Nebraska Railroad Museum defends property use near depot
NEBRASKA CITY - The Nebraska Railroad Museum has filed a brief in opposition to summary judgment in Nebraska City’s lawsuit claiming street right of way near the railroad tracks and the historic Burlington Northern Depot.
The city references an 1855 plat map to describe street right-of-way that the Nebraska Railroad Museum says the city has not accessed in over 150 years.
The museum says it plans to display historical archives and assets on its property, but the city responded with an ordinance prohibiting storage of railcars as a public nuisance.
The museum says the city’s right-of-way lawsuit opens “a new front in its campaign against the museum.”
The museum claims the city’s action does not meet the burden of proof regarding the legal description of property the city is claiming title to.
Brief: “Tellingly absent from the city’s production of title records was the production of any records explaining why, for example, a portion of the alleged Seventh Corso in Nebraska is concededly owned by the Museum, but another, wholly landlocked enclave of the same corso, is not.”
“… Again, the city has produced no records articulating how it developed the property descriptions.”
In addition, the museum says the city has not provided the 1855 plat map to the court.