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 […]
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 […]
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.
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
74-1338. Crossings; public; failure of county board and railroad to agree; power of department. 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 […]
74-1339. Crossings; agreement of department; county board or other public authority; powers. 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, […]
74-1340. Crossings; department orders; violation; penalty. 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 owner shall be guilty […]
74-1341. Grade crossing safety; responsibility. 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 crossing safety. Source Laws 1997, LB 255, § 13; […]
74-1342. Comprehensive public safety program; department; duties. (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 establish a process for assessing the risk to the public […]
74-1343. Assessment process; recommendations; department; duties. 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 grade crossing risk abatement. Source Laws 1997, LB […]
74-1421. Transferred to section 74-1415.01.
74-1422. Transferred to section 74-1420.02.
74-1427. Political subdivision; expend local tax funds; election; procedure. (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 issuance of bonds, […]
