reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-602 - Terms, defined.

76-602.
Terms, defined.
For purposes of the Carbon Monoxide Safety Act:
(1) Carbon monoxide alarm means a device that detects carbon monoxide and that:
(a) Produces a distinct, audible alarm;
(b) Is listed by a nationally recognized, independent product-safety testing and certification laboratory to conform to the standards for carbon monoxide alarms issued by such laboratory as determined by the State Fire Marshal;
(c)(i) Is battery-powered;
(ii) Plugs into a dwelling's electrical outlet and has a battery backup;
(iii) Is wired into a dwelling's electrical system and has a battery backup; or
(iv) Is connected to an electrical system via an electrical panel; and
(d) May be combined with a smoke detecting device if the combined device complies with applicable law regarding both smoke detecting devices and carbon monoxide alarms and if the carbon monoxide alarm is distinct and descriptively annunciated from a smoke detecting alarm;
(2) Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation;
(3) Fuel means coal, kerosene, oil, fuel gases, or other petroleum products or hydrocarbon products such as wood that emit carbon monoxide as a byproduct of combustion;
(4) Installed means that a carbon monoxide alarm is installed in a dwelling unit in accordance with the National Fire Protection Association Standard 720 as such standard existed on January 1, 2015, and in accordance with the instructions for installation from the manufacturer, in one of the following ways:
(a) If the alarm is battery-powered, attached to the wall or ceiling of the dwelling unit;
(b) Directly plugged into an electrical outlet without a switch other than a circuit breaker; or
(c) Wired directly into the dwelling's electrical system;
(5) Multifamily dwelling means any improved real property used or intended to be used as a residence and that contains more than one dwelling unit. Multifamily dwelling includes a condominium or cooperative;
(6) Operational means working and in service in accordance with the manufacturer's instructions; and
(7) Single-family dwelling means any improved real property used or intended to be used as a residence and that contains one dwelling unit.
Source
Laws 2015, LB34, § 2.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-603 - Carbon monoxide alarm; installation required.

76-603.
Carbon monoxide alarm; installation required.
Any multifamily dwelling or single-family dwelling constructed on or after January 1, 2017, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall have a carbon monoxide alarm installed (1) on each habitable floor of each dwelling unit in a multifamily dwelling and on each habitable floor in a single-family dwelling or (2) in a location specified in any building code adopted by the state or by the political subdivision in which the dwelling is located.
Source
Laws 2015, LB34, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-604 - Seller of single-family dwelling; duties; interior alterations requiring permit; owner; duties.

76-604.
Seller of single-family dwelling; duties; interior alterations requiring permit; owner; duties.
(1) The seller of a single-family dwelling that is offered for sale or transfer on or after January 1, 2017, and that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall ensure that an operational carbon monoxide alarm is installed on each habitable floor of the dwelling or in a location specified in any building code adopted by the state or by the political subdivision in which the dwelling is located.
(2) If the owner of a single-family dwelling that has a fuel-fired heater or appliance, a fireplace, or an attached garage makes any interior alteration, repair, fuel-fired appliance replacement, or addition on or after January 1, 2017, where a permit is required, the owner shall ensure that an operational carbon monoxide alarm is installed on each habitable floor of the dwelling where the alteration, repair, replacement, or addition occurs or in a location specified in any building code adopted by the state or by the political subdivision in which the dwelling is located. This subsection applies only to interior alterations. This subsection does not apply to exterior alterations which require a building permit.
(3) No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
Source
Laws 2015, LB34, § 4.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-605 - Seller of multifamily dwelling; duties; interior alterations requiring permit; owner; duties; prohibited acts.

76-605.
Seller of multifamily dwelling; duties; interior alterations requiring permit; owner; duties; prohibited acts.
(1) The seller of a dwelling unit of an existing multifamily dwelling shall ensure that an operational carbon monoxide alarm is installed on each habitable floor of the dwelling unit or in a location specified in any building code adopted by the state or by the political subdivision in which the dwelling unit is located when the dwelling unit is offered for sale or transfer on or after January 1, 2017, if the dwelling unit has a fuel-fired heater or appliance, a fireplace, or an attached garage.
(2) The owner of a dwelling unit of a multifamily dwelling shall ensure that an operational carbon monoxide alarm is installed on each habitable floor of the dwelling unit or in a location specified in any building code adopted by the state or by the political subdivision in which the dwelling unit is located if the dwelling unit has a fuel-fired heater or appliance, a fireplace, or an attached garage and if the owner, on or after January 1, 2017, makes any of the following where a permit is required: Any interior alteration, repair, fuel-fired appliance replacement, or addition.
(3) No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
Source
Laws 2015, LB34, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-607 - Act; how construed.

