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

Neb. Rev. Stat. § 76-705 (2026)

Acquisition of property; damages; petition of condemnee

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

If any condemner shall have taken or damaged property for public use without instituting condemnation proceedings, the condemnee, in addition to any other available remedy, may file a petition with the county judge of the county where the property or some part thereof is situated to have the damages ascertained and determined.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1956–2021 · leading case: Krambeck v. City of Gretna, 254 N.W.2d 691 (Neb. 1977).
Sort: Relevance Newest Treatment
Krambeck v. City of Gretna, 254 N.W.2d 691 (Neb. 1977). · cites it 6× “The plaintiffs’ action was brought under section 76-705, R. R. S. 1943, which provides: “If any condemner shall have taken or damaged property for public use without instituting condemnation proceedings, the condemnee, in addition to any other available remedy, may file a…”
Henry Roe v. State of Nebraska, 861 F.3d 785 (8th Cir. 2017). “Neb. Rev. Stat. § 76-705 . Roe did not adequately plead a claim based on these provisions.”
Vill. of Memphis v. Frahm, 287 Neb. 427 (Neb. 2014). · cites it 3× “§ 76-715 (Reissue 2009) is part of the proceedings which are initiated by the property owner in county court by filing under Neb. Rev. Stat. § 76-705 (Reissue 2009).13 The appeal authorized by § 76-715 is not a conventional civil appeal from county court to district court.”
Russell v. Franklin Cnty., 27 Neb. Ct. App. 684 (Neb. Ct. App. 2019). · cites it 10× “In January 2017, the Russells filed a “Petition for Inverse Condemnation” against the County in Franklin County Court, alleging an unlawful taking of their property for a public use, and because they had not received just compensation therefor, they sought damages and other…”
City of Lincoln v. Cather & Sons Constr., Inc., 290 N.W.2d 798 (Neb. 1980). · cites it 4× “Specifically, we suggested in Cather I that the property owner might bring an inverse condemnation action pursuant to Neb.Rev.Stat. § 76-705 (Reissue 1976) if, indeed, Cather had suffered compensable damages.”
Russell v. Franklin Cnty., 306 Neb. 546 (Neb. 2020). · cites it 2× “They alleged that the County had unlawfully taken their property for a pub- lic use and that they were entitled to just compensation and other relief under Neb. Rev. Stat. § 76-705 et seq. (Reissue 2018).”
Cather & Sons Constr., Inc. v. City of Lincoln, 264 N.W.2d 413 (Neb. 1978). · cites it 4× “" If, as alleged by Cather in this case, a city of the primary case fails to condemn a property owner's right of reasonably convenient ingress to and egress from lands or lots under section 15-702.”
Kula v. Prososki, 365 N.W.2d 441 (Neb. 1985). · cites it 2× “We assume the district court, in ruling that the case had not properly been brought as an inverse condemnation action, relied on Neb. Rev. Stat. § 76-705 (Reissue 1981). That section provides: If any condemner shall have taken or damaged property for public use without…”
Dishman v. Nebraska Pub. Power Dist., 482 N.W.2d 580 (Neb. 1992). · cites it 2× “The district court enjoined the county from flooding the land in the future but concluded the landowner could not recover damages from the county because he had complied neither with the provisions of the tort claims act nor with the requirements of the inverse condemnation…”
Rose v. City of Lincoln, 449 N.W.2d 522 (Neb. 1989). “On July 7,1982, Roses commenced an inverse condemnation proceeding pursuant to § 76-705, which provides: If any condemner shall have taken or damaged property for public use without instituting condemnation proceedings, the condemnee, in addition to any other available remedy,…”
Hillerege v. City of Scottsbluff, 83 N.W.2d 76 (Neb. 1957). · cites it 2× “The right of the plaintiff to institute action under section 76-705, R. S. Supp., 1955, for the ascertainment and recovery of consequential damages claimed by her.”
Uhing v. City of Oakland, 459 N.W.2d 187 (Neb. 1990). · cites it 2× “We considered the inverse condemnation issue: We assume the district court, in ruling that the case had not properly been brought as an inverse condemnation action, relied on Neb. Rev. Stat. § 76-705 (Reissue 1981). That section provides: “If any condemner shall have taken or…”
Show all 22 citing cases →
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.