Nebraska § 76-701 - Terms, defined.

§ 76-701. Terms, defined.

For purposes of sections 76-701 to 76-726:

(1) Condemner means any legal entity that by law has been granted the right to exercise the power of eminent domain and includes the state and any governmental or political subdivision thereof;

(2) Condemnee means any person, partnership, limited liability company, corporation, or association owning or having an encumbrance on any interest in property that is sought to be acquired by a condemner or in possession of or occupying any such property;

(3) Property means any such interest in real or personal property as the condemner is empowered by law to acquire for public use; and

(4) County judge means the county judge of the county where condemnation proceedings provided by such sections are had.

A public entity may be considered a "condemnee" under the eminent domain statutes. City of Waverly v. Hedrick, 283 Neb. 464, 810 N.W.2d 706 (2012).

One cannot "acquire" something one already has; therefore, a public entity cannot condemn its own property interest. City of Waverly v. Hedrick, 283 Neb. 464, 810 N.W.2d 706 (2012).

Where the condemnor has a pre-existing lien interest in the land being acquired by condemnation, it is appropriate for the district court to consider the question of a setoff from the award, in the amount of the lien, upon timely motion by the condemnor. City of Waverly v. Hedrick, 283 Neb. 464, 810 N.W.2d 706 (2012).

When a political subdivision with the power of eminent domain damages property for a public use, the property owner may seek damages in an action for tort, in an action for inverse condemnation under the provisions of sections 76-701 to 76-725, or in an action under the language of Neb. Const. Art. I, sec. 21. Slusarski v. County of Platte, 226 Neb. 889, 416 N.W.2d 213 (1987).

Although this action was not originally commenced under sections 76-701 to 76-725, all the parties and the court understood it to be an action for inverse condemnation. Therefore, the property owner is entitled to interest under the terms of those sections. A property owner is entitled to the same rights under sections 76-711 to 76-719.01 when property is taken outside the provisions of sections 76-701 to 76-725, R.R.S.1943, as when it is taken under the provisions of the latter sections. Danish Vennerforning & Old Peoples Home v. State, 205 Neb. 839, 290 N.W.2d 791 (1980).

An owner of land taken by the Department of Roads through eminent domain proceedings, who has been paid and has accepted the award of damages, cannot later attack the taking by a collateral action. Bishop v. Department of Roads, 205 Neb. 760, 290 N.W.2d 193 (1980).

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).

Mere option to purchase property is not an interest in real or personal property. Phillips Petroleum Co. v. City of Omaha, 171 Neb. 457, 106 N.W.2d 727 (1960).

Procedure is applicable to eminent domain proceedings by public power districts. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954).

Vacation of street is not analogous to an eminent domain proceeding. Hanson v. City of Omaha, 157 Neb. 403, 59 N.W.2d 622 (1953).