjunction with representatives of the political subdivision, to determine whether the position of such crossing on the priority list established under section 74-1312 should be adjusted.Source   Laws 1979, LB 42, § 5;  Laws 2017, LB339, § 252.
NE Code § 74-1315 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1315 - Department; utilize federal funds; matching funds; how paid.

74-1315.  Department; utilize federal funds; matching funds; how paid.The department shall utilize any federal funds available in the construction of railroad grade crossing protection devices or other safety improvements. If funds are needed to match any federal funds the political subdivision in which the crossing is located shall contribute half of the matching funds needed but shall not be required to provide more than five percent of the total cost. If it is determined by the department that a railroad crossing safety project involving federal funds will result in ascertainable benefits to the railroad such railroad may be required to provide up to five percent of the total cost of the project. The balance of any matching funds needed shall be paid by the department from the Grade Crossing Protection Fund.Source  Laws 1979, LB 42, § 6.
NE Code § 74-1316 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1316 - Railroad crossing accident; notice to department; when.

74-1316.  Railroad crossing accident; notice to department; when.When an accident occurs at any railroad crossing within the State of Nebraska which results in serious personal injury or loss of human life, the corporation operating the railroad which was involved in the accident shall within one day thereafter notify the department that an accident has occurred and shall promptly furnish to the department a copy of the same notice that it is required to furnish to the Nebraska Public Service Commission and the Federal Railroad Administration.Source  Laws 1979, LB 42, § 7.
NE Code § 74-1317 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1317 - Grade Crossing Protection Fund; created; purpose; investment.

74-1317.  Grade Crossing Protection Fund; created; purpose; investment.In order to promote public safety at the intersection of railroad lines and all classes of highways, there is hereby created a special fund known as the Grade Crossing Protection Fund which shall be established in the state treasury to be used in furnishing financial assistance in the improvement of the safety of railroad grade crossings in this state, including the elimination of such crossings, the construction, substantial modification, or improvement of and the maintenance of automatic crossing protection at such grade crossings, and the construction and maintenance of overpasses and underpasses at railroad crossings. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1961, c. 359, § 1, p. 1126;   R.S.Supp.,1961, § 75-219.01;   Laws 1963, c. 241, § 1, p. 732;   Laws 1969, c. 584, § 40, p. 2368;   Laws 1973, LB 144, § 1;   R.S.Supp.,1973, § 39-7,136;   Laws 1975, LB 249, § 1;   R.S.Supp.,1979, § 39-6,194;   Laws 1979, LB 42, § 8;   Laws 1995, LB 7, § 85.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 74-1319 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1319 - Abandoned railroad line; removal of grade crossing protection devices.

74-1319.  Abandoned railroad line; removal of grade crossing protection devices.Whenever a railroad line is abandoned, the department may remove grade crossing protection devices therefrom to protect the state's investment therein.Source   Laws 1979, LB 42, § 10;  Laws 2017, LB339, § 254.
NE Code § 74-1320 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1320 - Excise tax on railroads transporting freight; rate; collection; report; payment.

74-1320.  Excise tax on railroads transporting freight; rate; collection; report; payment.(1) There is hereby levied an excise tax on each railroad transporting freight in the State of Nebraska. Such tax shall be levied at the rate of seven and one-half cents for each train mile operated by such railroad in the state and one hundred dollars for each public grade crossing on the line of such railroad in the state. Such tax shall be independent of any assessment of costs for benefits received by the railroad from projects for the construction, rehabilitation, relocation, or modification of railroad grade separation facilities. The Department of Revenue shall collect the tax due pursuant to this section from each railroad transporting freight within the state.(2) On each March 1, each such railroad shall submit to the Department of Revenue a report of its total train miles operated within the state during the previous January 1 through December 31 and the number of public grade crossings on its line in the state at the close of the previous year. All taxes shall be due on the date of reporting and shall be delinquent if not paid on a quarterly basis on April 1 and each quarter thereafter. Delinquent quarterly payments shall draw interest at the rate provided for in section 45-104.02, as such rate may from time to time be adjusted.(3) As used in this section, train mile shall mean each mile traveled by a train in this state regardless of the number of cars in such train.Source   Laws 1979, LB 42, § 12;   Laws 1980, LB 507, § 30;   Laws 1981, LB 190, § 1;   Laws 1984, LB 348, § 1;   Laws 1992, Fourth Spec. Sess., LB 1, § 11.
NE Code § 74-1321 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1321 - Excise tax on railroad transporting freight; similar appropriation; how used.

