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1994 Nebraska Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagne0024 and id is 1 raw text is: DON STENBERG
Attorney General
STEVE GRASZ
SAM 9RIMMINCIE
Pputy Attorneys in
WAR'%N D. LICHT*
AssistanftAttorney General
Chie(Roads Section

OFFICE OF THE ATTORNEY GENERAL
STATE OF NEBRASKA
STATE HIGHWAY BUILDING
PO BOX 94759
LINCOLN NE 68509-4759
Telephone (402) 479-4611
FAX (402) 479-4325

ASSISTANT ATTORNEYS
GENERAL
Gary R. Welch
Robert G. Avey
John E. Brown
William J. Orester
Jeffery T. Schroeder
K. Osi Onyokwuluje

DATE,

SUBJECT*-
ZIEQtESTED BY:
WRITTEN BY:-

December 30, 1993

~-C~qooI
STATE OF NEBMSWA
OFFICIAL
JAN 4 1994
DEPT. OF JUSTICE

Legality of project under Light-Density Rail Line
Assistance Act.
Allan L. Abbott, Director-State Engineer,
Nebraska Department of Roads
Don Stenberg, Attorney General
Jeffery T. Schroeder, Assistant Attorney General

You have requested an Attorney General's opinion concerning
the legality of a project under the Light-Density Rail Line
Assistance Act, Neb. Rev. Stat. §. 74-1401 to 1429 (1992 Cum.
Supp.').  The  project  involves a   loan  of Federal Railroad
Administration funds for the repair -of flood damages on a light
density rail line. For the reasons stated below, we believe the
project is- legal.
The Project
The Nebraska Central Railroad Company (hereinafter Nebraska
central) is a railroad company authorized .to do business in
Webraska and has a 20-year lease from the Union Pacific Railroad
Company  (hereinafter  UP) on   a  48.6  mile  standard  gauge
light-density rail line located between Columbus and Norfolk,
Nebraska.  Nebraska Central does not own the real or personal
property on the line, but is responsible for the maintenance and
firation- f the -line. Another railroad, -the Chicago and North
Western Transportation Compa-y,. also has trackage rights over the
line   Nebraska Gentral began. operations as an interstate common
c-arier on.June 27, 1993.
On July 9, 1993, the Nebraska Central rail line was damaged
by flood waters.   Nebraska Central made repairs to the damaged

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