§ 46-246 — Ditches, dams, or similar works; construction; right of eminent domain

Nebraska § 46-246

• Jurisdiction: Nebraska
• Ch. 46: Irrigation and Regulation of Water

Text

All persons desirous of constructing a ditch, building a dam or dams for the purpose of storing water for irrigation, evaporation, and water power purposes, or conveying water to be applied to domestic, agricultural or any other beneficial use, or any dam, dike, reservoir, wasteway, subterranean gallery, filtering wells or other works for collecting, cleansing, filtering, retaining or storing water for any such use, or to enlarge any such ditch, conduit or waterworks, or to change the course thereof in any place, or to relocate the headgate or to change the point at which the water is to be taken into such canal or other waterworks, or to enlarge any ditch, canal or other works, or to construct any ditch, or to lay pipes or conduits for conveying or distributing water so collected or stored to the place of using the same, or to set, place or construct a wheel, pump, machine or apparatus for raising water out of any stream, lake, pond or well so that the same may flow or be conveyed to the place of using or storing the same, and who shall be unable to agree with the owner or claimant of any lands necessary to be taken for the site of any such works or any part thereof, touching the compensation and damages, shall be entitled to condemn the right-of-way over or through the lands of others, for any and all such purposes.

Legislative History

Source: Laws 1919, c. 190, tit. VII, art. V, div. 3, § 2, p. 846; C.S.1922, § 8452; C.S.1929, § 46-602; R.S.1943, § 46-246. Annotations: A public power and irrigation district is given the power of condemnation by procedure in the county where the lands are situated if the owners of land object to construction. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 140 Neb. 471, 300 N.W. 379 (1941). Damages recoverable in a condemnation proceeding must be based upon the value of the land in the condition it was at the time of the condemnation. In re Platte Valley Public Power & Irr. Dist., 137 Neb. 313, 289 N.W. 383 (1939). Defendant district was authorized to condemn right-of-way for transmission lines across plaintiffs' lands irrespective of boundary lines. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937). Individual does not have right of eminent domain for irrigation of his own land. Onstott v. Airdale Ranch & Cattle Co., 129 Neb. 54, 260 N.W. 556 (1935). Public power and irrigation districts are not authorized to take private property for public purposes without just compensation. State ex rel. Loseke v. Fricke, 126 Neb. 736, 254 N.W. 409 (1934). Right of eminent domain conferred on corporations generating electrical energy by appropriation of public waters is valuable franchise right which may be taxed. Northern Nebraska Power Co. v. Holt County, 120 Neb. 724, 235 N.W. 92 (1931). Condemnation proceedings are maintainable for rights-of-way for irrigation or water power purposes. Blue River Power Co. v. Hronik, 112 Neb. 500, 199 N.W. 788 (1924). General rule as to damages in condemnation proceedings applies to taking of land for right-of-way by irrigation district. Farmers Irr. Dist. v. Calkins, 104 Neb. 196, 176 N.W. 367 (1920).