74-1321.  Excise tax on railroad transporting freight; similar appropriation; how used.All revenue derived from the tax levied pursuant to section 74-1320, together with such other funds as may be appropriated by the state for the same purposes, shall be placed in the Grade Crossing Protection Fund and may be allocated and expended in the same manner as other money in such fund for the purpose of constructing, rehabilitating, relocating, or modifying railroad grade separation facilities.Source   Laws 1979, LB 42, § 13;   Laws 1981, LB 190, § 2.
NE Code § 74-1322 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1322 - Failure to file report or pay taxes; violation; penalty.

74-1322.  Failure to file report or pay taxes; violation; penalty.Failure to file a report required by section 74-1320, filing such report late, failure to pay taxes due, or underpayment of such taxes shall result in a penalty of five percent of the amount due being imposed for each month the report is overdue or the payment is delinquent.Source  Laws 1979, LB 42, § 14.
NE Code § 74-1323 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1323 - Railroad car; obstructing view at crossing; violation; penalty.

74-1323.  Railroad car; obstructing view at crossing; violation; penalty.(1) Unless otherwise provided by city or village ordinance, the Public Service Commission, upon complaint or on its own motion, as to the crossing which is the subject of the complaint or motion, may direct that at such crossing any railroad car that is stored or parked on a railroad track which may be obstructing or obscuring the traveling public's view of any oncoming train be stored or parked at a minimum distance from the crossing of such railroad and public road. The minimum distance shall be that deemed by the commission to be reasonable and necessary to provide a sight distance at the crossing adequate to protect the safety of the traveling public, but in no instance shall any person who is authorized to control the movement of such railroad car or cars within such distance be prevented from reasonably conducting his or her business.(2) Any company, its officers, agents, or employees, or any other person subject to subsection (1) of this section who fails, neglects, or refuses to promptly comply with an order of the commission issued under this section shall be guilty of a Class IV misdemeanor, but shall be fined not more than two hundred dollars for each offense. Each day of such neglect, refusal, or failure shall constitute a separate offense.Source  Laws 1984, LB 790, § 1.
NE Code § 74-1329 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1329 - Act, how cited.

74-1329.  Act, how cited.Sections 74-1329 to 74-1343 shall be known and may be cited as the Nebraska Highway-Rail Grade Crossing Safety and Consolidation Act.Source  Laws 1997, LB 255, § 1.
NE Code § 74-1330 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1330 - Legislative intent.

74-1330.  Legislative intent.The Legislature hereby recognizes that the State of Nebraska leads the nation in the average number of highway-rail grade crossings per mile and that the State of Nebraska is traversed by a rail corridor that leads the nation in density of train traffic, in addition to other rail corridors in the state that also experience high levels of traffic. The Legislature further recognizes that these factors combine to create a serious and growing threat to public safety which must be addressed in a comprehensive manner that reflects the input and interests of local communities, the general motoring public, commercial highway users, and shippers of agricultural and other types of commodities who rely on rail transportation for efficient, timely transport of their goods.It is the intent of the Legislature that any state role regarding highway-rail grade crossings, including public safety, Operation Lifesaver, maintenance, design, consolidation, separation, signalization, improvement, or relocation, be consolidated under one agency.Source  Laws 1997, LB 255, § 2.
NE Code § 74-1331 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1331 - Bridges; construction; dimensions; maintenance; violation; penalty.

74-1331.  Bridges; construction; dimensions; maintenance; violation; penalty.Any person who operates a railroad in the State of Nebraska shall construct all bridges on its railway so that each bridge over a running stream in this state has an opening below high water line the area of which is sufficient to allow the free and unobstructed passage of the water of such running stream at extreme high water state. If in the case of any given bridge satisfactory proof is made to the Department of Transportation that the dimensions prescribed in this section are greater than are necessary to permit the unimpeded passage of the water under such bridge at high water, the department may authorize construction of the bridge with dimensions less than those prescribed in this section. Each railroad shall maintain and keep in good repair all bridges and abutments which the railroad constructs to enable its tracks to pass over or under any turnpike, road, canal, watercourse, or other way. Any operator of a railroad in this state who violates any of the provisions of this section or who permits any such violation on the part of any employee shall be guilty of a Class III misdemeanor.Source   Laws 1963, c. 425, art. IV, § 27, p. 1408;   Laws 1994, LB 414, § 93;   R.S.1943, (1996), § 75-427;   Laws 1997, LB 255, § 3;  Laws 2017, LB339, § 255.
NE Code § 74-1332 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1332 - Crossings; jurisdiction of department.

