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fraserstryker

www.fraserstryker.com. NEBRASKA EMINENT DOMAIN PROCESS. Three Stages of Acquisition. Good Faith Negotiation Condemnation (concluding in possession) Appeal. Good faith negotiation is jurisdictional – an absolute prerequisite to exercising power of eminent domain

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  1. www.fraserstryker.com

  2. NEBRASKA EMINENT DOMAIN PROCESS

  3. Three Stages of Acquisition • Good Faith Negotiation • Condemnation (concluding in possession) • Appeal

  4. Good faith negotiation is jurisdictional – an absolute prerequisite to exercising power of eminent domain • What is good faith negotiation?

  5. Negotiation phase requirements for projects that involve more than ten individually owned parcels (NRS 25-2501) • Informational mailing at least 45 days before start of negotiations • Public hearing at least 30 days before start of negotiations

  6. CONDEMNATION

  7. Condemnation Steps • Condemner files Petition for Condemnation in County Court • County Court Appoints Three Person Board of Appraisers • Appraisers Conduct Viewing of Property and Hearing • Appraisers File Report with Court / Order Entered • Condemner deposits funds with Clerk of County Court

  8. “Possession is complete upon deposit.” • Either condemner or condemnee has right of appeal to district court, where issue of valuation will be determined by jury.

  9. 500 Energy Plaza | 409 South 17th Street | Omaha, NE 68102-2663 P (402) 341-6000 F (402) 341-8290 www.fraserstryker.com

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