reglab/housing_qa huggingface dataset:
NE Code § 76-704 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-704 - Petition of condemner.

76-704.  Petition of condemner.If any condemnee shall fail to agree with the condemner with respect to the acquisition of property sought by the condemner, a petition to condemn the property may be filed by the condemner in the county court of the county where the property or some part thereof is situated.Source  Laws 1951, c. 101, § 4, p. 453. Annotations  1. Failure to agree 2. Acquisition of property 1. Failure to agree It is essential that an attempt to agree with the owner of land shall first be made before institution of eminent domain proceedings. Prairie View Tel. Co. v. County of Cherry, 179 Neb. 382, 138 N.W.2d 468 (1965). Condemner must make bona fide attempt to agree with landowner with respect to acquisition of premises. State v. Mahloch, 174 Neb. 190, 116 N.W.2d 305 (1962). Failure to attempt to agree with landowner cannot be raised by injunction. Heppe v. State, 162 Neb. 403, 76 N.W.2d 255 (1956). Attempt to agree with owner on value of land to be taken is mandatory and jurisdictional. Higgins v. Loup River Public Power Dist., 157 Neb. 652, 61 N.W.2d 213 (1953). 2. Acquisition of property The language of the statute recognizes that more than one condemnee may have an interest in the real estate and these interests are separate and may be different in nature and so are to be severally treated. Grace Land & Cattle Co. v. Tri-State G. & T. Assn., Inc., 191 Neb. 663, 217 N.W.2d 184 (1974). This and subsequent sections provide uniform method of procedure to be followed in eminent domain actions. Connor v. City of Omaha, 185 Neb. 146, 174 N.W.2d 205 (1970). Eminent domain proceedings are authorized for acquisition of water rights. Hickman v. Loup River P. P. Dist., 173 Neb. 428, 113 N.W.2d 638 (1962). Procedure was provided for gas company to exercise power of eminent domain. City of Bayard v. North Central Gas Co., 164 Neb. 819, 83 N.W.2d 861 (1957). Damages to real estate are computable as of date of filing of condemnation petition. Platte Valley Public Power & Irr. Dist. v. Armstrong, 159 Neb. 609, 68 N.W.2d 200 (1955). Upon failure to agree, petition to condemn property may be filed by condemner. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954).
NE Code § 76-704.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-704.01 - Petition of condemner; contents.

76-704.01.  Petition of condemner; contents.A petition filed pursuant to section 76-704, shall include:(1) A statement of the authority for the acquisition;(2) The nature of and necessity and purpose for which the land will be used;(3) The title, right, or interest in the property to be acquired;(4) The quantity needed to fulfill the public purpose for which taken;(5) Reasons for selecting the particular location or route;(6) Evidence of attempts to negotiate in good faith with the property owner; and(7) If approval of any other agency is required the condemner should set forth the approval in writing of such agency.Source  Laws 1978, LB 917, § 6. Annotations  In order to satisfy subsection (6) of this section, there must be a good faith attempt to agree, consisting of an offer made in good faith and a reasonable effort to induce the owner to accept it. Camden v. Papio-Missouri River NRD, 22 Neb. App. 308, 854 N.W.2d 334 (2014). A condemnation petition must contain a statement of the authority for the acquisition. Krupicka v. Village of Dorchester, 19 Neb. App. 242, 804 N.W.2d 37 (2011). Evidence of attempts to negotiate in good faith with the property owner must appear on the face of a condemnation petition. Krupicka v. Village of Dorchester, 19 Neb. App. 242, 804 N.W.2d 37 (2011).
NE Code § 76-705 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-705 - Acquisition of property; damages; petition of condemnee.

