State Codes and Statutes

Statutes > Nebraska > Chapter74 > 74-1401

74-1401. Legislative findings and intent.(1) The Legislature finds that:(a) Within the State of Nebraska light-density rail lines exist which are in need of rehabilitation or improvement;(b) In some cases the railroads owning light-density rail lines are not financially able to rehabilitate or improve them or there is not sufficient economic incentive for the railroads to rehabilitate or improve them;(c) The present condition of certain light-density rail lines imperils the public safety and well-being;(d) Continued use of properly maintained and operated light-density rail lines is necessary for the economic and physical well-being of the citizens of this state;(e) Properly maintained and operated light-density rail lines will contribute significantly to the conservation of limited energy resources;(f) Properly maintained and operated light-density rail lines can avoid significant increased maintenance and construction costs on state highways and county roads caused by increased truck traffic resulting from shipments diverted if light-density rail lines are abandoned;(g) There are light-density rail lines outside this state which connect with and provide substantial overhead traffic to light-density rail lines within the state, and because of the revenue provided by this overhead traffic, the continued existence of these out-of-state lines may be vital to the long-term viability of some of Nebraska's light-density rail lines;(h) There are light-density rail lines which may need to be railbanked so the right-of-way may be used for future rail or other transportation purposes; and(i) There may be a need for rail facility construction, including new connections between two or more existing rail lines, intermodal freight terminals, industrial sidings, and relocation of existing rail lines for the purpose of improving the quality and efficiency of rail freight service.(2) It is the intent of the Legislature, pursuant to the findings of subsection (1) of this section, to create a mechanism for the public purpose of acquiring, rehabilitating or improving, and operating light-density rail lines and providing light-density rail facility construction which will serve the public and will allow such mode of transportation to remain viable in the private and public sectors of the economy. The Legislature intends that such mechanism serve the public purpose by balancing the needs of carriers, shippers, and the public, promote adequate and efficient rail, highway, and county road transportation services, and increase the attractiveness of investing in light-density rail lines and rail-service-oriented enterprises relating to light-density rail line operations. The Legislature encourages efforts to restructure the light-density rail line system on an economically justified basis through financing mechanisms that will assure adequate acquisition, rehabilitation or improvement, operation, and construction of facilities.(3) The Legislature has identified approximately eight hundred thirty miles of light-density rail lines on which the benefits of expending public funds to maintain rail service potentially outweigh the associated costs.(4) The Legislature hereby declares that acquisition, rehabilitation or improvement, and operation of the light-density rail lines and construction of rail facilities in Nebraska through the encouragement of private investments and the use of federal and state funds is a public purpose and use for which public money provided by the sale of bonds and appropriations of the Legislature may be borrowed, expended, advanced, loaned, or granted. Such activity is a proper governmental function and can best be accomplished by the creation of a Nebraska Railway Council with the powers and duties specified in the Light-Density Rail Line Assistance Act. The necessity for the provisions of the act to protect the health, safety, and general economic welfare of all the people of this state is hereby declared as a matter of legislative determination. SourceLaws 1980, LB 507, § 1; Laws 1991, LB 783, § 1; Laws 1996, LB 463, § 1.