76-607.
Act; how construed.
Nothing in the Carbon Monoxide Safety Act shall be construed to limit a city, village, or county from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent than the requirements set forth in the act.
Source
Laws 2015, LB34, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-702 - Condemner; enter upon land; inventory; furnish to condemnee.

76-702.
Condemner; enter upon land; inventory; furnish to condemnee.
After negotiations have failed, any condemner, or his representative, upon proper identification and after informing the condemnee of the contemplated action is authorized to enter upon any land for the purpose of examining and surveying same in contemplation of bringing or during the pendency of condemnation proceedings under sections 76-701 to 76-724;
Provided,
when an inventory is made of the damage to personal property by reason of examining or surveying the land by the condemner, or his representatives, a copy of the inventory shall be delivered to the condemnee.
Source
Laws 1951, c. 101, § 2, p. 452.
Annotations
The authority to enter land granted condemnors under this section for "examining and surveying" prescribes activities far less intrusive than the drilling and sample gathering for geotechnical studies proposed by the plaintiff. Burlington Northern and Santa Fe Ry. Co. v. Chaulk, 262 Neb. 235, 631 N.W.2d 131 (2001).
Failure to attempt to agree with landowner cannot be raised by injunction. Heppe v. State, 162 Neb. 403, 76 N.W.2d 255 (1956).
Requirement in previous law that attempt be made to agree with owner was not changed. Higgins v. Loup River Public Power Dist., 157 Neb. 652, 61 N.W.2d 213 (1953).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-703 - Damages; ascertainment; procedure.

76-703.
Damages; ascertainment; procedure.
Damages to be paid by the condemner for any property including parts of or easements across rights-of-way of a public utility or a railroad taken through the exercise of the power of eminent domain shall be ascertained and determined as provided in sections 76-704 to 76-724, except that if it is sought to condemn the property, or such part thereof as will result in a decrease in the territory or volume of service, of a public utility engaged in the rendition of existing service, such damages shall be ascertained and determined as provided in sections 19-701 to 19-707 and 70-650 or the Municipal Natural Gas System Condemnation Act, when applicable.
Source
Laws 1951, c. 101, § 3, p. 453;
Laws 1961, c. 181, § 11, p. 543;
Laws 2002, LB 384, § 31.
Cross References
Municipal Natural Gas System Condemnation Act, see section 19-4624.
Property of a public utility engaged in the rendition of existing service:
Cities of the metropolitan class, see section 14-376.
Cities of the primary, first, and second classes and villages, see sections 19-701 to 19-707.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-715 - Assessment of damages; appeal; procedure.

76-715.
Assessment of damages; appeal; procedure.
Either condemner or condemnee may appeal from the assessment of damages by the appraisers to the district court of the county where the petition to initiate proceedings was filed. Such appeal shall be taken by filing a notice of appeal with the county judge within thirty days from the date of filing of the report of appraisers as provided in section 76-710.
Source
Laws 1951, c. 101, § 15, p. 455.
Annotations
Under section 76-726(2), the court encompassed in the expression "the court having jurisdiction of a proceeding instituted by a condemnee under section 76-705" includes the district court to which an appeal is taken under this section. 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).
A party to an eminent domain proceeding who does not file a notice of appeal as required by this section does not maintain a valid cross-appeal such that it will prevent voluntary dismissal of the other party's appeal before final submission. Dawson v. Papio Nat. Resources Dist., 210 Neb. 100, 313 N.W.2d 242 (1981).
The plaintiff's burden of proving the nature and extent of damages cannot be satisfied by evidence which is speculative and conjectural. Dawson v. Papio N.R.D., 206 Neb. 225, 292 N.W.2d 42 (1980).
The filing and serving of notice of appeal herein provided is jurisdictional. Estate of Tetherow v. State, 193 Neb. 150, 226 N.W.2d 116 (1975).
Requirements of this section are mandatory and jurisdictional. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972).
It is mandatory and jurisdictional that notice of appeal be filed within the time required by statute; courts have no power to extend the time directly or indirectly. Friedman v. State, 183 Neb. 9, 157 N.W.2d 855 (1968).
Notice of appeal must be filed within thirty days from date of filing of report of appraisers. Weiner v. State, 179 Neb. 297, 137 N.W.2d 852 (1965).
Condemnees properly perfected appeal from county court to district court. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954).
First step required on appeal is filing of notice. City of Seward v. Gruntorad, 158 Neb. 143, 62 N.W.2d 537 (1954).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-715.01 - Assessment of damages; appeal notice; contents; filing.