74-1332.  Crossings; jurisdiction of department.The Department of Transportation shall have jurisdiction over all crossings outside of incorporated villages, towns, and cities, both public and private, across, over, or under all railroads in the state, except as provided in sections 74-1338 to 74-1340, and shall adopt and promulgate such rules and regulations for the construction, repair, and maintenance of the crossings as the department deems adequate and sufficient for the protection and necessity of the public.Source   Laws 1963, c. 425, art. IV, § 10, p. 1401;   R.S.1943, (1996), § 75-410;   Laws 1997, LB 255, § 4;  Laws 2017, LB339, § 256.  Annotations The Nebraska Public Service Commission has no authority to order a railroad company to construct a crossing over its railroad at a point within the limits of a city or village where no street has been opened. The Nebraska Public Service Commission does not have jurisdiction over questions of law arising out of contract or title to real estate. The Nebraska Public Service Commission has no jurisdiction over crossings of railroads within incorporated villages, towns, and cities, except to provide regulations for the safety and convenience of the public. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).
NE Code § 74-1333 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1333 - Crossings; public; maintenance.

74-1333.  Crossings; public; maintenance.The owner of any railroad tracks which are crossed by a public road shall make and keep in good repair good and sufficient crossings for such road over its tracks, including all the grading, bridges, ditches, and culverts that may be necessary within its right-of-way. Such crossings shall be not less than twenty feet wide and shall be solidly constructed with no openings or filled spaces except such as are necessary for the track. The railroad crossings shall be made of durable material equal to the height of the railroad track. The Department of Transportation may, upon proper investigation and hearing, impose additional reasonable requirements as the circumstances may warrant.Source   Laws 1963, c. 425, art. IV, § 11, p. 1402;   Laws 1994, LB 414, § 86;   R.S.1943, (1996), § 75-411;   Laws 1997, LB 255, § 5;  Laws 2017, LB339, § 257.
NE Code § 74-1334 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1334 - Crossings; public; safety regulations; gates and alarms; closure; when.

74-1334.  Crossings; public; safety regulations; gates and alarms; closure; when.(1) Wherever any railroad track crosses any public road in a cut, on a curve or side hill, in timber lands, near buildings, or near any obstruction of view from the road, the Department of Transportation shall direct such precautions to be taken as it deems necessary for the safety of the traveling public. Each railroad carrier shall also provide and maintain such gates, crossings, signs, signals, alarm bells, and warning personnel as the department directs. The department may direct the placement of special signs where the physical conditions of any crossing warrant such action.(2) Except as provided in subsection (3) of this section, any public railroad crossing without gates, signals, alarm bells, or warning personnel located within one-quarter mile from a public railroad crossing with gates, signals, alarm bells, or warning personnel shall be closed unless it is the only railroad crossing which provides access to property.(3) An interested party may object to an action taken under subsection (2) of this section only if a written request is submitted to the department by a professional engineer licensed to practice in the State of Nebraska. The engineer shall state in writing that the engineer is familiar with the requirements in this section and with all relevant aspects of the railroad crossing. The engineer shall also provide a detailed explanation of why subsection (2) of this section should not apply to the railroad crossing in question and a statement that the railroad crossing corridor has been examined by the engineer and the engineer believes that the railroad crossing will be safe as designed. Such a written request shall exempt a railroad crossing from being closed under subsection (2) of this section.Source   Laws 1963, c. 425, art. IV, § 12, p. 1402;   Laws 1994, LB 414, § 87;   R.S.1943, (1996), § 75-412;   Laws 1997, LB 255, § 6;  Laws 2006, LB 79, § 1;  Laws 2008, LB837, § 1;  Laws 2017, LB339, § 258.
NE Code § 74-1335 (2021)
2021 Nebraska Revised Statutes|Chapter 74 - Railroads|74-1335 - Crossings; private; railroad; duties.

74-1335.  Crossings; private; railroad; duties.Whenever any person owns land on both sides of the right-of-way of any railroad, such railroad shall provide and keep in repair at least one adequate means for such landowner to cross the right-of-way. Any interested landowner with land on both sides of the right-of-way of any railroad may file written complaint with the Department of Transportation against any such railroad that the crossing is not adequate or is unsafe and dangerous to the life and property of those who use it, and the department thereupon shall make such investigation, hold such hearing, and issue such orders as it deems necessary, proper, and adequate. If circumstances warrant, the department may require overhead, underground, or grade crossings and wing fences at underground crossings or may require existing crossings to be relocated so as to be safe to those who use them, but when a special crossing involves an expenditure of more than one thousand five hundred dollars, the landowner shall bear one-half the expenses in excess of one thousand five hundred dollars.Source   Laws 1963, c. 425, art. IV, § 13, p. 1402;   Laws 1994, LB 414, § 88;   R.S.1943, (1996), § 75-413;   Laws 1997, LB 255, § 7;  Laws 2017, LB339, § 259.  Annotations Railroad was under duty to deceased truck driver, a member of crew repairing gas pipelines on farm property, to exercise reasonable care at private farm road crossing being used by decedent with permission of landowner. Kloewer v. Burlington Northern, Inc., 512 F.2d 300 (8th Cir. 1975).