12-1111. Purposes for which eminent domain may be exercised Subject to the provisions of this title, the right of eminent domain may be exercised by the state, a county, city, town, village, or political subdivision, or by a person, for the following uses: 1. All public uses authorized by the government of the United States. […]
12-1112. Prerequisites to taking property by condemnation Except as provided by section 28-7102, before property may be taken, it shall appear that: 1. The use to which the property is to be applied is a use authorized by law. 2. The taking is necessary to such use. 3. If the property is already appropriated to […]
12-1113. Estates in land subject to condemnation The interests, estates and rights in lands subject to be taken for public use, are: 1. A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for […]
12-1114. Private property subject to condemnation Private property which may be taken includes: 1. All real property belonging to any person, including any and all water and water rights for the irrigation of any land condemned, belonging to or used in connection with the land for the irrigation thereof, with right of way for the […]
12-1114.01. Property of the United States subject to condemnation; duty of attorney general to file action; exclusions A. Property that may be taken under this article includes property possessed by the United States government unless: 1. The property was acquired by the federal government with the consent of the legislature pursuant to article I, section […]
12-1115. Right of state to enter and survey property for public use A. Where land is required for public use, the state, or its agents in charge of such use, may survey and locate the land, but it shall be located in the manner which will be most compatible with the greatest public good and […]
12-1116. Actions for condemnation; immediate possession; money deposit A. All actions for condemnation shall be brought as other civil actions in the superior court in the county in which the property is located except that, at least twenty days before filing an action for condemnation of property or any interest in property, the plaintiff shall […]
12-1117. Complaint The complaint shall set forth: 1. The name of the person asserting the public use for which the property is sought, as plaintiff. 2. The names of all owners and claimants of the property, if known, or a statement that they are unknown, as defendants. 3. A statement of the right of plaintiff. […]
12-1118. Joint or separate actions; consolidation A. All parcels lying in the county, and required for the same public use, may be included in the same or separate proceedings, at the election of plaintiff, but the court may consolidate or separate them for convenience of the parties. B. When application for condemnation of a right […]
12-1119. Summons; contents; service A. The clerk shall issue a summons containing: 1. The names of the parties. 2. A general description of the whole property. 3. A statement of the public use for which it is sought. 4. A reference to the complaint for descriptions of the respective parcels. 5. Notice to defendants to […]
12-1120. Right to defend action All persons occupying, or having or claiming an interest in any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend in respect to his property or interest, or that claimed by him, as if named in […]
12-1121. Powers of court; precedence A. The court may determine and regulate the place and manner of making connections and crossings or of enjoying the common use mentioned in paragraph 14 of section 12-1111. It shall hear and determine all adverse or conflicting claims to the property sought to be condemned and the claim of […]
12-1122. Ascertainment and assessment of value, damages and benefits A. The court or jury shall ascertain and assess: 1. The value of the property sought to be condemned and all improvements on the property pertaining to the realty, and of each and every separate estate or interest in the property, and if it consists of […]
12-1123. Accrual of right to compensation and damages; limitation A. For the purpose of assessing compensation and damages, the right to compensation and damages shall be deemed to accrue at the date of the summons, and its actual value at that date shall be the measure of compensation and damages. B. If there is an […]
12-1124. Payment of compensation; effect of failure to pay Payment of compensation and damages may be made to a defendant or defendants entitled thereto, or the money may be deposited in court and distributed to the defendant or defendants entitled thereto. At the time the money is paid or deposited, all unpaid property taxes which […]
12-1125. Payment of damages in proceedings by railroad A. If the property sought to be condemned is for a railroad, plaintiff shall, within thirty days after final judgment, pay the sum assessed, but may, before payment, elect to build fences and cattle guards. If plaintiff so elects, he shall execute and deliver to defendant a […]
12-1126. Final order of condemnation; recording; vesting of property A. When the final judgment has been satisfied and all unpaid property taxes which were levied as of the date of the order for immediate possession, including penalties and interest, on the property that is the subject of the condemnation action have been paid, the court […]
12-1127. Possession by plaintiff after judgment or pending appeal; receipt of payment as abandonment; custody of money paid into court; costs of new trial A. At any time after judgment is entered, or pending an appeal from the judgment to the supreme court, when plaintiff has paid into court for defendant or defendants the full […]
12-1128. Costs and jury fees A. Costs may be allowed or not, and if allowed may be apportioned between the parties on the same or adverse sides, in the discretion of the court. B. The jury fee may be assessed or not against the plaintiff, in the discretion of the court. If jury fees are […]
12-1129. Dismissal of condemnation action; litigation expenses A. If a plaintiff causes a condemnation action under this article to be dismissed without prejudice before payment of the compensation and damages awarded the defendant by the court or jury, the plaintiff shall not initiate any eminent domain proceeding with respect to the same property for the […]