76-715.01.
Assessment of damages; appeal notice; contents; filing.
The party appealing from the award for assessment of damages by the appraisers in any eminent domain action shall, within thirty days of the filing of the award, file a notice of appeal with the court, specifying the parties taking the appeal and the award thereof appealed from, and shall serve a copy of the same upon all parties bound by the award or upon their attorneys of record. Service may be made by mail, and proof of such service shall be made by an affidavit of the appellant filed with the court within five days after the filing of the notice stating that such notice of appeal was duly mailed or that after diligent search the addresses of such persons or their attorneys of record are unknown.
Source
Laws 1965, c. 454, § 1, p. 1447;
Laws 1987, LB 601, § 7.
Annotations
The timely filing of an affidavit of service as required by this section is not jurisdictional, but instead is merely directory. As is stated by section 76-717, the act which confers jurisdiction on the district court in a condemnation action is the filing of the notice of appeal. Wooden v. County of Douglas, 275 Neb. 971, 751 N.W.2d 151 (2008).
Timely notice of appeal is mandatory to all parties or their specific attorneys appearing in the action being appealed. Kracman v. Nebraska P. P. Dist., 197 Neb. 301, 248 N.W.2d 751 (1976).
The filing and serving of notice of appeal herein provided is jurisdictional. Estate of Tetherow v. State, 193 Neb. 150, 226 N.W.2d 116 (1975).
The term all parties bound by the award refers: (1) In case the condemner is the appealing party, to the condemnee or condemnees from the award in favor of whom the condemner desires to take his appeal; or (2) in case a condemnee is the appealing party, it refers to the condemner. An appealing condemnee need not serve notice of appeal upon other condemnees. Grace Land & Cattle Co. v. Tri-State G. & T. Assn., Inc., 191 Neb. 663, 217 N.W.2d 184 (1974).
Party appealing must file notice of appeal within thirty days of the filing of award and serve copy of same upon all parties bound by the award or their attorneys of record. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972).
Party appealing from an award of appraisers in eminent domain proceeding must file notice of appeal within thirty days. Radil v. State, 182 Neb. 291, 154 N.W.2d 466 (1967).
Timely filing of the affidavit of mailing notice is required. Wooden v. County of Douglas, 16 Neb. App. 336, 744 N.W.2d 262 (2008).
Notice was satisfied when the address used was correct but included the wrong office designation and no evidence showed notice was not received. City of Lincoln v. MJM, Inc., 9 Neb. App. 715, 618 N.W.2d 710 (2000).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-716 - Appeal; bond; conditions.

76-716.
Appeal; bond; conditions.
The party appealing shall also, at the time of filing of notice of appeal, enter into an undertaking, with at least one good and sufficient surety, to be approved by the county judge conditioned (1) that the appellant will prosecute such appeal to effect without unnecessary delays, and (2) that if judgment be rendered against appellant on the appeal, the appellant will satisfy whatever judgment may be rendered against him.
Source
Laws 1951, c. 101, § 16, p. 456.
Annotations
Case involving this section held inapplicable in matter dealing with failure to mail copies of published notice in probate. Fischer v. Lingle, 195 Neb. 108, 237 N.W.2d 110 (1975).
The execution and approval of undertaking required hereby is directory only and cited cases to the contrary are overruled. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972).
Party appealing from award of appraisers in eminent domain proceeding is required to enter into specified undertaking. Radil v. State, 182 Neb. 291, 154 N.W.2d 466 (1967).
Party taking cross-appeal must file an appeal bond. Gebhart v. Tri-State Generation & Transmission Assn., 181 Neb. 457, 149 N.W.2d 41 (1967).
This section provides the procedure upon appeal for determination of value of improvements on school land upon expiration of lease. O'Neil v. Haarberg, 179 Neb. 531, 139 N.W.2d 217 (1966).
Defective appeal bond which was filed in time conferred jurisdiction and was subject to amendment. Jacobitz v. Bussinger, 179 Neb. 524, 138 N.W.2d 839 (1965).
Not applicable to appeals taken before act became effective. Rath v. Sanitary District No. One, 156 Neb. 444, 56 N.W.2d 741 (1953).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-718 - Judgment on appeal; certified copy sent to county judge.

76-718.
Judgment on appeal; certified copy sent to county judge.
After entry of final judgment in the district court on the appeal, a certified copy thereof shall be prepared and transmitted by the clerk of the district court to the county judge.
Source
Laws 1951, c. 101, § 18, p. 456;
Laws 2000, LB 921, § 36.
Annotations
Clerk of district court is required to certify and transmit to county judge a certified copy of final judgment rendered on appeal. Blecha v. School Dist. of Hebron, 173 Neb. 183, 112 N.W.2d 783 (1962).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-719 - Appeal from district court; procedure; money on deposit; disposition.

