Nebraska § 74-1338 Crossings; public; failure of county board and railroad to agree; power of department

Nebraska Statutes

§ 74-1338 — Crossings; public; failure of county board and railroad to agree; power of department

Nebraska § 74-1338

Ch. 74Railroads

This text of Nebraska § 74-1338 (Crossings; public; failure of county board and railroad to agree; power of department) 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. § 74-1338 (2026).

Text

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 other public authority in interest, may file an application with the Department of Transportation, setting forth such fact together with a statement of the change, alteration, relocation, or construction it wants, the estimated cost thereof, and such other facts as may be relevant and asking the department to enter an order directing that the change, alteration, relocation, or construction be made. The department shall proceed to hear the application in the manner provided by law, and if it finds that the applicatio

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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 other public authority in interest, may file an application with the Department of Transportation, setting forth such fact together with a statement of the change, alteration, relocation, or construction it wants, the estimated cost thereof, and such other facts as may be relevant and asking the department to enter an order directing that the change, alteration, relocation, or construction be made. The department shall proceed to hear the application in the manner provided by law, and if it finds that the application should be granted, it shall enter an order accordingly, designating in the order what portion of the expense of complying with the order shall be paid by the railroad carrier and what portion shall be paid by the county or other public authority in interest, if any.

Legislative History

Source: Laws 1963, c. 425, art. IV, § 16, p. 1404; Laws 1994, LB 414, § 91; R.S.1943, (1996), § 75-416; Laws 1997, LB 255, § 10; Laws 2017, LB339, § 261.