76-705.  Acquisition of property; damages; petition of condemnee.If any condemner shall have taken or damaged property for public use without instituting condemnation proceedings, the condemnee, in addition to any other available remedy, may file a petition with the county judge of the county where the property or some part thereof is situated to have the damages ascertained and determined.Source  Laws 1951, c. 101, § 5, p. 453. Annotations  Under section 76-726(2), the court encompassed in the expression "the court having jurisdiction of a proceeding instituted by a condemnee under" this section includes the district court to which an appeal is taken under section 76-715. The provision in section 76-726(2) allowing an award of attorney fees when "(a) the court renders a judgment in favor of the condemnee or (b) a settlement is effected" authorizes the district court as well as the county court to award attorney fees upon the happening of either (a) or (b). Armstrong v. County of Dixon, 282 Neb. 623, 808 N.W.2d 37 (2011). For purposes of valuation, the date of the taking is deemed to be the date the condemner files its petition in condemnation in the county court, or the date wherein the condemner exercises dominion over, or appropriates an interest in, a person's private property for public use, whichever occurs first. Rose v. City of Lincoln, 234 Neb. 67, 449 N.W.2d 522 (1989). Section 76-701 et seq., R.R.S.1943, provides no specific statute of limitations; therefore the ten-year period in section 25-202, R.R.S.1943, applies in inverse condemnation proceedings. Krambeck v. City of Gretna, 198 Neb. 608, 254 N.W.2d 691 (1977). Where public building commission damaged and interfered with use of private sewer connections joining city sewers, held owners entitled to sue in tort or inverse condemnation. City of Omaha v. Matthews, 197 Neb. 323, 248 N.W.2d 761 (1977). The provision which permits a petition to condemn to be filed in the county court of the county where some part of the property is situated has reference to a tract some part of which lies in both counties. Grace Land & Cattle Co. v. Tri-State G. & T. Assn., Inc., 191 Neb. 663, 217 N.W.2d 184 (1974). Party seeking damages for interference with leasehold rights was precluded from bringing action by acceptance of compensation allowed by Legislature. State v. Nickel Grain Co., Inc., 182 Neb. 191, 153 N.W.2d 727 (1967). Right of owner of lot abutting on city street to institute proceedings for recovery of consequential damages raised but not decided. Hillerege v. City of Scottsbluff, 164 Neb. 560, 83 N.W.2d 76 (1957). This section includes compensation for property that is damaged, in addition to property that is taken. Russell v. Franklin County, 27 Neb. App. 684, 934 N.W.2d 517 (2019). A job is not the type of property for which inverse condemnation claims can be brought. Craw v. City of Lincoln, 24 Neb. App. 788, 899 N.W.2d 915 (2017).
NE Code § 76-706 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-706 - Appointment of appraisers; qualifications; notice to condemnee.

76-706.  Appointment of appraisers; qualifications; notice to condemnee.Upon filing of a petition under either section 76-704 or 76-705, the county judge or clerk magistrate, within three days by order entered of record, shall appoint three disinterested freeholders of the county, not interested in a like question, to serve as appraisers. One appraiser so appointed shall be a credentialed real property appraiser, except that if the county judge finds that no credentialed real property appraiser is a disinterested freeholder of the county, this requirement shall not apply. The county judge or clerk magistrate shall direct the sheriff to summon the appraisers so selected to convene at the office of the county judge at a time specified in the summons for the purpose of qualifying as appraisers and thereafter proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. Notice of intention to acquire the property and of the time and place of meeting of the board of appraisers to have the damages assessed shall be served upon the condemnee at least ten days prior to the meeting of the board of appraisers. Service of such notice shall be made in the manner provided for service of a summons in a civil action.Source   Laws 1951, c. 101, § 6, p. 453;   Laws 1976, LB 775, § 1;   Laws 1983, LB 447, § 87;   Laws 1987, LB 601, § 3;   Laws 1990, LB 1153, § 58;   Laws 1991, LB 203, § 4;   Laws 1994, LB 1107, § 4;  Laws 2006, LB 778, § 8. Annotations Validity of appointment of appraisers raised but not decided. Van Patten v. City of Omaha, 167 Neb. 741, 94 N.W.2d 664 (1959).
NE Code § 76-707 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-707 - Appraisers; disqualifications; vacancies; appointment.

