Petition of condemner; contents.

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76-704.01. Petition of condemner; contents.

A petition filed pursuant to section 76-704, shall include:

(1) A statement of the authority for the acquisition;

(2) The nature of and necessity and purpose for which the land will be used;

(3) The title, right, or interest in the property to be acquired;

(4) The quantity needed to fulfill the public purpose for which taken;

(5) Reasons for selecting the particular location or route;

(6) Evidence of attempts to negotiate in good faith with the property owner; and

(7) If approval of any other agency is required the condemner should set forth the approval in writing of such agency.

Source

  • Laws 1978, LB 917, § 6.

Annotations

  • In order to satisfy subsection (6) of this section, there must be a good faith attempt to agree, consisting of an offer made in good faith and a reasonable effort to induce the owner to accept it. Camden v. Papio-Missouri River NRD, 22 Neb. App. 308, 854 N.W.2d 334 (2014).

  • A condemnation petition must contain a statement of the authority for the acquisition. Krupicka v. Village of Dorchester, 19 Neb. App. 242, 804 N.W.2d 37 (2011).

  • Evidence of attempts to negotiate in good faith with the property owner must appear on the face of a condemnation petition. Krupicka v. Village of Dorchester, 19 Neb. App. 242, 804 N.W.2d 37 (2011).


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