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

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74-1336. Crossings; complaints; hearing; order; rules and regulations.(1) Whenever a complaint is filed in writing with the Department of Roads 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. SourceLaws 1963, c. 425, art. IV, § 14, p. 1403; Laws 1994, LB 414, § 89; R.S.1943, (1996), § 75-414; Laws 1997, LB 255, § 8; Laws 2003, LB 259, § 1. AnnotationsThe 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).

State Codes and Statutes

Statutes > Nebraska > Chapter74 > 74-1336

74-1336. Crossings; complaints; hearing; order; rules and regulations.(1) Whenever a complaint is filed in writing with the Department of Roads 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. SourceLaws 1963, c. 425, art. IV, § 14, p. 1403; Laws 1994, LB 414, § 89; R.S.1943, (1996), § 75-414; Laws 1997, LB 255, § 8; Laws 2003, LB 259, § 1. AnnotationsThe 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).

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State Codes and Statutes

Statutes > Nebraska > Chapter74 > 74-1336

74-1336. Crossings; complaints; hearing; order; rules and regulations.(1) Whenever a complaint is filed in writing with the Department of Roads 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. SourceLaws 1963, c. 425, art. IV, § 14, p. 1403; Laws 1994, LB 414, § 89; R.S.1943, (1996), § 75-414; Laws 1997, LB 255, § 8; Laws 2003, LB 259, § 1. AnnotationsThe 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).