§ 76-706 — Appointment of appraisers; qualifications; notice to condemnee

Upon filing of a petition under either section 76-704 or 76-705 , the county judge or clerk magistrate, within three days by order entered of record, shall appoint three disinterested freeholders of the county, not interested in a like question, to serve as appraisers. One appraiser so appointed shall be a credentialed real property appraiser, except that if the county judge finds that no credentialed real property appraiser is a disinterested freeholder of the county, this requirement shall not apply. The county judge or clerk magistrate shall direct the sheriff to summon the appraisers so selected to convene at the office of the county judge at a time specified in the summons for the purpose of qualifying as appraisers and thereafter proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. Notice of intention to acquire the property and of the time and place of meeting of the board of appraisers to have the damages assessed shall be served upon the condemnee at least ten days prior to the meeting of the board of appraisers. Service of such notice shall be made in the manner provided for service of a summons in a civil action.

Legislative History

Source: Laws 1951, c. 101, § 6, p. 453; Laws 1976, LB 775, § 1; Laws 1983, LB 447, § 87; Laws 1987, LB 601, § 3; Laws 1990, LB 1153, § 58; Laws 1991, LB 203, § 4; Laws 1994, LB 1107, § 4; Laws 2006, LB 778, § 8. Annotations: Validity of appointment of appraisers raised but not decided. Van Patten v. City of Omaha, 167 Neb. 741, 94 N.W.2d 664 (1959).