76-707.  Appraisers; disqualifications; vacancies; appointment.Upon convening of the appraisers, the county judge shall interrogate the appraisers as to their qualifications and may excuse any appraiser found by the county judge to be disqualified to serve. The county judge may fill any vacancies arising through disqualification, inability to attend, or otherwise.Source  Laws 1951, c. 101, § 7, p. 454.
NE Code § 76-708 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-708 - Appraisers; oath.

76-708.  Appraisers; oath.The appraisers shall, before entering on their duties, take and subscribe an oath that they will support the Constitutions of the United States and of the State of Nebraska, and will faithfully and impartially discharge their duties as required by law.Source  Laws 1951, c. 101, § 8, p. 454.
NE Code § 76-709 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-709 - Appraisers; duties.

76-709.  Appraisers; duties.It shall be the duty of the appraisers to carefully inspect and view the property taken or sought to be taken, and also any other property of the condemnee damaged thereby. The appraisers shall hear any party interested therein in reference to the amount of damages when they are so inspecting and viewing the property.Source  Laws 1951, c. 101, § 9, p. 454.
NE Code § 76-710 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-710 - Appraisers; assessment of damages; additional damages; copy of report to condemnee; failure to transmit; effect.

76-710.  Appraisers; assessment of damages; additional damages; copy of report to condemnee; failure to transmit; effect.After the inspection, view, and hearing provided for in section 76-709 have been completed, the appraisers shall assess the damages that the condemnee has sustained or will sustain by the appropriation of the property to the use of the condemner and make and file a report thereof in writing with the court. In assessing such damages in cases in which the appropriation consists of taking an easement, the assessment of damages shall include damages for fences and crops destroyed or damaged by reason of the original construction of the improvement. Damage to fencing and crops occurring after the original construction and resulting from the operation or maintenance of the improvement shall not be included in such assessment but shall be determined by agreement of the parties and paid to the owner or lessee by the condemner or its successors and assigns at the time such fencing or crops are damaged. Upon failure of the parties to agree, such damages may be determined in the same manner as provided under sections 76-701 to 76-724. A copy of the appraisers' report shall be transmitted to the condemnee.The transmission shall be made by the court within ten days of the return of appraisers and shall be by personal delivery or the sending by ordinary mail of such copy to the condemnee, to the attorney representing the condemnee at the inspection, view, and hearing, or to the officer or representative of a corporate condemnee so present. When title or interest in a single parcel of land is held by several condemnees the transmission of such copy to any one of such owners of interest shall be considered compliance with such requirement. The court shall record in the files of the proceedings the date, the person, his or her interest, and the manner of such transmission. Failure of transmission shall not be jurisdictional but shall extend the condemnee's time of appeal to twenty days after such transmittal is finally made.Source   Laws 1951, c. 101, § 10, p. 454;   Laws 1969, c. 616, § 1, p. 2502;   Laws 1969, c. 617, § 1, p. 2503;   Laws 1987, LB 601, § 4.  Annotations  Transmission may be accomplished when the appraisers' report is sent to the transmittee by ordinary mail; there is no requirement that the transmittee actually receive the notice. Houska v. City of Wahoo, 235 Neb. 635, 456 N.W.2d 750 (1990). Damage to fencing and crops occurring after original construction and resulting from operation or maintenance of the improvement may be determined, in absence of agreement, in same manner as original damage. Regier v. Nebraska P. P. Dist., 189 Neb. 56, 199 N.W.2d 742 (1972).
NE Code § 76-710.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-710.01 - Damages; effect of reimbursement by federal government; severance damages; other considerations.

