74-603 Fencing; duty; landowner may fence; cost.
74-603. Fencing; duty; landowner may fence; cost.Any person who owns land adjoining the right-of-way of any railroad and not within the limits of any town, village, or city who intends to enclose the land, or any part thereof, that adjoins such right-of-way with a fence may notify the railroad in writing of such intention and request the railroad to build a lawful fence as described in section 74-601 on the line between its railroad and the land intended to be enclosed. The notice shall specify two points on such line between which points the fence is requested to be erected and shall describe the land intended to be enclosed. The railroad shall, within six months after receiving such notice, cause the fence requested by such notice to be erected, and in case of a failure so to do, the party giving notice may cause such fence to be erected at a reasonable cost and collect such amount from the railroad. SourceLaws 1883, c. 62, § 1, p. 262; R.S.1913, § 6035; C.S.1922, § 5396; C.S.1929, § 74-601; R.S.1943, § 74-603; Laws 1994, LB 414, § 15. AnnotationsTo entitle one to recover the reasonable expense of erecting a fence along a railroad right-of-way, after the company failed to do so, he must show that the fence erected complies with the requirements of this section. Chicago, B. & Q. R.R. Co. v. Lyon, 50 Neb. 640, 70 N.W. 261 (1897).