46-251. Irrigation works; use of state lands and highways; grant; right-of-way; condemnation.

362 words·~2 min read·/ne/chapter-46/46-251

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

All persons desirous of constructing any of the works provided for in sections 46-244 to 46-250 shall have the right to occupy state lands and obtain right-of-way over and across any highway in this state for such purpose without compensation, except public school lands. All bridges or crossings over such ditches, laterals, and canals shall be constructed under the supervision of the Department of Transportation, if on a state highway, and under the supervision of the county board or governing body of a municipality, if on a highway under the jurisdiction of such board or governing body.

All such persons may obtain a right-of-way not to exceed sixteen feet in width, for a like purpose along, parallel to, and upon one side of any highway by condemnation proceedings where the same does not interfere with the proper drainage of such highway. In such cases the abutting landowner and the county may grant such right-of-way, or in case of their refusal notice shall be served upon them and proceedings had as in other cases. Not more than one such ditch or lateral shall be permitted along the side of the same highway.

Amendment of 1911 providing for acquisition of limited easement by irrigation district upon and along highway is not unconstitutional because of alleged defects in passage of act. County of Dawson v. South Side Irr. Co., 146 Neb. 512, 20 N.W.2d 387 (1945).

Damages recoverable in a condemnation proceeding must be based upon the value of the land in the condition it was at the time of the condemnation. In re Platte Valley Public Power & Irr. Dist., 137 Neb. 313, 289 N.W. 383 (1939).

Defendant district was authorized to condemn right-of-way for transmission lines across plaintiffs' lands irrespective of boundary lines. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937).

Slight temporary deviations from year to year in the course of a lateral irrigation ditch across a field do not affect an easement therein where the lateral has followed substantially the same course for more than the statutory period of ten years. Clark v. Meeker Ditch Co., 131 Neb. 506, 268 N.W. 344 (1936).