After the inspection, view, and hearing provided for in section 76-709 have been completed, the appraisers shall assess the damages that the condemnee has sustained or will sustain by the appropriation of the property to the use of the condemner and make and file a report thereof in writing with the court. In assessing such damages in cases in which the appropriation consists of taking an easement, the assessment of damages shall include damages for fences and crops destroyed or damaged by reason of the original construction of the improvement. Damage to fencing and crops occurring after the original construction and resulting from the operation or maintenance of the improvement shall not be included in such assessment but shall be determined by agreement of the parties and paid to the owner or lessee by the condemner or its successors and assigns at the time such fencing or crops are damaged. Upon failure of the parties to agree, such damages may be determined in the same manner as provided under sections 76-701 to 76-724. A copy of the appraisers' report shall be transmitted to the condemnee.
The transmission shall be made by the court within ten days of the return of appraisers and shall be by personal delivery or the sending by ordinary mail of such copy to the condemnee, to the attorney representing the condemnee at the inspection, view, and hearing, or to the officer or representative of a corporate condemnee so present. When title or interest in a single parcel of land is held by several condemnees the transmission of such copy to any one of such owners of interest shall be considered compliance with such requirement. The court shall record in the files of the proceedings the date, the person, his or her interest, and the manner of such transmission. Failure of transmission shall not be jurisdictional but shall extend the condemnee's time of appeal to twenty days after such transmittal is finally made.
Notes of Decisions
Houska v. City of Wahoo, 456 N.W.2d 750 (Neb. 1990).
· cites it 6× “and make and file a report thereof in writing with the county judge____A copy of the appraisers’ report shall be transmitted to the condemnee.”
Wooden v. Cnty. of Douglas, 751 N.W.2d 151 (Neb. 2008).
· cites it 2× “Such appeal shall be taken by filing a notice of appeal with the county judge within thirty days from the date of filing of the report of appraisers as provided in section 76-710. These requirements are expanded upon in § 76-715.”
Neumeyer v. Omaha Pub. Power Dist., 198 N.W.2d 80 (Neb. 1972).
· cites it 4× “Such appeal shall be taken by filing a notice of appeal with the county judge within thirty days from the date of filing of the report of appraisers as provided in section 76-710." Section 76-715, R.R.S.1943.”
Pieper v. City of Scottsbluff, 126 N.W.2d 865 (Neb. 1964).
· cites it 4× “The provisions of section 76-720 shall apply to any case now or hereafter pending on appeal from the award of the appraisers as provided in section 76-710. “Sec. 4. That original section 76-720, Reissue Revised Statutes of Nebraska, 1943, and section 76-710.”
Jensen v. Omaha Pub. Power Dist., 66 N.W.2d 591 (Neb. 1954).
· cites it 2× “Such appeal shall be taken by filing a notice of appeal with the county judge within thirty days from the date of filing of the report of appraisers as provided in section 76-710.” The condemnees properly perfected their appeal from the county court to the district court.”
Friedman v. State, Dep't of Roads, 157 N.W.2d 855 (Neb. 1968).
· cites it 2× “1943, provides in part: “Such appeal shall be taken by filing a *11 notice of appeal with the county judge within thirty days from the date of filing of the report of appraisers as provided in section 76-710.” It is mandatory and jurisdictional that notice of appeal be filed…”
State v. Loyd, 745 N.W.2d 338 (Neb. 2008).
· cites it 3× “1963) was added and reads that "[t]he provisions of section 76-720 shall apply to any case now or hereafter pending an appeal from the award of the appraisers as provided in section 76-710." On appeal, the City of Scottsbluff argued that the amendments to § 76-710 applied only…”
Weiner v. State, Dep't of Roads, 137 N.W.2d 852 (Neb. 1965).
· cites it 2× “Such appeal shall be taken by filing a notice of' appeal with the county judge within thirty days from the date of filing of the report of appraisers as provided in section 76-710.” The notice of appeal herein was filed almost 1 month after the statutory time had expired.”
Houska v. City of Wahoo, 417 N.W.2d 337 (Neb. 1988).
· cites it 4× “Neb. Rev. Stat. § 76-710 (Reissue 1986) provides in part: A copy of the appraisers’ report shall be transmitted to the condemnee.”
Regier v. Nebraska Pub. Power Dist., 199 N.W.2d 742 (Neb. 1972).
· cites it 2× “The plaintiffs’ right to future damage to fencing or crops is reserved in accordance with section 76-710, R. R. S. 1943. The defendant suggests that damages should be de *62 termined on the basis of the present structures on the land because it appears unlikely that additional…”
Barnes v. Am. Stand. Ins. Co. of Wis., 297 Neb. 331 (Neb. 2017).
· cites it 3× “City of Wahoo, supra, where there was an absence of direct proof of actually “sending [the particular letter] by ordi- nary mail” as prescribed by the relevant statute, Neb. Rev. Stat. § 76-710 (Reissue 2009). On appeal, we reversed the summary judgment entered in favor of the…”
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