Nebraska Revised Statutes

Neb. Rev. Stat. § 2-3234 (2026)

Districts; eminent domain; powers

✓ current as of July 2026

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Except as provided in sections 2-3226.11 and 2-3234.02 to 2-3234.09, each district shall have the power and authority to exercise the power of eminent domain when necessary to carry out its authorized purposes within the limits of the district or outside its boundaries. Exercise of eminent domain shall be governed by the provisions of sections 76-704 to 76-724, except that whenever any district seeks to acquire the right to interfere with the use of any water being used for power purposes in accordance with sections 46-204, 70-668, 70-669, and 70-672 and is unable to agree with the user of such water upon the compensation to be paid for such interference, the procedure to condemn property shall be followed in the manner set forth in sections 76-704 to 76-724 and no other property shall be included in such condemnation. No district shall contract for delivery of water to persons within the corporate limits of any village, city, or metropolitan utilities district, nor in competition therewith outside such corporate limits, except by consent of and written agreement with the governing body of such political subdivision. A village, city, or metropolitan utilities district may negotiate and, if necessary, exercise the power of eminent domain for the acquisition of water supply facilities of the district which are within its boundaries.

Notes of Decisions

Cited in 4 cases, 1977–2017 · leading case: Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017).

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Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017). · cites it 6× “The court recognized that pursuant to Neb. Rev. Stat. § 2-3234 (Reissue 2012), each of the NRD’s has the power of eminent domain.”

Kimco Addition, Inc. v. Lower Platte South Nat. Resources Dist., 440 N.W.2d 456 (Neb. 1989). · cites it 2× “A vice president of FirsTier testified that at the time it acquired the tract, neither it nor First Savings was aware that Lower Platte claimed an easement greater than 88 feet wide, as described in the then record. Thus, Kimco claims that it, as the assignee of FirsTier, is…”

Estermann v. Bose, 296 Neb. 228 (Neb. 2017). · cites it 6× “The court recognized that pursuant to Neb. Rev. Stat. § 2-3234 (Reissue 2012), each of the NRD’s has the power of eminent domain.”

Krauter v. Lower Big Blue Nat. Resources Dist., 259 N.W.2d 472 (Neb. 1977). · cites it 2× “Section 2-3234, R. R. S. 1943, provides in part: “Each district shall have the power and authority to exercise the power of eminent domain when necessary to carry out the purposes of this act within the limits of the district or outside its boundaries.”

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