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63 sections in this chapter.
Neb. Rev. Stat. § 74-1301 Policy of state.
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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 impr…
Neb. Rev. Stat. § 74-1302 Railroad transportation safety district; formation; purpose.
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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 reloc…
Neb. Rev. Stat. § 74-1303 District; formation; procedure.
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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 su…
Neb. Rev. Stat. § 74-1304 Board of directors; members; appointment; expenses.
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(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…
Neb. Rev. Stat. § 74-1305 District; powers.
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(1) Such district shall have the power, right, and authority after notice and public hearing (a) to purchase within or without such county railroad rights-of-way including the improvements, (b) to purchase land not presently owned or used by any railroad company for additional ri…
Neb. Rev. Stat. § 74-1306 Budget; submit to county board; levy; tax.
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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 …
Neb. Rev. Stat. § 74-1307 Bonds; issuance; sinking fund.
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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 deter…
Neb. Rev. Stat. § 74-1308 Officers; meetings; bond; records; inspection; treasurer; report; violations; penalty.
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(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 book…
Neb. Rev. Stat. § 74-1310 Department, defined.
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For purposes of sections 74-1310 to 74-1322, unless the context otherwise requires, department shall mean the Department of Transportation.
Neb. Rev. Stat. § 74-1311 Department; determine railroad crossing safety measures needed.
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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 measu…
Neb. Rev. Stat. § 74-1312 Department; establish priority list for railroad crossing safety improvement.
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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.
Neb. Rev. Stat. § 74-1313 Priority list; factors to be considered.
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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 c…
Neb. Rev. Stat. § 74-1314 Political subdivision; determine need for railroad crossing safety measure; notice to railroad; priority.
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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 whe…
Neb. Rev. Stat. § 74-1315 Department; utilize federal funds; matching funds; how paid.
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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…
Neb. Rev. Stat. § 74-1316 Railroad crossing accident; notice to department; when.
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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 ac…
Neb. Rev. Stat. § 74-1317 Grade Crossing Protection Fund; created; use; investment.
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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 i…
Neb. Rev. Stat. § 74-1318 Grade Crossing Protection Fund; department; administer; procedure; division of cost; responsibility for protection devices; powers and duties.
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The department is hereby empowered to administer the funds deposited in the Grade Crossing Protection Fund as follows: (1) If the department and the political subdivision with jurisdiction over the crossing agree that a grade crossing should be eliminated by closing the street, r…
Neb. Rev. Stat. § 74-1319 Abandoned railroad line; removal of grade crossing protection devices.
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Whenever a railroad line is abandoned, the department may remove grade crossing protection devices therefrom to protect the state's investment therein.
Neb. Rev. Stat. § 74-1320 Excise tax on railroads transporting freight; rate; collection; report; payment.
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(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 cross…
Neb. Rev. Stat. § 74-1321 Excise tax on railroad transporting freight; similar appropriation; how used.
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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…
Neb. Rev. Stat. § 74-1322 Failure to file report or pay taxes; violation; penalty.
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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.
Neb. Rev. Stat. § 74-1323 Railroad car; obstructing view at crossing; violation; penalty.
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(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 rail…
Neb. Rev. Stat. § 74-1329 Act, how cited.
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Sections 74-1329 to 74-1343 shall be known and may be cited as the Nebraska Highway-Rail Grade Crossing Safety and Consolidation Act.
Neb. Rev. Stat. § 74-1330 Legislative intent.
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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…
Neb. Rev. Stat. § 74-1331 Bridges; construction; dimensions; maintenance; violation; penalty.
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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 wa…
Neb. Rev. Stat. § 74-1332 Crossings; jurisdiction of department.
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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 prom…
Neb. Rev. Stat. § 74-1333 Crossings; public; maintenance.
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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 crossi…
Neb. Rev. Stat. § 74-1334 Crossings; public; safety regulations; gates and alarms; closure; when.
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(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 safe…
Neb. Rev. Stat. § 74-1335 Crossings; private; railroad; successor in interest; duties.
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(1) For purposes of this section, successor in interest includes any agent, successor, assignee, trustee, receiver, or other person acquiring interests or rights in railroad land, including the owner or holder of any servient estate or right of reversion relating to railroad land…
Neb. Rev. Stat. § 74-1336 Crossings; complaints; hearing; order; rules and regulations.
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(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 reli…
Neb. Rev. Stat. § 74-1337 Crossings; public; county board; agreement.
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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 w…
Neb. Rev. Stat. § 74-1338 Crossings; public; failure of county board and railroad to agree; power of department.
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If the owner of the railroad track and the county board or other public authority in interest fail to agree upon any of the matters or things mentioned in section 74-1337, either the owner or the county board or other public authority in interest, in the name of the county or oth…
Neb. Rev. Stat. § 74-1339 Crossings; agreement of department; county board or other public authority; powers.