76-710.01.  Damages; effect of reimbursement by federal government; severance damages; other considerations.Where any condemner shall have taken or attempts to take property for public use, the damages for taking such property shall be determined according to the laws of this state irrespective of whether the condemner may be reimbursed for a part of such damage from the federal government and such damages shall include all compensable damages suffered by the condemnee including but not limited to reasonable severance damages and condemnee's abstracting expenses. In determining the amount of such severance damages, account shall be taken, together with other relevant factors, of the economic effect, if any, caused by the severance therefrom of the part taken or sought to be taken upon the whole of such property as a going concern as it will be and remain after the severance. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The provisions of this section shall apply to any case now or hereafter pending.Source   Laws 1959, c. 351, § 5, p. 1242;   Laws 1959, c. 352, § 1, p. 1242;   Laws 1963, c. 432, § 1, p. 1448;   Laws 1967, c. 482, § 1, p. 1493;   Laws 1972, LB 1448, § 4.  Annotations By its plain language, this section is not limited to severance damages. Mobeco Indus., Inc. v. City of Omaha, 257 Neb. 365, 598 N.W.2d 445 (1999).
NE Code § 76-710.02 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-710.02 - Land situated in irrigation district; damages payable to district.

76-710.02.  Land situated in irrigation district; damages payable to district.Whenever lands situated in an irrigation district are acquired by any condemner through eminent domain, and such lands at the time of their acquisition by any condemner, are irrigable and are being served or are capable of being served by facilities of the district to the same extent and in the same manner as lands of like character held under private ownership were served, the condemner, as part of the compensable damages of the acquisition and at the time of such acquisition, shall make a lump-sum payment to the irrigation district in an amount sufficient to:(1) Pay the pro rata share of the district's bonded indebtedness, if any, and the pro rata share of the district's contract indebtedness to the United States or to the State of Nebraska, if any, allocable to such lands, plus interest on such pro rata share in the event such indebtedness is not callable in advance of maturity;(2) Pay any deferred installments of local improvement district assessments against such lands, if any; and(3) Produce, if invested at an annual rate of interest equivalent to that set forth in current tables issued by the Director of Banking and Finance of the State of Nebraska, a sum of money equal to the annual increase in operation and maintenance costs against remaining lands in the district resulting from the severance from the district of the lands thus acquired by the condemner. For the purposes of determining the amount of such lump-sum payment, the annual maintenance and operation assessment of the district shall be considered to be the average for the ten years, or so many years as the district has assessment experience, if less than ten years, preceding the date of acquisition.Source  Laws 1969, c. 613, § 1, p. 2493.
NE Code § 76-710.03 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-710.03 - Land devoted to agricultural purposes; acquisition to construct power transmission lines; route selected.

76-710.03.  Land devoted to agricultural purposes; acquisition to construct power transmission lines; route selected.Whenever a condemner seeks to acquire lands or interest therein through eminent domain proceedings to construct power transmission lines through or over land devoted to agricultural purposes, such condemner shall be required to select a route along or following sections or one-half section lines unless such route cannot be followed without excessive and unreasonable costs to the condemner.Source  Laws 1978, LB 917, § 5.
NE Code § 76-710.04 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-710.04 - Economic development purpose; restriction on use of eminent domain.

76-710.04.  Economic development purpose; restriction on use of eminent domain.(1) A condemner may not take property through the use of eminent domain under sections 76-704 to 76-724 if the taking is primarily for an economic development purpose.(2) For purposes of this section, economic development purpose means taking property for subsequent use by a commercial for-profit enterprise or to increase tax revenue, tax base, employment, or general economic conditions.(3) This section does not affect the use of eminent domain for:(a) Public projects or private projects that make all or a major portion of the property available for use by the general public or for use as a right-of-way, aqueduct, pipeline, transmission line, or similar use;(b) Removing harmful uses of property if such uses constitute an immediate threat to public health and safety;(c) Leasing property to a private person who occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building;(d) Acquiring abandoned property;(e) Clearing defective property title;(f) Taking private property for use by a utility or railroad;(g) Taking private property based upon a finding of blighted or substandard conditions under the Community Development Law if the private property is not agricultural land or horticultural land as defined in section 77-1359; and(h) Taking private property for a transmission line to serve a privately developed facility generating electricity using wind, solar, biomass, or landfill gas. Nothing in this subdivision shall be construed to grant the power of eminent domain to a private entity.Source  Laws 2006, LB 924, § 2;  Laws 2010, LB1048, § 9. Cross References  Community Development Law, see section 18-2101.Annotations  This section does not prevent a city from acquiring private property for use as a deceleration lane on an existing public road for traffic control and safety purposes, even if the deceleration lane is contiguous to access to a retailer. City of Omaha v. Tract No. 1, 18 Neb. App. 247, 778 N.W.2d 122 (2010). This section prohibits the use of eminent domain only where its primary purpose is economic development, and not where economic development may be a collateral benefit. City of Omaha v. Tract No. 1, 18 Neb. App. 247, 778 N.W.2d 122 (2010).
NE Code § 76-712 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-712 - Condemnation award; certification; filing; state or federal-aid highways; failure to make deposit within sixty days; effect.