76-719.
Appeal from district court; procedure; money on deposit; disposition.
Either condemner or condemnee may appeal from the judgment of the district court to the Court of Appeals in the manner provided by law for taking an appeal in a civil action. In case an appeal is taken either to the district court or the Court of Appeals, any money deposited by the condemner shall remain in the hands of the county judge until a final judgment is rendered except as provided in section 76-719.01.
Source
Laws 1951, c. 101, § 19, p. 456;
Laws 1959, c. 351, § 3, p. 1241;
Laws 1991, LB 732, § 137.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-720.01 - Appeal; allowance of fees and costs; applicable to pending cases.

76-720.01.
Appeal; allowance of fees and costs; applicable to pending cases.
The provisions of section 76-720 shall apply to any case now or hereafter pending on appeal from the award of the appraisers as provided in section 76-710.
Source
Laws 1963, c. 432, § 3, p. 1449.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-721 - Joinder of causes of action on appeal.

76-721.
Joinder of causes of action on appeal.
Assessments made for property taken and damaged by the same condemner upon and through different property belonging to the same condemnee or condemnees may be joined in one appeal, and proceeded with in the appellate court as separate counts joined in one action for damages to such property.
Source
Laws 1951, c. 101, § 21, p. 457.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-723 - Appraisers; fees; appeal; costs; mileage.

76-723.
Appraisers; fees; appeal; costs; mileage.
The appraisers shall each receive a reasonable fee for their services, to be fixed by the county judge or clerk magistrate, and the same shall be taxed as costs. The fee shall not exceed four hundred twenty-five dollars for each appraiser exclusive of mileage for each day actually employed in attendance on the board of appraisers. The condemner may appeal from the allowance of any fee so fixed to the district court. Such an appeal shall be filed apart from and shall be considered separately and independently from the rights between the condemnee and condemner. All costs of the first appraisement shall be paid by the condemner. In addition, the appraiser shall receive mileage at the rate provided in section 81-1176 for each mile necessarily traveled.
Source
Laws 1951, c. 101, § 23, p. 457;
Laws 1961, c. 371, § 1, p. 1146;
Laws 1963, c. 431, § 2, p. 1447;
Laws 1987, LB 601, § 8;
Laws 1991, LB 303, § 1;
Laws 1999, LB 102, § 1;
Laws 2018, LB193, § 90.
Annotations
Appraisers' fees and court costs, payable by the condemner, are not "liabilities created by statute" within the meaning of section 25-206, R.R.S.1943. Krambeck v. City of Gretna, 198 Neb. 608, 254 N.W.2d 691 (1977).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-724 - Property of minor, mentally incompetent person, married person whose spouse is under guardianship or conservatorship; authority of guardian or conservator.

76-724.
Property of minor, mentally incompetent person, married person whose spouse is under guardianship or conservatorship; authority of guardian or conservator.
Notwithstanding any more general or special law respecting sale or conveyance of lands, real estate, real or personal property, or any interests therein now or hereafter owned by any minor, mentally incompetent person, any married person whose spouse is under guardianship or conservatorship, or any persons under conservatorship, the guardian of such minor or mentally incompetent person, such married person with the guardian of such spouse, the conservator of such persons, or any married person with the conservator of such spouse may execute deeds or other instruments for the conveyance of any lands, real or personal property, or any interests therein of such minors, mentally incompetent persons under guardianship, or such persons under conservatorship to the condemner for public purposes upon payment of just compensation by the condemner or, in the event of condemnation, may agree and settle with the condemner for all damages or claims by reason of the taking of the property and may give valid releases and discharges therefor.
Source
Laws 1951, c. 101, § 24, p. 457;
Laws 1967, c. 482, § 2, p. 1494;
Laws 1986, LB 1177, § 32.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-725 - State; lands necessary for state use; right of eminent domain; procedure.

76-725.
State; lands necessary for state use; right of eminent domain; procedure.
The State of Nebraska may acquire, by eminent domain, lands necessary for any state use. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1913, c. 9, § 1, p. 69;
R.S.1913, § 7389;
Laws 1921, c. 264, § 1, p. 883;
C.S.1922, § 7064;
C.S.1929, § 83-1601;
R.S.1943, § 83-601;
Laws 1951, c. 101, § 121, p. 504;
R.R.S.1943, § 83-601.
Annotations
A mortgagee is a necessary party in an action to condemn real estate for public use of the state. Northwestern Mutual Life Ins. Co. v. Nordhues, 129 Neb. 379, 261 N.W. 687 (1935).
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-803 - Condominium property regime; established.

76-803.
Condominium property regime; established.
Whenever a sole owner or the co-owners of property expressly declare, through the recordation of a master deed, which shall set forth the particulars enumerated in section 76-809, their desire to submit their property to the regime established by sections 76-801 to 76-823, there shall thereby be established a condominium property regime.
Source
Laws 1963, c. 429, § 3, p. 1437;
Laws 1974, LB 730, § 2.