Nebraska Revised Statutes

Neb. Rev. Stat. § 70-650 (2026)

Plant and system; sale to city or village; when required; valuation and severance damages; procedure

✓ current as of July 2026

Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Whenever any public power district or public power and irrigation district shall, as herein provided, acquire, by purchase, lease, or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any city or village, if any part of such system be within such city or village, such acquisition shall be upon the condition that such city or village may purchase, and such district shall be required to sell to such city or village, such electric distribution system, situated within or partly within such city or village, but not within the corporate limits of any other city or village, by paying to such public power district or public power and irrigation district such sum as is fair and reasonable, including reasonable severance damages. If any city or village and such district shall fail to agree upon a price and terms for the sale of such property to such city or village, the procedure for determining such price and terms of sale, and for compelling such sale shall be the same as is provided by sections 19-701 to 19-706. In determining the amount of such severance damages, the court shall take into account, together with other relevant factors, the economic effect, if any, caused by the severance therefrom of the part taken upon the system as a going concern as it will be and remain after the severance. When the sum that is fair and reasonable shall have been determined as above provided, the court shall deduct therefrom and allow as a credit upon such sum an amount that bears the same proportion to such sum as the amount of the bonds that have been paid, redeemed or liquidated, and the reserves established therefor by said district, out of the earnings from the operation of the district while such city or village was within and a part of such district, bears to the total amount of the bonded indebtedness of such district issued to finance the purchase price and the cost of construction of the entire property of such district. In entering its award the court shall show how much of the total thereof was allowed for the physical property taken and how much was allowed for other values and damages, if any.

Notes of Decisions

Cited in 4 cases, 1945–2014 · leading case: Consumers Pub. Power Dist. v. Eldred, 22 N.W.2d 188 (Neb. 1946).

Sort: Relevance Newest Treatment

Consumers Pub. Power Dist. v. Eldred, 22 N.W.2d 188 (Neb. 1946). · cites it 14× “It contends that it is a public corporation and political subdivision within the meaning of Senate File 310 as amended and that the power to take property from it by eminent domain is found in and controlled by the provisions of section 70-650, R. S. 1943, the source of which…”

May v. City of Kearney, 17 N.W.2d 448 (Neb. 1945). · cites it 4× “ers Public Power District filed separate amended petitions in the district court for Buffalo county, Nebraska, to permanently enjoin defendant City of Kearney and its officials from issuing bonds for the purpose of raising money to tender an award made by a court of condemnation…”

Inslee v. City of Bridgeport, 45 N.W.2d 590 (Neb. 1951). · cites it 2× “The court said: “* * * it is imperative that the proposal shall name the persons in favor of whom an award may be assessed in order to render the condemnation valid as to them.”

SourceGas Distrib. v. City of Hastings, 287 Neb. 595 (Neb. 2014). · cites it 4× “Sections 19-701 through 19-707 and Neb. Rev. Stat. § 70-650 (Reissue 2009) are mentioned in § 76-703 and are not applicable to the facts of this case.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.