Nebraska § 74-307 - Roads, streams, or canals; crossings; conditions.
Full text of Nebraska Revised Statutes of Nebraska § 74-307 — Roads, streams, or canals; crossings; conditions., with citation guidance and answers to common questions.
§ 74-307. Roads, streams, or canals; crossings; conditions.
Any railroad may construct and carry its tracks across, over, or under any road, railroad, canal, stream, or watercourse when it may be necessary in the construction thereof. In such cases, the railroad shall construct its railroad crossings so as to not unnecessarily impede the travel, transportation, or navigation upon the road, railroad, canal, stream, or watercourse so crossed. The railroad may change the channel of any stream or watercourse whenever it may be necessary in the location, construction, or use of its road if it does not change the general course of the stream or watercourse or materially impair its usefulness.
Omission of word necessary in instruction to jury was not prejudicial. Sawyer v. Chicago, B. & Q. R. R. Co., 99 Neb. 294, 156 N.W. 504 (1916).
It is the duty of a railroad company when its right-of-way passes over a stream to so construct its roadbed as to carry off the waters of that stream. Chicago, R. I. & P. Ry. Co. v. Andreesen, 62 Neb. 456, 87 N.W. 167 (1901).
A railroad corporation, though authorized by law to construct its road across a stream, must do so with due regard for the rights of adjacent landowners, and is liable for damage to adjacent land if its bridge is so constructed as to cause water and ice to gorge and overflow such land. McCleneghan v. Omaha & R. V. R. R. Co., 25 Neb. 523, 41 N.W. 350 (1889), 13 A.S.R. 508 (1889).
Legislature may put the burden of repair of viaducts crossing several railroads upon one of the companies or apportion it among all as it sees fit. Chicago, B. & Q. R. R. Co. v. State of Nebraska ex rel. City of Omaha, 170 U.S. 57 (1898).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 74-307
What does Revised Statutes of Nebraska § 74-307 cover?
Section 74-307 ("Roads, streams, or canals; crossings; conditions.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 74-307?
A common citation format is "Revised Statutes of Nebraska § 74-307" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 74-307 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.