§ 76-715.01 — Assessment of damages; appeal notice; contents; filing

Nebraska § 76-715.01

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

The party appealing from the award for assessment of damages by the appraisers in any eminent domain action shall, within thirty days of the filing of the award, file a notice of appeal with the court, specifying the parties taking the appeal and the award thereof appealed from, and shall serve a copy of the same upon all parties bound by the award or upon their attorneys of record. Service may be made by mail, and proof of such service shall be made by an affidavit of the appellant filed with the court within five days after the filing of the notice stating that such notice of appeal was duly mailed or that after diligent search the addresses of such persons or their attorneys of record are unknown.

Legislative History

Source: Laws 1965, c. 454, § 1, p. 1447; Laws 1987, LB 601, § 7. Annotations: The timely filing of an affidavit of service as required by this section is not jurisdictional, but instead is merely directory. As is stated by section 76-717, the act which confers jurisdiction on the district court in a condemnation action is the filing of the notice of appeal. Wooden v. County of Douglas, 275 Neb. 971, 751 N.W.2d 151 (2008). Timely notice of appeal is mandatory to all parties or their specific attorneys appearing in the action being appealed. Kracman v. Nebraska P. P. Dist., 197 Neb. 301, 248 N.W.2d 751 (1976). 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). The term all parties bound by the award refers: (1) In case the condemner is the appealing party, to the condemnee or condemnees from the award in favor of whom the condemner desires to take his appeal; or (2) in case a condemnee is the appealing party, it refers to the condemner. An appealing condemnee need not serve notice of appeal upon other condemnees. Grace Land & Cattle Co. v. Tri-State G. & T. Assn., Inc., 191 Neb. 663, 217 N.W.2d 184 (1974). Party appealing must file notice of appeal within thirty days of the filing of award and serve copy of same upon all parties bound by the award or their attorneys of record. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972). Party appealing from an award of appraisers in eminent domain proceeding must file notice of appeal within thirty days. Radil v. State, 182 Neb. 291, 154 N.W.2d 466 (1967). Timely filing of the affidavit of mailing notice is required. Wooden v. County of Douglas, 16 Neb. App. 336, 744 N.W.2d 262 (2008). Notice was satisfied when the address used was correct but included the wrong office designation and no evidence showed notice was not received. City of Lincoln v. MJM, Inc., 9 Neb. App. 715, 618 N.W.2d 710 (2000).