§ 76-704 — Petition of condemner

Nebraska § 76-704

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

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.

Legislative History

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).