reglab/statecodes huggingface dataset:
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1336 - Crossings; complaints; hearing; order; rules and regulations.

74-1336.
Crossings; complaints; hearing; order; rules and regulations.
(1) Whenever a complaint is filed in writing with the Department of Transportation by the duly authorized officers of any incorporated village or city or by the owner or operator of any railroad track, relative to any crossing within the affected village or city, praying for relief from the matters complained of, the department shall hold a hearing and shall make such order as the facts warrant. The findings of the department, subject to the right of appeal, shall be binding on the parties to the suit.
(2) The department shall adopt and promulgate rules and regulations for the construction, repair, and maintenance of all crossings, both public and private, across, over, and under all railroads within the corporate limits of any incorporated village or city. The rules and regulations shall be substantially the same as the rules and regulations under section 74-1332.
Source
Laws 1963, c. 425, art. IV, § 14, p. 1403;
Laws 1994, LB 414, § 89;
R.S.1943, (1996), § 75-414;
Laws 1997, LB 255, § 8;
Laws 2003, LB 259, § 1;
Laws 2017, LB339, § 260.
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. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).
2023 Nebraska Revised Statutes › Chapter 74 - Railroads › 74-1337 - Crossings; public; county board; agreement.

74-1337.
Crossings; public; county board; agreement.
Whenever railroad tracks cross a public highway at grade, outside of incorporated cities and villages, the owner of the railroad tracks and the county board of the county in which such crossing is located may agree upon any change, alteration, or construction of any crossing as will promote the public convenience or safety, and they may also agree upon the relocation of any highway so as to eliminate such crossings entirely or so as to carry them over or under such railroad and upon the apportionment of the expenses incident to any such change, alteration, relocation, or construction between the owner of the railroad tracks and the county or other public authority in interest.
Source
Laws 1963, c. 425, art. IV, § 15, p. 1403;
Laws 1994, LB 414, § 90;
R.S.1943, (1996), § 75-415;
Laws 1997, LB 255, § 9.