§ 76-705 — Acquisition of property; damages; petition of condemnee

Nebraska § 76-705

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

If any condemner shall have taken or damaged property for public use without instituting condemnation proceedings, the condemnee, in addition to any other available remedy, may file a petition with the county judge of the county where the property or some part thereof is situated to have the damages ascertained and determined.

Legislative History

Source: Laws 1951, c. 101, § 5, p. 453. Annotations: Under section 76-726(2), the court encompassed in the expression "the court having jurisdiction of a proceeding instituted by a condemnee under" this section includes the district court to which an appeal is taken under section 76-715. The provision in section 76-726(2) allowing an award of attorney fees when "(a) the court renders a judgment in favor of the condemnee or (b) a settlement is effected" authorizes the district court as well as the county court to award attorney fees upon the happening of either (a) or (b). Armstrong v. County of Dixon, 282 Neb. 623, 808 N.W.2d 37 (2011). For purposes of valuation, the date of the taking is deemed to be the date the condemner files its petition in condemnation in the county court, or the date wherein the condemner exercises dominion over, or appropriates an interest in, a person's private property for public use, whichever occurs first. Rose v. City of Lincoln, 234 Neb. 67, 449 N.W.2d 522 (1989). Section 76-701 et seq., R.R.S.1943, provides no specific statute of limitations; therefore the ten-year period in section 25-202, R.R.S.1943, applies in inverse condemnation proceedings. Krambeck v. City of Gretna, 198 Neb. 608, 254 N.W.2d 691 (1977). Where public building commission damaged and interfered with use of private sewer connections joining city sewers, held owners entitled to sue in tort or inverse condemnation. City of Omaha v. Matthews, 197 Neb. 323, 248 N.W.2d 761 (1977). The provision which permits a petition to condemn to be filed in the county court of the county where some part of the property is situated has reference to a tract some part of which lies in both counties. Grace Land & Cattle Co. v. Tri-State G. & T. Assn., Inc., 191 Neb. 663, 217 N.W.2d 184 (1974). Party seeking damages for interference with leasehold rights was precluded from bringing action by acceptance of compensation allowed by Legislature. State v. Nickel Grain Co., Inc., 182 Neb. 191, 153 N.W.2d 727 (1967). Right of owner of lot abutting on city street to institute proceedings for recovery of consequential damages raised but not decided. Hillerege v. City of Scottsbluff, 164 Neb. 560, 83 N.W.2d 76 (1957). This section includes compensation for property that is damaged, in addition to property that is taken. Russell v. Franklin County, 27 Neb. App. 684, 934 N.W.2d 517 (2019). A job is not the type of property for which inverse condemnation claims can be brought. Craw v. City of Lincoln, 24 Neb. App. 788, 899 N.W.2d 915 (2017).