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Neb. Rev. Stat. § 74-608

Right-of-way; cover for wildlife; vegetation; exceptions

Applied in 1 court decision — leading case 213 F. Supp. 2d 1087 - Security First Bank v. Burlington Northern (2002)

Most recently applied in 213 F. Supp. 2d 1087 - Security First Bank v. Burlington Northern (August 2002)

Laws 1897, c. 17, § 1, p. 183; R.S.1913, § 6040; C.S.1922, § 5401; C.S.1929, § 74-606; R.S.1943, § 74-608; Laws 1959, c. 337, § 1, p. 1219; Laws 1969, c. 599, § 1, p. 2454; Laws…

In order to provide cover for wildlife, the vegetation other than noxious weeds within the fenced right-of-way of all railroads outside the corporate limits of any city or village in Nebraska shall not be destroyed, except that (1) such vegetation shall be destroyed from the space between points a distance of seven feet from the outside of each outermost rail each year between May 1 and August 15 or at such places as may be deemed necessary by the railroad for proper operation or maintenance and (2) the county board or board of supervisors of any county may, by written notice, direct any railroad to spray, mow, or otherwise treat specified portions of such fenced right-of-way to kill or destroy vegetation.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.