Neb. Rev. Stat. » Chapter 76
Nebraska Revised Statutes

Neb. Rev. Stat. § 76-702 (2026)

Condemner; enter upon land; inventory; furnish to condemnee

✓ current as of July 2026
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After negotiations have failed, any condemner, or his representative, upon proper identification and after informing the condemnee of the contemplated action is authorized to enter upon any land for the purpose of examining and surveying same in contemplation of bringing or during the pendency of condemnation proceedings under sections 76-701 to 76-724; Provided, when an inventory is made of the damage to personal property by reason of examining or surveying the land by the condemner, or his representatives, a copy of the inventory shall be delivered to the condemnee.

Notes of Decisions
Cited in 8 cases, 1953–2002 · leading case: Burlington N. & Santa Fe Ry. Co. v. Chaulk, 631 N.W.2d 131 (Neb. 2001).
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Burlington N. & Santa Fe Ry. Co. v. Chaulk, 631 N.W.2d 131 (Neb. 2001). · cites it 30× “In its petition filed pursuant to Neb. Rev. Stat. § 76-702 (Reissue 1996), BNSF sought preliminary and permanent injunctions granting BNSF entry to the defendant property owners’ land in order to conduct the above-described surveys and tests.”
Sanitary & Improvement Dist. No. 384 v. Bruhns Packing Co., 609 N.W.2d 679 (Neb. 2000). · cites it 2× “Likewise, Neb. Rev. Stat. § 76-702 (Reissue 1996) provides that the condemnor may take land for public use only “[a]fter negotiations have failed .”
Nat'l Compressed Steel Corp. v. Unified Gov't of Wyandotte Cnty./Kansas City, 38 P.3d 723 (Kan. 2002). · cites it 2× “Accordingly, Neb. Rev. Stat. § 76-702 permitted and limited the condemner’s entry upon the property owners’ land to “examining and surveying.”
Application of Loup River Pub. Power Dist., 61 N.W.2d 213 (Neb. 1953). · cites it 3× “” Section 76-702, R. S. Supp., 1951, reads as follows: “After negotiations have failed, any condemner, or his representative, upon proper identification and after informing the condemnee of the contemplated action is authorized to enter upon any land for the purpose of examining…”
Heppe v. State, 76 N.W.2d 255 (Neb. 1956). “Some contention is made that the department failed to comply with sections 76-702 and 76-704, R. S. Supp., 1953, with reference to making a valid attempt to agree with the plaintiffs, the owners of the land, as condemnees, or with the intervener with respect to the acquisition…”
Burlington N. & Santa Fe v. Chaulk, 631 N.W.2d 131 (Neb. 2001). · cites it 30× “In its petition filed pursuant to Neb.Rev.Stat. § 76-702 (Reissue 1996), BNSF sought preliminary and permanent injunctions granting BNSF entry to the defendant property owners' land in order to conduct the above-described surveys and tests.”
Suhr v. City of Seward, 266 N.W.2d 190 (Neb. 1978). “In their petition on appeal the plaintiffs alleged that there had not been good faith negotiations between the parties as required by sections 76-702 and 76-704, R. R. S. 1943.”
Suhr v. City of Seward, for & on Behalf, Etc., 266 N.W.2d 190 (Neb. 1978). “From this award the plaintiffs appealed to the District Court.”
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.