The condemner shall not acquire any interest in or right to possession of the property condemned until he or she has deposited with the court the amount of the condemnation award in effect at the time the deposit is made. The condemner shall have sixty days from the date of the award of the appraisers to deposit with the court the amount of the award or the proceeding will be considered as abandoned. When the amount of the award is deposited with the court by the condemner, the condemner shall be deemed to have accepted the award unless he or she gives notice of appeal from the award of the appraisers pursuant to section 76-715. If the proceeding is abandoned, proceedings may not again be instituted by the condemner to condemn the property within two years from the date of abandonment.
If an appeal is taken from the award of the appraisers by the condemnee and the condemnee obtains a greater amount than that allowed by the appraisers, the condemnee shall be entitled to interest from the date of the deposit at the rate provided in section 45-104.02, as such rate may from time to time be adjusted, compounded annually, on the amount finally allowed, less interest at the same rate on the amount withdrawn or on the amount which the condemner offers to stipulate for withdrawal as provided by section 76-719.01. If an appeal is taken from the award of the appraisers by the condemner, the condemnee shall be entitled to interest from the date of deposit at the rate provided in section 45-104.02, as such rate may from time to time be adjusted, compounded annually, on the amount finally allowed, less interest at the same rate on the amount withdrawn or on the amount which the condemner offers to stipulate for withdrawal as agreed to by the condemnee as provided by section 76-719.01.
Upon deposit of the condemnation award with the court, the condemner shall be entitled to a writ of assistance to place him or her in possession of the property condemned and the condemnee shall be liable for diminution in the value of the property caused by the condemnee's purposeful removal of real or personal property not previously agreed to in writing by the condemner and condemnee from the condemned property.
Notes of Decisions
Abboud v. Papio-missouri River Dist., 571 N.W.2d 302 (Neb. 1997).
· cites it 21× “01, as such rate may from time to time be adjusted by the Legislature, compounded annually, on the amount finally allowed.”
Pinnacle Enters. v. City of Papillion, 836 N.W.2d 588 (Neb. 2013).
· cites it 6× “In its order, the court determined that under Neb. Rev. Stat. § 76-711 (Reissue 2009), Pinnacle was entitled to $99,159.”
AVG Partners I v. Genesis Health Clubs, 307 Neb. 47 (Neb. 2020).
· cites it 4× “51 The court then stated the Nebraska Supreme Court has held that “if a statutory basis exists for an award of interest, .”
Zarybnicky v. Cnty. of Gage, 241 N.W.2d 834 (Neb. 1976).
· cites it 12× “The Zarybnickys ask that the District Court determine that the condemner has abandoned the proceedings by having failed to comply with that part of section 76-711, R. R. S. 1943, which provides: “The condemner shall have sixty days from the date of the award of the appraisers to…”
Diers P'ship v. State, Dept. of Roads, 767 N.W.2d 113 (Neb. Ct. App. 2009).
· cites it 10× “Because we conclude that Neb.Rev. Stat. § 76-711 (Reissue 2003) mandated that Diers be awarded interest on the judgment, we remand with directions to amend the judgment.”
Thacker v. State, Dep't of Roads, 229 N.W.2d 197 (Neb. 1975).
· cites it 4× “The owner’s right to interest rests upon the provisions of section 76-711, R. R. S. 1943, and not upon the prayer of the petition.”
Abboud v. Papio-Missouri River Nat. Resources Dist., 571 N.W.2d 303 (Neb. 1997).
· cites it 21× “§ 76-711 (Reissue 1990) provided that [i]f an appeal is taken from the award of the appraisers by the condemner, the condemnee shall be entitled to interest from the date of deposit at the rate provided in section 45-104.01, as such rate may from time to time be adjusted by the…”
Petersen v. Sch. Dist. of Bellevue, 196 N.W.2d 510 (Neb. 1972).
· cites it 7× “It further provides that in the event of an appeal by the condemnee if he succeeds in obtaining an amount greater than the appraisers' award, he shall recover interest from the date of the deposit.”
Iske v. Papio Nat. Resources Dist., 352 N.W.2d 172 (Neb. 1984).
· cites it 11× “The district court thereafter entered judgment on the mandate and determined the amount of interest due to Iske under Neb. Rev. Stat. § 76-711 (Cum. Supp. 1978 and Cum.”
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