Nebraska Revised Statutes
Chapter 74 - Railroads
74-1332 - Crossings; jurisdiction of department.

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, repair, and maintenance of the crossings as the department deems adequate and sufficient for the protection and necessity of the public.
Source

Annotations

The Nebraska Public Service Commission has no authority to order a railroad company to construct a crossing over its railroad at a point within the limits of a city or village where no street has been opened. The Nebraska Public Service Commission does not have jurisdiction over questions of law arising out of contract or title to real estate. The Nebraska Public Service Commission has no jurisdiction over crossings of railroads within incorporated villages, towns, and cities, except to provide regulations for the safety and convenience of the public. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 74 - Railroads

74-307 - Roads, streams, or canals; crossings; conditions.

74-308 - Real estate; acquisition; damages; procedure.

74-424 - Transferred to section 81-2801.

74-548 - Shipments; weighing; certificates.

74-549 - Shipments; stations without scales; weighing.

74-550 - Shipments; failure to weigh; penalty.

74-592 - Track motor cars; headlights; rear light; windshield; equip.

74-593 - Track motor cars; failure to equip; violation; penalty.

74-594 - Train, yard, or engine crew; blocking street or highway; liability; exempt.

74-595 - Litter; duty to remove.

74-596 - Speed limitation ordinance; requirements for enactment.

74-597 - Railroad accident or unlawful operation; prohibited law enforcement procedures.

74-601 - Fencing; cattle guards.

74-602 - Failure to fence or repair; liability.

74-603 - Fencing; duty; landowner may fence; cost.

74-604 - Failure to fence; injury to livestock; liability.

74-605 - Injured animals; care; violation; penalty.

74-608 - Right-of-way; cover for wildlife; vegetation; exceptions.

74-609 - Right-of-way; vegetation; treatment; charge by county; collection.

74-609.01 - Right-of-way; hunting upon; unlawful; penalty.

74-706 - Transferred to section 74-921.

74-915 - Health and safety of employees; rules and regulations.

74-916 - Drinking water and cups; duty to provide.

74-917 - Rules and regulations; dispute; notice; hearing.

74-918 - Drinking water; toilet facilities; locomotives and waycars; duty to provide; violation; penalty.

74-919 - Margins along tracks; keep free from debris and vegetation; enforcement.

74-921 - Locomotive operators; conductors; intoxication; penalty.

74-1301 - Policy of state.

74-1302 - Railroad transportation safety district; formation; purpose.

74-1303 - District; formation; procedure.

74-1304 - Board of directors; members; appointment; expenses.

74-1305 - District; powers.

74-1306 - Budget; submit to county board; levy; tax.

74-1307 - Bonds; issuance; sinking fund.

74-1308 - Officers; meetings; bond; records; inspection; treasurer; report; violations; penalty.

74-1310 - Department, defined.

74-1311 - Department; determine railroad crossing safety measures needed.

74-1312 - Department; establish priority list for railroad crossing safety improvement.

74-1313 - Priority list; factors to be considered.

74-1314 - Political subdivision; determine need for railroad crossing safety measure; notice to railroad; priority.

74-1315 - Department; utilize federal funds; matching funds; how paid.

74-1316 - Railroad crossing accident; notice to department; when.

74-1317 - Grade Crossing Protection Fund; created; purpose; investment.

74-1318 - Grade Crossing Protection Fund; department; administer; procedure; division of cost; responsibility for protection devices; powers and duties.

74-1319 - Abandoned railroad line; removal of grade crossing protection devices.

74-1320 - Excise tax on railroads transporting freight; rate; collection; report; payment.

74-1321 - Excise tax on railroad transporting freight; similar appropriation; how used.

74-1322 - Failure to file report or pay taxes; violation; penalty.

74-1323 - Railroad car; obstructing view at crossing; violation; penalty.

74-1329 - Act, how cited.

74-1330 - Legislative intent.

74-1331 - Bridges; construction; dimensions; maintenance; violation; penalty.

74-1332 - Crossings; jurisdiction of department.

74-1333 - Crossings; public; maintenance.

74-1334 - Crossings; public; safety regulations; gates and alarms; closure; when.

74-1335 - Crossings; private; railroad; duties.

74-1336 - Crossings; complaints; hearing; order; rules and regulations.

74-1337 - Crossings; public; county board; agreement.

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

74-1339 - Crossings; agreement of department; county board or other public authority; powers.

74-1340 - Crossings; department orders; violation; penalty.

74-1341 - Grade crossing safety; responsibility.

74-1342 - Comprehensive public safety program; department; duties.

74-1343 - Assessment process; recommendations; department; duties.

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.