§ 76-715 — Assessment of damages; appeal; procedure

Nebraska § 76-715

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

Either condemner or condemnee may appeal from the assessment of damages by the appraisers to the district court of the county where the petition to initiate proceedings was filed. Such appeal shall be taken by filing a notice of appeal with the county judge within thirty days from the date of filing of the report of appraisers as provided in section 76-710 .

Legislative History

Source: Laws 1951, c. 101, § 15, p. 455. Annotations: Under section 76-726(2), the court encompassed in the expression "the court having jurisdiction of a proceeding instituted by a condemnee under section 76-705" includes the district court to which an appeal is taken under this section. 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). A party to an eminent domain proceeding who does not file a notice of appeal as required by this section does not maintain a valid cross-appeal such that it will prevent voluntary dismissal of the other party's appeal before final submission. Dawson v. Papio Nat. Resources Dist., 210 Neb. 100, 313 N.W.2d 242 (1981). The plaintiff's burden of proving the nature and extent of damages cannot be satisfied by evidence which is speculative and conjectural. Dawson v. Papio N.R.D., 206 Neb. 225, 292 N.W.2d 42 (1980). The filing and serving of notice of appeal herein provided is jurisdictional. Estate of Tetherow v. State, 193 Neb. 150, 226 N.W.2d 116 (1975). Requirements of this section are mandatory and jurisdictional. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972). It is mandatory and jurisdictional that notice of appeal be filed within the time required by statute; courts have no power to extend the time directly or indirectly. Friedman v. State, 183 Neb. 9, 157 N.W.2d 855 (1968). Notice of appeal must be filed within thirty days from date of filing of report of appraisers. Weiner v. State, 179 Neb. 297, 137 N.W.2d 852 (1965). Condemnees properly perfected appeal from county court to district court. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954). First step required on appeal is filing of notice. City of Seward v. Gruntorad, 158 Neb. 143, 62 N.W.2d 537 (1954).