Nebraska § 46-125 - Surveys; acquisition of property; eminent domain; procedure; construction; powers of board.
Full text of Nebraska Revised Statutes of Nebraska § 46-125 — Surveys; acquisition of property; eminent domain; procedure; construction; powers of board., with citation guidance and answers to common questions.
§ 46-125. Surveys; acquisition of property; eminent domain; procedure; construction; powers of board.
The board, its agents, and employees shall have the right to enter upon any land within the district to make surveys, and may locate the line of any canal or canals and the necessary branches of such location. The board shall have the right to acquire, either by purchase or condemnation, all lands and waters and other property necessary for the construction, use, maintenance, repair, and improvement of any canal, canals, power plants of any kind or nature, and lands for reservoirs for the storage of water and all necessary appurtenances. The board shall have the right to acquire by purchase or condemnation any irrigation works, power plant, ditches, canals, or reservoirs already constructed for the use of the district. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. In case of purchase, the bonds of the district hereinafter provided for may be used at their par value in payment. The board may also construct the necessary dams, reservoirs, and works for the collection of water for the district, and do any lawful act necessary to be done that sufficient water may be furnished to each landowner in the district for irrigation purposes.
Irrigation district may acquire fee simple title under eminent domain. Burnett v. Central Neb. P. P. & I. Dist., 147 Neb. 458, 23 N.W.2d 661 (1946).
Mandamus is proper to compel district directors to provide landowners just share of water and supervise distribution. State ex rel. Clarke v. Gering Irr. Dist., 109 Neb. 642, 192 N.W. 212 (1923).
Board may acquire by purchase or condemnation all lands necessary for construction, use, maintenance, repair and improvement of its canals. Andrews v. Lillian Irr. Dist., 66 Neb. 458, 92 N.W. 612 (1902), 97 N.W. 336 (1903).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 46-125
What does Revised Statutes of Nebraska § 46-125 cover?
Section 46-125 ("Surveys; acquisition of property; eminent domain; procedure; construction; powers of board.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 46-125?
A common citation format is "Revised Statutes of Nebraska § 46-125" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 46-125 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.