Nebraska § 76-710.04 Economic
development purpose; restriction on use of eminent domain

Nebraska Statutes

§ 76-710.04 — Economic development purpose; restriction on use of eminent domain

Nebraska § 76-710.04

Ch. 76Real Property

This text of Nebraska § 76-710.04 (Economic development purpose; restriction on use of eminent domain) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 76-710.04 (2026).

Text

(1)A condemner may not take property through the use of eminent domain under sections 76-704 to 76-724 if the taking is primarily for an economic development purpose.

(2)For purposes of this section, economic development purpose means taking property for subsequent use by a commercial for-profit enterprise or to increase tax revenue, tax base, employment, or general economic conditions.

(3)This section does not affect the use of eminent domain for:

(a)Public projects or private projects that make all or a major portion of the property available for use by the general public or for use as a right-of-way, aqueduct, pipeline, transmission line, or similar use;

(b)Removing harmful uses of property if such uses constitute an immediate threat to public health and safety;

(c)Leasing pro

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(1) A condemner may not take property through the use of eminent
domain under sections 76-704 to 76-724 if the taking is primarily for an economic
development purpose.
(2) For purposes of this section, economic development purpose
means taking property for subsequent use by a commercial for-profit enterprise
or to increase tax revenue, tax base, employment, or general economic conditions.
(3) This section does not affect the use of eminent domain
for:
(a) Public projects or private projects that make all or
a major portion of the property available for use by the general public or
for use as a right-of-way, aqueduct, pipeline, transmission line, or similar use;
(b) Removing harmful uses of property if such uses constitute
an immediate threat to public health and safety;
(c) Leasing property to a private person who occupies an
incidental part of public property or a public facility, such as a retail
establishment on the ground floor of a public building;
(d) Acquiring abandoned property;
(e) Clearing defective property title;
(f) Taking private property for use by a utility or railroad;
(g) Taking private property based upon a finding of blighted
or substandard conditions under the Community Development Law if the private
property is not agricultural land or horticultural land as defined in section 77-1359 ; and
(h) Taking
private property for a transmission line to serve a privately developed facility
generating electricity using wind, solar, biomass, or landfill gas. Nothing
in this subdivision shall be construed to grant the power of eminent domain
to a private entity.

Legislative History

Source: Laws 2006, LB 924, § 2; Laws 2010, LB1048, § 9. Cross References: Community Development Law, see section 18-2101. Annotations: This section does not prevent a city from acquiring private property for use as a deceleration lane on an existing public road for traffic control and safety purposes, even if the deceleration lane is contiguous to access to a retailer. City of Omaha v. Tract No. 1, 18 Neb. App. 247, 778 N.W.2d 122 (2010). This section prohibits the use of eminent domain only where its primary purpose is economic development, and not where economic development may be a collateral benefit. City of Omaha v. Tract No. 1, 18 Neb. App. 247, 778 N.W.2d 122 (2010).