Nebraska Revised Statutes
Neb. Rev. Stat. § 76-704.01 (2026)
Petition of condemner; contents
✓ current as of July 2026
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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.
Notes of Decisions
Cited in 7
cases, 1985–2017 · leading case: Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017).
Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017). “” Estermann claims that N-CORPE failed to comply with Neb. Rev. Stat. § 76-704.01 (7) (Reissue 2009), - 245 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ESTERMANN v.”
Estermann v. Bose, 296 Neb. 228 (Neb. 2017). “” Estermann claims that N-CORPE failed to comply with Neb. Rev. Stat. § 76-704.01 (7) (Reissue 2009), - 245 - Nebraska Supreme Court A dvance Sheets 296 Nebraska R eports ESTERMANN v.”
SourceGas Distrib. v. City of Hastings, 287 Neb. 595 (Neb. 2014). “SourceGas Distribution also alleged in its complaint that Hastings failed to comply with § 76-704.01 because it failed to precisely describe in its county court petition the property sought to be condemned.”
Sorensen v. Lower Niobrara Nat. Resources Dist., 376 N.W.2d 539 (Neb. 1985). “We note a requirement imposed by Neb. Rev. Stat. § 76-704.01 (4) (Reissue 1981) concerning a condemnation petition, namely, such pleading shall include: “The quantity needed to fulfill the public purpose for which [the property is] taken.”
Camden v. Papio-Missouri River NRD (Neb. Ct. App. 2014). “In order to satisfy Neb. Rev. Stat. § 76-704.01 (6) (Reissue 2009), 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.”
Hike v. State (Neb. 2014). “And we are not per- suaded by the Hikes’ argument that NDOR waived the pro- tection imposed by § 27-408 by cross-examining Leo Hike with respect to statements he made to Walker.”
In re Louise v. Steinhoefel Trust (Neb. Ct. App. 2014). “In order to satisfy Neb. Rev. Stat. § 76-704.01 (6) (Reissue 2009), 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.”
— Neb. Rev. Stat. § 76-704.01(6) — 1 case
Camden v. Papio-Missouri River NRD (Neb. Ct. App. 2014). “In order to satisfy Neb. Rev. Stat. § 76-704.01 (6) (Reissue 2009), 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.”
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