§ 19-702 — Court of condemnation; members; hearing; parties; notice

If the election at which the question is submitted pursuant to section 19-701 is a special election and sixty percent of the votes cast upon such proposition are in favor thereof, or if the election at which the question is submitted is a general election and a majority of the votes cast upon such proposition are in favor thereof, then the city council or village board of trustees or officer possessing the power and duty to ascertain and declare the result of such election shall certify such result immediately to the Supreme Court. The Supreme Court shall, within thirty days after the receipt of such certificate, appoint three district judges from three of the judicial districts of the state, and such judges shall constitute a court of condemnation for the ascertainment and finding of the value of any such plant, works, or system, and the Supreme Court shall enter an order requiring such judges to attend as a court of condemnation at the county seat in which such city or village is located within such time as may be stated in such order. The district judges shall attend as ordered, and such court of condemnation shall organize and proceed with its duties. The court of condemnation may adjourn from time to time, and it shall fix a time for the appearance before it of all such corporations or persons as the court may deem necessary to be made parties to such condemnation proceedings or which the city, the village, or the corporation or persons owning any such plant, system, or works may desire to have made a party to such proceedings. If such time of appearance shall occur after any proceedings have begun, they shall be reviewed by the court, as it may direct, to give all parties full opportunity to be heard. All corporations or persons, including all mortgagees, bondholders, trustees for bondholders, and leaseholders, or any other party or person claiming any interest in or lien upon any such works, plant, or system may be made parties to such condemnation proceedings, and shall be served with notice of such proceedings and the time and place of the meeting of the court of condemnation in the same manner and for such length of time as the service of a summons in cases begun in the district court of the state, either by personal service or service by publication, and actual personal service of notice within or without the state shall supersede the necessity of notice by publication.

Legislative History

Source: Laws 1919, c. 188, § 2, p. 423; C.S.1922, § 4601; C.S.1929, § 19-702; Laws 1941, c. 26, § 2, p. 123; C.S.Supp.,1941, § 19-709; R.S.1943, § 19-702; Laws 2019, LB193, § 58. Annotations: Appointment of court of condemnation is a ministerial act and in no way enlarges jurisdiction of Supreme Court. Consumers Public Power Dist. v. City of Sidney, 144 Neb. 6, 12 N.W.2d 104 (1943). Appointment of members of condemnation court is a ministerial act only. Village of Walthill v. Iowa Electric L. & P. Co., 228 F.2d 647 (8th Cir. 1956). Where proposition is submitted at general election, a majority of votes cast at election is sufficient to carry the proposition. Central Electric & Gas Co. v. City of Stromsburg, 192 F.Supp. 280 (D. Neb. 1960).