NEBRASKA CITY – District Judge Julie Smith has ruled against Nebraska City in its lawsuit claiming it has ownership of portions of land recently given by the BNSF Railroad to the Nebraska Railroad Museum.

The judge said the city’s motion for summary judgment, claiming title of land dating back to 1855, contains "only conclusions and statements" that lack foundation to prove it has an interest in the land and agreements with railway companies.

In its brief to the court, the city argued that since it has never vacated any portion of platted street right-of-way that was conveyed in 2020 by BNSF, the railroad could not have given the land to the Nebraska Railroad Museum.

The judge says the city provides insufficient evidence to support its claim on  land that had been under railroad uses for 165 years.

 The city council held a closed session at its May 1 meeting regarding its lawsuit.