14-376. Public utilities; acquisition by eminent domain; procedure.
345 words·~2 min read·
/ne/chapter-14/14-376A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever the qualified electors of any city of the metropolitan class vote at any general or special election to acquire and appropriate by an exercise of the power of eminent domain, any waterworks, waterworks system, gas plant, electric light plant, electric light and power plant, street railway, or street railway system, located or operating within or partly within and partly without such city if the main part of such works, plant, or system be within such city and even though a franchise for the construction and operation of such works, plant, or system may or may not have expired, then the city shall have the power and authority by an exercise of the power of eminent domain to appropriate and acquire for the public use of the city, such works, plant, or system.
The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724 . The city council shall have the power to submit such question or proposition to the qualified electors of the city at any general election or at any special city election and may submit such proposition in connection with any city special election called for any other purpose, and the votes cast on such question shall be canvassed and the result found and declared as in any general election for the election of elective officers of the city.
The city council shall submit such question at any such election whenever a petition asking for such submission is signed by the legal voters of the city equaling in number fifteen percent of the votes cast at the last general election for the election of elective officers of the city, and is filed in the city clerk's office at least fifteen days before the election at which the submission is asked.
Act, of which this section was part, sustained as constitutional against contention that appointment by Supreme Court of board of appraisers violated constitutional provisions as to separation of powers of government. In re Appraisement of Omaha Gas Plant, 102 Neb. 782, 169 N.W. 725 (1918).