19-704. Court of condemnation; award; appeal; procedure; effect of appeal.
435 words·~2 min read·
/ne/chapter-19/19-704A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Upon the determination and filing of a finding of the value of any plant, works, or system by a court of condemnation pursuant to sections 19-702 and 19-703 , the city or village shall then have the right and power by ordinance duly passed by the city council or village board of trustees to elect to abandon such condemnation proceedings. If such city or village does not elect to abandon such proceedings within ninety days after the finding and filing of value, then the person or corporation owning any such plant, works, or system may appeal from the finding of value and award by the court of condemnation to the district court by filing within twenty days from the expiration of such time given the city or village to exercise its rights of abandonment, with the city clerk of such city or the village clerk of such village, a bond, to be approved by such clerk, conditioned for the payment of all costs which may be made on any such appeal, and by filing in the district court, within ninety days after such bond is filed, a transcript of the proceedings before such court of condemnation including the evidence taken before it certified by the clerk, reporter, and judges of such court.
The appeal in the district court shall be tried and determined upon the pleadings, proceedings, and evidence embraced in such transcript. If such appeal is taken the city or village, upon tendering the amount of the value and award made by such court of condemnation, to the party owning any such plant, works, or system, shall, notwithstanding such appeal, have the right and power to take immediate possession of such plant, works, or system, and the city or village authorities, without vote of the people, shall have the power, if necessary, to issue and sell bonds of the city or village to provide funds to make such tender.
General obligation bonds were issued by city to tender amount of award. Talbott v. City of Lyons, 171 Neb. 186, 105 N.W.2d 918 (1960).
Bonds purporting to pledge revenue and earnings of electric light and power plant cannot be issued without vote of people. May v. City of Kearney, 145 Neb. 475, 17 N.W.2d 448 (1945).
Municipality is given ninety days after determination of value to abandon proceedings. Village of Walthill v. Iowa Electric L. & P. Co., 228 F.2d 647 (8th Cir. 1956).
Provision is made for making up and preservation of record of the hearing before court of condemnation. Kansas-Nebraska Nat. Gas Co. v. Village of Deshler, 192 F.Supp. 303 (D. Neb. 1960).