Nebraska § 76-710 - Appraisers; assessment of damages; additional damages; copy of report to condemnee; failure to transmit; effect.

§ 76-710. Appraisers; assessment of damages; additional damages; copy of report to condemnee; failure to transmit; effect.

After the inspection, view, and hearing provided for in section 76-709 have been completed, the appraisers shall assess the damages that the condemnee has sustained or will sustain by the appropriation of the property to the use of the condemner and make and file a report thereof in writing with the court. In assessing such damages in cases in which the appropriation consists of taking an easement, the assessment of damages shall include damages for fences and crops destroyed or damaged by reason of the original construction of the improvement. Damage to fencing and crops occurring after the original construction and resulting from the operation or maintenance of the improvement shall not be included in such assessment but shall be determined by agreement of the parties and paid to the owner or lessee by the condemner or its successors and assigns at the time such fencing or crops are damaged. Upon failure of the parties to agree, such damages may be determined in the same manner as provided under sections 76-701 to 76-724. A copy of the appraisers' report shall be transmitted to the condemnee.

The transmission shall be made by the court within ten days of the return of appraisers and shall be by personal delivery or the sending by ordinary mail of such copy to the condemnee, to the attorney representing the condemnee at the inspection, view, and hearing, or to the officer or representative of a corporate condemnee so present. When title or interest in a single parcel of land is held by several condemnees the transmission of such copy to any one of such owners of interest shall be considered compliance with such requirement. The court shall record in the files of the proceedings the date, the person, his or her interest, and the manner of such transmission. Failure of transmission shall not be jurisdictional but shall extend the condemnee's time of appeal to twenty days after such transmittal is finally made.

Transmission may be accomplished when the appraisers' report is sent to the transmittee by ordinary mail; there is no requirement that the transmittee actually receive the notice. Houska v. City of Wahoo, 235 Neb. 635, 456 N.W.2d 750 (1990).

Damage to fencing and crops occurring after original construction and resulting from operation or maintenance of the improvement may be determined, in absence of agreement, in same manner as original damage. Regier v. Nebraska P. P. Dist., 189 Neb. 56, 199 N.W.2d 742 (1972).