Within thirty days after the filing of such notice of appeal, the county judge shall prepare and transmit to the clerk of the district court a duly certified transcript of all proceedings had concerning the parcel or parcels of land as to which the particular condemnee takes the appeal upon payment of the fees provided by law for preparation thereof. When notice of appeal is filed by both the condemner and the condemnee, such transcript shall be prepared only in response to the first notice of appeal. The transcript prepared in response to the second notice of appeal shall contain only a copy of such notice and the proceedings shall be filed in the district court as a single cause of action.
The filing of the notice of appeal shall confer jurisdiction on the district court. The first party to perfect an appeal shall file a petition on appeal in the district court within fifty days after the filing of the notice of appeal. If no petition is filed, the court shall direct the first party to perfect an appeal to file a petition and impose such sanctions as are reasonable. The appeal shall be tried de novo in the district court. Such appeal shall not delay the acquisition of the property and placing of same to a public use if the condemner shall first deposit with the county judge the amount assessed by the appraisers.
Notes of Decisions
Pinnacle Enters., Inc. v. City of Papillion, 302 Neb. 297 (Neb. 2019).
· cites it 24× “Because the plain language of Neb. Rev. Stat. § 76-717 (Reissue 2018) confers jurisdiction once a notice of appeal is filed, the court erred in dismissing the appeal and we reverse that dismissal.”
Est. of Tetherow v. State, 226 N.W.2d 116 (Neb. 1975).
· cites it 20× “This is within the 30-day period from the filing of no *152 tice of appeal specified by section 76-717, R. S. Supp., 1974. On July 5,1973, the condemner filed in the District Court a motion asking the District Court to require the condemnees “to file their Petition as required…”
Application of City of Seward, 62 N.W.2d 537 (Neb. 1954).
· cites it 14× “Section 76-717, R. S. Supp., 1953, then provides: “The proceeding shall be docketed in the district court, showing the party first appealing as the plaintiff and the other party as the defendant.”
Wooden v. Cnty. of Douglas, 751 N.W.2d 151 (Neb. 2008).
· cites it 6× “On October 31, the Woodens filed their "Petition on Appeal to District Court," as required by Neb.Rev.Stat. § 76-717 (Reissue 2003). The record indicates that this petition was also served upon counsel for the County by first class mail.”
Pinnacle Enters. v. City of Papillion, 836 N.W.2d 588 (Neb. 2013).
· cites it 4× “Under prior versions of Neb. Rev. Stat. § 76-717 (Reissue 2009), no matter who appealed from the 23 Neb.”
Jensen v. Omaha Pub. Power Dist., 66 N.W.2d 591 (Neb. 1954).
· cites it 10× “Section 76-717, R. S. Supp., 1953, provides in part: “After docketing of the appeal, the issues shall be made up and tried in the district court in the same manner as an appeal from the county court to the district court in a civil action.”
Pinnacle Enters. v. City of Papillion, 302 Neb. 297 (Neb. 2019).
· cites it 25× “Because the plain language of Neb. Rev. Stat. § 76-717 (Reissue 2018) confers jurisdiction once a notice of appeal is filed, the court erred in dismissing the appeal and we reverse that dismissal.”
Dawson v. Papio Nat. Resources Dist., 313 N.W.2d 242 (Neb. 1981).
· cites it 4× “Either the condemner or the condemnee may appeal from the appraisers' award of damages by filing notice of appeal with the county judge within 30 days of the filing of the award.”
Neumeyer v. Omaha Pub. Power Dist., 198 N.W.2d 80 (Neb. 1972).
· cites it 4× “Section 76-717, R.R.S.1943, provides: "Within thirty days after the filing of such notice of appeal, the county judge shall prepare and transmit to the clerk of the district court a duly certified transcript of all proceedings * * *.”
Sch. Dist. No. 17, Douglas Cnty. v. State, 316 N.W.2d 767 (Neb. 1982).
· cites it 6× “The court found that Neb.Rev.Stat. § 76-717 (Reissue 1976) incorporated by reference the appellate procedure of the former justice of the peace courts which placed the burden of filing the petition on the plaintiff.”
Scheer v. Kansas-Nebraska Nat. Gas Co., 64 N.W.2d 333 (Neb. 1954).
· cites it 2× “He cites the change in wording of section 76-717, R. S. Supp., 1953, from what it was in the former act, section 74-314, R.”
Singleton v. South Platte Nat. Resources Dist., 339 N.W.2d 751 (Neb. 1983).
· cites it 2× “In passing, and for the purpose of avoiding further confusion, we should note that Neb. Rev. Stat. § 76-717 (Reissue 1981) has been amended by 1983 Neb.”
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