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 […]
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 […]
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 […]
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 […]
74-1305. District; powers. (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 right-of-way or additional switch or yard space where changes […]
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 […]
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 […]
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 […]
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.
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
74-1318. Grade Crossing Protection Fund; department; administer; procedure; division of cost; responsibility for protection devices; powers and duties. 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 […]
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.
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 […]
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 […]
