Nebraska Revised Statutes
Neb. Rev. Stat. § 76-704 (2026)
Petition of condemner
✓ current as of July 2026
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If any condemnee shall fail to agree with the condemner with respect to the acquisition of property sought by the condemner, a petition to condemn the property may be filed by the condemner in the county court of the county where the property or some part thereof is situated.
Notes of Decisions
Cited in 25
cases, 1953–2020 · leading case: Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017).
Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017). “Neb. Rev. Stat. § 76-704 (Reissue 2009) provides: “If any condemnee shall fail to agree with the condemner with respect to the acquisition of property sought by the condemner, a peti- tion to condemn the property may be filed by the condemner in the county court of the county…”
Sanitary & Improvement Dist. No. 1 v. Nebraska Pub. Power Dist., 573 N.W.2d 460 (Neb. 1998). “Similarly, § 70-301 makes no reference to § 70-670, but provides that the procedure to condemn property shall be that set forth in Neb. Rev. Stat. §§ 76-704 to 76-724 (Reissue 1996).”
Application of Loup River Pub. Power Dist., 61 N.W.2d 213 (Neb. 1953). “The appellant sets forth sections 76-704 and 76-702, R. S. Supp., 1951.”
Sanitary & Improvement Dist. No. 384 v. Bruhns Packing Co., 609 N.W.2d 679 (Neb. 2000). “Citing Neb. Rev. Stat. § 76-704 (Reissue 1996), we held that this requirement is mandatory and jurisdictional.”
Jensen v. Omaha Pub. Power Dist., 66 N.W.2d 591 (Neb. 1954). “The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.” The following sections of the statutes are also pertinent in this appeal.”
Fulmer v. State, Dep't of Roads, 131 N.W.2d 657 (Neb. 1964). “, 1959, and sections 76-704 to 76-724, inclusive, R.R.”
Dell v. City of Lincoln, 102 N.W.2d 62 (Neb. 1960). “have power by ordinance to open, widen or otherwise improve, vacate, care for, control, name, and rename any street, avenue, alley or lane, parks, and squares within the limits of the city, and also to create, open and improve any street, avenue, alley or lane; Provided, all…”
State v. Mahloch, 116 N.W.2d 305 (Neb. 1962). “The provisions of law setting forth the duty of the State towards the owners of lands which are to be acquired for public purposes, such as in the instant case, are set out in section 76-704, R. R. S. 1943. This section merely states that if the condemner shall fail to agree…”
Prairie View Tel. Co. v. Cnty. of Cherry, 138 N.W.2d 468 (Neb. 1965). “* * * Statutory provisions of the type here considered (section 76-704, R. R. S. 1943) are usually regarded as mandatory and jurisdictional, and *384 it has been stated broadly that objection based on’ the failure of the record to show that the parties cannot agree may be raised…”
Duerfeldt v. State Game & Parks Comm'n, 166 N.W.2d 737 (Neb. 1969). “” Section 76-704, R. R. S. 1943, authorizes such condemners to bring eminent domain proceedings.”
Grace Land & Cattle Co. v. Tri-State Generation & Transmission Ass'n, 217 N.W.2d 184 (Neb. 1974). “) Section 76-704, R.R.S. 1943, says: "If any condemnee shall fail to agree with the condemner," then the condemner may file a petition to condemn.”
Ward v. Nebraska Elec. Generation & Transmission Coop., Inc., 240 N.W.2d 18 (Neb. 1976). “, an electric cooperative corporation organized under the laws of the State of Nebraska, with the power of eminent domain granted under section 76-704, R. R. S. 1943, appeals to this court from a jury award of $20,000 in a trial held in the District Court for Cherry County, in a…”
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