76-712.  Condemnation award; certification; filing; state or federal-aid highways; failure to make deposit within sixty days; effect.Upon deposit of the condemnation award, the court shall prepare and certify under seal a true copy thereof and shall transmit the same to the register of deeds of the county where any real estate or interest therein is condemned and to the county clerk of the county where personal property only is condemned. When real estate or personal property in two or more counties is condemned, a certified copy of the condemnation award shall be filed in each county where any property is situated. The amount of the condemnation award in all condemnation proceedings for the state highway system established by Chapter 39, article 13, or for any highway or urban extension thereof which is a part of the National System of Interstate and Defense Highways as defined in the Federal Aid Highway Act of 1956, and qualified for federal aid thereunder, shall be deposited with the court within sixty days from the filing of the appraisers' award. In such proceedings, if the condemner fails to make such deposit within sixty days from the filing of the appraisers' award, the condemner shall be deemed to have abandoned the condemnation proceeding.Source   Laws 1951, c. 101, § 12, p. 455;   Laws 1959, c. 351, § 2, p. 1240;   Laws 1961, c. 370, § 4, p. 1145;   Laws 1987, LB 601, § 6.  Annotations Where eminent domain proceeding was pending in which question of abandonment and its effect could be determined, action for declaratory judgment on claimed abandonment should have been dismissed. Zarybnicky v. County of Gage, 196 Neb. 210, 241 N.W.2d 834 (1976).
NE Code § 76-713 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-713 - Condemnation award; recording; effect.

76-713.  Condemnation award; recording; effect.The register of deeds shall record and index the certified copy of the condemnation award in the same manner as is provided for the recording of deeds in this state. The county clerk shall file a copy of the same when only personal property is concerned in the same manner as is provided for the filing of chattel mortgages. Such recording and filing shall have like force and effect as the recording of deeds or filing of chattel mortgages.Source  Laws 1951, c. 101, § 13, p. 455. Annotations Where eminent domain proceeding was pending in which question of abandonment and its effect could be determined, action for declaratory judgment on claimed abandonment should have been dismissed. Zarybnicky v. County of Gage, 196 Neb. 210, 241 N.W.2d 834 (1976).
NE Code § 76-714 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-714 - Condemnation; interest acquired; when effective.

76-714.  Condemnation; interest acquired; when effective.The interest in the property acquired by the condemner shall be such title, easement, right-of-way, or use as is expressly specified in or necessarily contemplated by the law granting to the condemner the right to exercise the power of eminent domain. The condemner shall not dispossess the condemnee until the condemner is ready to devote the property to a public use, and such title or interest as the condemner seeks to acquire shall not be complete until the property is put to the public use for which taken.Source  Laws 1951, c. 101, § 14, p. 455. Annotations  Condemnation by natural resources district limited to only property required for a present public purpose under existing present plan. Krauter v. Lower Big Blue Nat. Resources Dist., 199 Neb. 431, 259 N.W.2d 472 (1977). Where eminent domain proceeding was pending in which question of abandonment and its effect could be determined, action for declaratory judgment on claimed abandonment should have been dismissed. Zarybnicky v. County of Gage, 196 Neb. 210, 241 N.W.2d 834 (1976).