Residents Still In Battle Over Railroad Crossing

When one transportation system infringes upon another, sometimes it is the commuter who loses the battle. Residents just west of Sidney are in that battle, again.

In December 2018, John and Kim Phillips addressed the Cheyenne County Commissioners regarding railroad traffic.

Their concern was when trains are stopped in such a way as to block the road to their home, they are literally landlocked. There is the possibility, although posted as trespassing, to use the Union Pacific right of way. However, the road is not passable to most vehicles in snow and rain.

Kim Phillips told the commissioners Monday they are still experiencing substantial delays from their home to Highway 30.

"I think we need to address it again," she said.

The problem is their neighborhood is a dead end road accessible from the south only. Phillips said on March 15, her husband John was unable to cross the railroad crossing for 2 ½ hours. Another resident of the area, Jim Pelster, reported he was delayed for about 30 minutes last week. Residents have documented significant delays when attempting to cross the tracks at the north side of Highway 30 on Cheyenne County Road 109 on Feb. 22 and 23, and March 15 and 19.

"We're talking about a safety factor here," said Cheyenne County Attorney Paul Schaub said Monday state statutes say it is unlawful to block a crossing, in a village or city. He said Nebraska Revised Statutes (NRS) leave railroad companies and employees nearly immune from wrong doing.

However, NRS 74-1337 also says a railroad company and the county board may negotiate changes, alterations, or construction of any crossing.

Monday the commissioners passed a resolution instructing Schaub to contact the Union Pacific verbally and by email.

In December, Union Pacific Railroad Senior Director of Communications and Media Relations said residents are encouraged to call the 24/7 Response Center at 1-888-877-7267 with complaints of train activity.