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The county board or other public authority in interest may carry out any such agreement and may establish, vacate, or relocate any public road so as to comply with any such agreement. The procedure shall be that provided by sections 39-1701 to 39-1731, insofar as the same is appl…
Neb. Rev. Stat. § 74-1340 Crossings; department orders; violation; penalty.
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When the owner of railroad tracks fails, neglects, or refuses promptly to comply with any order of the Department of Transportation issued under sections 74-1332 to 74-1339 or fails, refuses, or neglects to comply with such sections after the department has issued an order, the o…
Neb. Rev. Stat. § 74-1341 Grade crossing safety; responsibility.
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The Department of Transportation, which possesses the requisite engineering expertise, highway and rail planning function, and highway safety mission and is the repository for state and federal funding for both rail and highway projects, shall be the agency responsible for grade …
Neb. Rev. Stat. § 74-1342 Comprehensive public safety program; department; duties.
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(1) The Department of Transportation shall adopt and promulgate rules and regulations establishing a comprehensive public safety program to deal with problems associated with public and private highway-rail grade crossings. In designing such a program, the department shall establ…
Neb. Rev. Stat. § 74-1343 Assessment process; recommendations; department; duties.
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The Department of Transportation shall establish the grade crossing safety assessment process no later than twelve months after September 13, 1997, and shall recommend to the Legislature no later than eighteen months after September 13, 1997, an equitable formula for funding grad…
Neb. Rev. Stat. § 74-1427 Political subdivision; expend local tax funds; election; procedure.
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(1) If the governing body of a political subdivision determines that it is necessary or beneficial for the vitality of such political subdivision to expend local tax funds for rehabilitation or improvement of a light-density rail line or rail facility construction, including the …
Neb. Rev. Stat. § 74-307 Roads, streams, or canals; crossings; conditions.
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Any railroad may construct and carry its tracks across, over, or under any road, railroad, canal, stream, or watercourse when it may be necessary in the construction thereof. In such cases, the railroad shall construct its railroad crossings so as to not unnecessarily impede the …
Neb. Rev. Stat. § 74-308 Real estate; acquisition; damages; procedure.
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Any railroad may purchase and use real estate for a price to be agreed upon with the owners thereof and may acquire the same through the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-…
Neb. Rev. Stat. § 74-548 Shipments; weighing; certificates.
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The owner, consignor, or consignee of any carload lots of grain, coal, merchandise, or other property in course of transportation over any railroad within the state, transporting the same for hire, may request in writing any agent of the operators of such railroad to weigh any su…
Neb. Rev. Stat. § 74-549 Shipments; stations without scales; weighing.
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Wherever any carload lot of merchandise, coal, grain, or other property is delivered for transportation for hire to any railroad within this state, consigned to any person at a station on the line of the railroad or upon any other railroad within this state, where no track scale …
Neb. Rev. Stat. § 74-550 Shipments; failure to weigh; penalty.
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Any railroad operating in this state and violating any of the provisions of sections 74-548 and 74-549 by neglecting or refusing to furnish weights as provided in section 74-549 shall upon conviction thereof be fined in the sum of one hundred dollars for each and every such viola…
Neb. Rev. Stat. § 74-592 Track motor cars; headlights; rear light; windshield; equip.
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Each railroad shall equip each of its track motor cars used during the period from sunset to sunrise with (1) an electric headlight of such construction either permanent or portable and with sufficient candlepower to render plainly visible at a distance of not less than three hun…
Neb. Rev. Stat. § 74-593 Track motor cars; failure to equip; violation; penalty.
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Any railroad which uses or permits to be used on its line in this state a track motor car in violation of section 74-592 shall be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 74-594 Train, yard, or engine crew; blocking street or highway; liability; exempt.
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No member of a train crew, yard crew, or engine crew of a railroad shall be held personally responsible or found guilty of violating any state laws or any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road, or highway crossing-at…
Neb. Rev. Stat. § 74-595 Litter; duty to remove.
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Each railroad shall be responsible for the removal of all litter as defined in section 28-523 on property owned or leased by the railroad which is under a bridge, trestle, or similar structure.
Neb. Rev. Stat. § 74-596 Speed limitation ordinance; requirements for enactment.
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No speed limitation ordinance which would directly affect the operations of an interstate railroad shall be valid or enforceable unless its adoption is in compliance with this section. Before the first reading of the proposed ordinance, each railroad the operations of which would…
Neb. Rev. Stat. § 74-597 Railroad accident or unlawful operation; prohibited law enforcement procedures.
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In any circumstances involving a railroad accident or the operation of a train in violation of state law or local ordinance, no engineer or other crew member of the train shall be required to furnish a motor vehicle operator's license to any state or local law enforcement officer…
Neb. Rev. Stat. § 74-601 Fencing; cattle guards.
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Within six months after the lines of the railroad or any part thereof is open, each railroad shall erect and thereafter maintain fences on the sides of its right-of-way, or the part thereof so open for use, suitable and sufficient to prevent cattle, horses, sheep, and hogs from g…