Nebraska § 74-1335 Crossings; private; railroad; successor in interest; duties

Nebraska Statutes

§ 74-1335 — Crossings; private; railroad; successor in interest; duties

Nebraska § 74-1335

Ch. 74Railroads

This text of Nebraska § 74-1335 (Crossings; private; railroad; successor in interest; duties) 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. § 74-1335 (2026).

Text

(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.

(2)Whenever any person owns land on both sides of the right-of-way of any railroad or its successor in interest, such railroad or its successor in interest 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 or its successor in interest may file written complaint with the Department of Transportation against any such railroad or its successor in interest that the crossing is

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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.
(2) Whenever any person owns land on both sides of the right-of-way of any railroad or its successor in interest, such railroad or its successor in interest 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 or its successor in interest may file written complaint with the Department of Transportation against any such railroad or its successor in interest 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.

Legislative History

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; Laws 2025, LB398, § 56. Operative Date: September 3, 2025 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).