If an appeal is taken from the award of the appraisers by the condemnee and the amount of the final judgment is greater by fifteen percent than the amount of the award, or if appeal is taken by the condemner and the amount of the final judgment is not less than eighty-five percent of the award, or if appeal is taken by both parties and the final judgment is greater in any amount than the award, the court may in its discretion award to the condemnee a reasonable sum for the fees of his or her attorney and for fees necessarily incurred for not more than two expert witnesses. On any appeal by the condemner, the condemner shall pay all court costs on appeal. If appeal is taken by the condemnee only and the final judgment is not equal to or greater than the award of the appraisers, the court may in its discretion award to the condemner the court costs incurred by the condemner, but not attorney or expert witness fees.
If an appeal is taken to the district court and the district court finds that the condemner did not negotiate in good faith with the property owner or there was no public purpose for taking the property involved, the court shall award to the condemnee a reasonable sum for the fees of his or her attorney and the condemner shall pay all court costs on appeal.
The changes made to this section by Laws 1995, LB 222, apply to any action pending on March 30, 1995, or filed on or after such date.
Notes of Decisions
Vill. of Memphis v. Frahm, 287 Neb. 427 (Neb. 2014).
· cites it 34× “Neb. Rev. Stat. § 76-720 (Reissue 2009) does not permit an award of attorney fees for services rendered prior to the initiation of an appeal in district court.”
City of Lincoln v. Realty Trust Grp., Inc., 705 N.W.2d 432 (Neb. 2005).
· cites it 6× “In its motion to alter or amend the judgment, Realty Trust had also argued that the district court erred in failing to award it its attorney and expert witness fees under Neb. Rev. Stat. § 76-720 (Reissue 2003). The district court overruled that portion of Realty Trust’s motion…”
Pinnacle Enters. v. City of Papillion, 836 N.W.2d 588 (Neb. 2013).
· cites it 5× “The court then determined that because the jury verdict exceeded the appraisers’ award by more than 15 percent, under Neb. Rev. Stat. § 76-720 (Reissue 2009), the court awarded Pinnacle $100,369.”
Lane v. State Farm Mut. Auto. Ins., 308 N.W.2d 503 (Neb. 1981).
· cites it 8× “2d 548 (1968), which case involved the award of an attorney fee under Neb.Rev.Stat. § 76-720 (Reissue 1976), which deals with eminent domain proceedings, this court stated: "However, we do not interpret the reference in section 76-720, R.”
Sanitary & Improvement Dist. No. 384 v. Bruhns Packing Co., 609 N.W.2d 679 (Neb. 2000).
· cites it 8× “Section 76-720 provides: If an appeal is taken from the award of the appraisers by the condemnee and the amount of the final judgment is greater by fifteen percent than the amount of the award .”
Abboud v. Papio-missouri River Dist., 571 N.W.2d 302 (Neb. 1997).
· cites it 7× “" In regard to attorney fees, Neb.Rev.Stat. § 76-720 (Reissue 1990) provided that [i]f an appeal is taken from the award of the appraisers by the .”
SID No. 596 v. THG Dev., 315 Neb. 926 (Neb. 2024).
· cites it 3× “(iii) Eminent Domain Statutes Alternatively, THG contends that Neb. Rev. Stat. §§ 76-720 and 76-726 (Reissue 2018)—found in the chapter of the Nebraska Revised Statutes addressing eminent domain—per- mitted an award of attorney fees.”
Prucka v. Papio Nat. Resources Dist., 292 N.W.2d 293 (Neb. 1980).
· cites it 9× “Pursuant to Neb. Rev. Stat. § 76-720 (Reissue 1976), the Pruckas filed an application for Attorney’ s fees and fees of expert witnesses, requesting an “appropriate ahiount.”
Dawson v. Papio Nat. Resources Dist., 313 N.W.2d 242 (Neb. 1981).
· cites it 4× “I concur in that part of the opinion which holds that the condemner had the absolute right of dismissal prior to submission to the jury.”
Wear v. State, Dept. of Roads, 337 N.W.2d 708 (Neb. 1983).
· cites it 6× “The State also appeals from the award of attorney fees of $80,000 to the plaintiffs pursuant to Neb.Rev.Stat. § 76-720 (Reissue 1981). The State contends the fees are excessive.”
Krambeck v. City of Gretna, 254 N.W.2d 691 (Neb. 1977).
· cites it 3× “1943), and court costs on any appeal by a condemner (§ 76-720, R. R. S. 1943). These costs, it contends, are liabilities created by statute and thus section 25-206, R.”
Pieper v. City of Scottsbluff, 126 N.W.2d 865 (Neb. 1964).
· cites it 6× “That section 76-720, Reissue Revised Statutes of Nebraska, 1943, be amended to read as follows: “76-720.”
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