Nebraska Revised Statute 74-1332
Crossings; jurisdiction of department.
The Department of Roads shall have jurisdiction over all crossings outside of incorporated villages, towns, and cities, both public and private, across, over, or under all railroads in the state, except as provided in sections 74-1338 to 74-1340, and shall adopt and promulgate such rules and regulations for the construction, repair, and maintenance of the crossings as the department deems adequate and sufficient for the protection and necessity of the public.
Laws 1963, c. 425, art. IV, § 10, p. 1401;
R.S.1943, (1996), § 75-410;
Laws 1997, LB 255, § 4.
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. The Nebraska Public Service Commission has no jurisdiction over crossings of railroads within incorporated villages, towns, and cities, except to provide regulations for the safety and convenience of the public. Davis-Moore Industrial Park v. Missouri Pacific Railroad Co., 210 Neb. 652, 316 N.W.2d 593 (1982).