Upon filing of a petition under either section 76-704 or 76-705, the county judge or clerk magistrate, within three days by order entered of record, shall appoint three disinterested freeholders of the county, not interested in a like question, to serve as appraisers. One appraiser so appointed shall be a credentialed real property appraiser, except that if the county judge finds that no credentialed real property appraiser is a disinterested freeholder of the county, this requirement shall not apply. The county judge or clerk magistrate shall direct the sheriff to summon the appraisers so selected to convene at the office of the county judge at a time specified in the summons for the purpose of qualifying as appraisers and thereafter proceed to appraise the property sought to be condemned and to ascertain and determine the damages sustained by the condemnee. Notice of intention to acquire the property and of the time and place of meeting of the board of appraisers to have the damages assessed shall be served upon the condemnee at least ten days prior to the meeting of the board of appraisers. Service of such notice shall be made in the manner provided for service of a summons in a civil action.
Notes of Decisions
Sanitary & Improvement Dist. No. 384 v. Bruhns Packing Co., 609 N.W.2d 679 (Neb. 2000).
· cites it 7× “dmit evidence of vegetation damages caused by the taking, (2) erred by refusing to give BPC’s requested jury instructions regarding vegetation damages and by instructing the jury to disregard vegetation damages, (3) abused its discretion by refusing to admit evidence concerning…”
Moyer v. Nebraska City Airport Auth., 655 N.W.2d 855 (Neb. 2003).
· cites it 2× “*205 In October 1999, the Moyers filed an inverse condemnation action under Neb. Rev. Stat. § 76-706 (Reissue 1996) for the appointment of appraisers with the Otoe County Court.”
Sanitary & Improvement Dist. No. 384 v. Bruhns Packing Co., 589 N.W.2d 542 (Neb. 1999).
· cites it 2× “laims that the district court erred (1) by refusing to admit evidence regarding damage to vegetation caused by the taking; (2) by refusing to give BPC’s requested jury instructions regarding vegetation damages and by instructing the jury to disregard vegetation damages; (3) by…”
Van Patten v. City of Omaha, 94 N.W.2d 664 (Neb. 1959).
· cites it 2× “The Van Pattens filed a motion to set aside the order appointing appraisers and the subsequent proceedings on the ground that two of the appraisers were not disinterested freeholders as required by section 76-706, R. S. Supp., 1953; for the further reason that two of the three…”
Meints v. Vill. of Diller (Neb. Ct. App. 2021).
· cites it 2× “with respect to the property identified; (5) finding that Meints had not adequately pled that his property was taken or damaged for a public purpose; (6) failing to rule on his claims for a declaratory judgment, for injunctive relief, and based upon a constitutional taking; (7)…”
Laubscher v. Sanitary & Improvement Dist. No. 20, 331 N.W.2d 542 (Neb. 1983).
· cites it 3× “*835 The District Court determined that there was error in the proceedings because of a failure to comply with Neb. Rev. Stat. § 76-706 (Reissue 1981), and remanded the matter to the county court for further proceedings, with orders that the petition of plaintiffs be adjudged as…”
Ward v. Neb. Elec. Gen. & Trans. Coop., Inc., 240 N.W.2d 18 (Neb. 1976).
· cites it 2× “The appraisers appointed by the county judge pursuant to section 76-706, R.R.S.1943, set the damages sustained by the Wards at $16,000.”
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