70-306. Placement of lines; procedure.(1) Any electric wire shall be placed at least eighteen feet above all road crossings. Any electric poles and wires shall be so placed as not to interfere with the public use of such highways, and if practicable, the poles shall be set upon the line of such highways.(2) If any person engaged in distributing, generating, or transmitting electric current for power or other purposes by means of wires seeks to construct an electric wire over and across any railroad tracks, telegraph wires, or rights-of-way of any railroad company in this state and the electric wire intersects and crosses streets, highways, alleys, and other public thoroughfares, or elsewhere, such person and railroad company shall first endeavor to agree by a contract as to the manner and kind of crossing to be constructed. The contract shall at a minimum meet the requirements of sections 75-706 and 75-707 as to terms and conditions of such construction or placement and shall include the compensation, if any, to be awarded as damages. If no contract is reached, the person may proceed to have the same ascertained and determined in the manner set forth in sections 76-704 to include the compensation, if any, to be awarded as damages. If no contract is reached, the person may proceed to have the same ascertained and determined in the manner set forth in sections 76-704 to 76-724.Source Laws 1903, c. 117, § 1, p. 608; R.S.1913, § 7420; Laws 1917, c. 135, § 1, p. 320; Laws 1921, c. 259, § 1, p. 874; C.S.1922, § 7099; C.S.1929, § 86-303; Laws 1943, c. 231, § 2, p. 780; R.S.1943, § 86-306; Laws 1951, c. 101, § 125, p. 505; R.S.1943, (1999), § 86-306; Laws 2002, LB 1105, § 469. Annotations Wires at railroad crossing must be kept so they do not interfere with work of trainmen. Scherzer v. Lincoln Traction Co., 91 Neb. 407, 136 N.W. 62 (1912).
Nebraska Legal Code