18-602. Grade crossing projects; effect on railroads.

Grade crossing projects within the boundaries of a municipality shall be undertaken on a basis that will impose no involuntary contributions on the affected railroads except as provided by 23 U.S.C. 130(b) and (c), as such sections existed on January 1, 2021, and shall not interfere with the use of present railroad tracks without the consent of such railroads.

Source:Laws 1935, Spec. Sess., c. 34, § 2, p. 197; C.S.Supp.,1941, § 18-1902; R.S.1943, § 18-602; Laws 1947, c. 47, § 2, p. 166; Laws 2021, LB163, § 44.

Annotations

Where the primary purpose and effect of an improvement is to benefit the public, the improvement is not local though it may incidentally benefit property in the particular locality. Hinman v. Temple, 133 Neb. 268, 274 N.W. 605 (1937).