§ 2-3234 — Districts; eminent domain; powers

Except as provided in sections 2-3226.11 and 2-3234.02 to 2-3234.09 , each district shall
have the power and authority to exercise the power of eminent domain when
necessary to carry out its authorized purposes within the limits of the district
or outside its boundaries. Exercise of eminent domain shall be governed by
the provisions of sections 76-704 to 76-724 , except that whenever any district
seeks to acquire the right to interfere with the use of any water being used
for power purposes in accordance with sections 46-204 , 70-668 , 70-669 , and 70-672 and is unable to agree with the user of such water upon the compensation
to be paid for such interference, the procedure to condemn property shall
be followed in the manner set forth in sections 76-704 to 76-724 and no other
property shall be included in such condemnation. No district shall contract
for delivery of water to persons within the corporate limits of any village,
city, or metropolitan utilities district, nor in competition therewith outside
such corporate limits, except by consent of and written agreement with the
governing body of such political subdivision. A village, city, or metropolitan
utilities district may negotiate and, if necessary, exercise the power of
eminent domain for the acquisition of water supply facilities of the district
which are within its boundaries.

Legislative History

Source: Laws 1969, c. 9, § 34, p. 122; Laws 1972, LB 543, § 12; Laws 1994, LB 480, § 13; Laws 1998, LB 896, § 8; Laws 1999, LB 436, § 8; Laws 2009, LB160, § 6; Laws 2010, LB1010, § 9.