74-1335. Crossings; private; railroad; successor in interest; duties.
281 words·~1 min read·
/ne/chapter-74/74-1335A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section, successor in interest includes any agent, successor, assignee, trustee, receiver, or other person acquiring interests or rights in railroad land, including the owner or holder of any servient estate or right of reversion relating to railroad land.
(2)Whenever any person owns land on both sides of the right-of-way of any railroad or its successor in interest, such railroad or its successor in interest shall provide and keep in repair at least one adequate means for such landowner to cross the right-of-way. Any interested landowner with land on both sides of the right-of-way of any railroad or its successor in interest may file written complaint with the Department of Transportation against any such railroad or its successor in interest that the crossing is not adequate or is unsafe and dangerous to the life and property of those who use it, and the department thereupon shall make such investigation, hold such hearing, and issue such orders as it deems necessary, proper, and adequate. If circumstances warrant, the department may require overhead, underground, or grade crossings and wing fences at underground crossings or may require existing crossings to be relocated so as to be safe to those who use them, but when a special crossing involves an expenditure of more than one thousand five hundred dollars, the landowner shall bear one-half the expenses in excess of one thousand five hundred dollars.
Railroad was under duty to deceased truck driver, a member of crew repairing gas pipelines on farm property, to exercise reasonable care at private farm road crossing being used by decedent with permission of landowner. Kloewer v. Burlington Northern, Inc., 512 F.2d 300 (8th Cir. 1975).