Nebraska § 52-116 Railroad and similar construction; lien for labor or material; to what attaches

Nebraska Statutes

§ 52-116 — Railroad and similar construction; lien for labor or material; to what attaches

Nebraska § 52-116

Ch. 52Liens

This text of Nebraska § 52-116 (Railroad and similar construction; lien for labor or material; to what attaches) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 52-116 (2026).

Text

When material shall have been furnished, or labor performed in the construction, repair, and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such laborer and materialman, contractor, or subcontractor, shall have a lien therefor, and such lien therefor shall extend and attach to the erections, excavations, embankments, bridges, roadbed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which, including the right-of-way, shall constitute the excavation, erection or improvement provided for and mentioned in sections  52-115  to  52-117 .

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When material shall have been furnished, or labor performed in the construction, repair, and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such laborer and materialman, contractor, or subcontractor, shall have a lien therefor, and such lien therefor shall extend and attach to the erections, excavations, embankments, bridges, roadbed, and all land upon which the same may be situated, including the rolling stock thereto appertaining and belonging, all of which, including the right-of-way, shall constitute the excavation, erection or improvement provided for and mentioned in sections 52-115 to 52-117 .

Legislative History

Source: Laws 1881, c. 60, § 2, p. 268; R.S.1913, § 3838; C.S.1922, § 3222; C.S.1929, § 52-116; R.S.1943, § 52-116. Annotations: Description of railroad right-of-way as being between certain streets in a specified city was sufficient. Owen v. Chicago, B. & Q. Ry. Co., 86 Neb. 851, 126 N.W. 658 (1910). Mortgage, given prior to construction, mortgagees being promoters, is subject to liens. Waiver of lien is not inferred from taking collateral security. Kilpatrick v. Kansas City & B. R. Co., 38 Neb. 620, 57 N.W. 664 (1894).