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 from the matters complained of, the department shall hold a hearing and shall make such order as the facts warrant. The findings of the department, subject to the right of appeal, shall be binding on the parties to the suit.
(2) The department shall adopt and promulgate rules and regulations for the construction, repair, and maintenance of all crossings, both public and private, across, over, and under all railroads within the corporate limits of any incorporated village or city. The rules and regulations shall be substantially the same as the rules and regulations under section 74-1332.
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. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).
Structure Nebraska Revised Statutes
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.
74-919 - Margins along tracks; keep free from debris and vegetation; enforcement.
74-921 - Locomotive operators; conductors; intoxication; penalty.
74-1302 - Railroad transportation safety district; formation; purpose.
74-1303 - District; formation; procedure.
74-1304 - Board of directors; members; appointment; expenses.
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.
74-1315 - 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.
74-1319 - 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.
74-1331 - 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.