76-704.01. Petition of condemner; contents.

212 words·~1 min read·/ne/chapter-76/76-704-01

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

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.

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).