§ 70-670 — Eminent domain; procedure; duties of Attorney General; costs; certain property not subject to eminent domain

Nebraska § 70-670

• Jurisdiction: Nebraska
• Ch. 70: Power Districts and Corporations

Text

(1) In addition to any other rights and powers conferred upon any district organized under or subject to Chapter 70, article 6, each such district shall have and exercise the power of eminent domain to acquire from any person, firm, association, or private corporation any and all property owned, used, or operated, or useful for operation, in the generation, transmission, or distribution of electrical energy, including an existing electric utility system or any part thereof. The procedure to condemn property shall be exercised in the manner set forth in Chapter 76, article 7.
(2) In the case of the acquisition through the exercise of the power of eminent domain of an existing electric utility system or part thereof, the Attorney General shall, upon request of any district, represent such district in the institution and prosecution of condemnation proceedings. After acquisition of an existing electric utility system through the exercise of the power of eminent domain, the district shall reimburse the state for all costs and expenses incurred in the condemnation proceedings by the Attorney General.
(3) A district may agree to limit its exercise of the power of eminent domain to acquire a project which is a renewable energy generation facility producing electricity with wind and any related facilities.
(4) No property owned, used, or operated as part of a privately developed renewable energy generation facility meeting the requirements of section 70-1014.02 shall be subject to eminent domain by any consumer-owned electric supplier operating in the State of Nebraska.

Legislative History

Source: Laws 1933, c. 86, § 7, p. 349; Laws 1941, c. 138, § 1, p. 545; C.S.Supp.,1941, § 70-707; R.S.1943, § 70-670; Laws 1945, c. 157, § 5, p. 519; Laws 1951, c. 101, § 107, p. 497; Laws 1981, LB 181, § 33; Laws 2009, LB561, § 1; Laws 2016, LB824, § 1. Annotations: The authority of a public power district to acquire land for purposes outside of section 70-301 is governed by this section. This section refers to a power of eminent domain that is broader than section 70-301. This section permits a public power district to acquire "any and all property" to be utilized in the "generation, transmission, or distribution of electrical energy". SID No. 1 of Fillmore County v. Nebraska Pub. Power Dist., 253 Neb. 917, 573 N.W.2d 460 (1998). Eminent domain procedure act controls procedure. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954). Public power and irrigation districts have the same powers of eminent domain as irrigation companies. Burnett v. Central Neb. P. P. & I. Dist., 147 Neb. 458, 23 N.W.2d 661 (1946). Public power and irrigation district has right to exercise power of eminent domain in the acquisition of property. Snyder v. Platte Valley Public Power & Irr. Dist., 144 Neb. 308, 13 N.W.2d 160 (1944). Districts have power of eminent domain. State ex rel. Johnson v. Central Neb. P. P. & I. Dist., 140 Neb. 471, 300 N.W. 379 (1941).