12-1112. Prerequisites to taking property by condemnation
Except as provided by section 28-7102, before property may be taken, it shall appear that:
1. The use to which the property is to be applied is a use authorized by law.
2. The taking is necessary to such use.
3. If the property is already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.