(1) The court having jurisdiction of a proceeding instituted by an agency as defined in section 76-1217 to acquire real property by condemnation shall award the owner of any right, title, or interest in such real property such sum as will, in the opinion of the court, reimburse such owner for his or her reasonable costs, disbursements, and expenses, including reasonable attorney's, appraisal, and engineering fees, actually incurred because of the condemnation proceedings if (a) the final judgment is that the agency cannot acquire the real property by condemnation or (b) the proceeding is abandoned by the agency. If a settlement is effected, the court may award to the plaintiff reasonable expenses, fees, and costs.
(2) The court having jurisdiction of a proceeding instituted by a condemnee under section 76-705 shall award the condemnee such sum as will, in the opinion of the court, reimburse the condemnee for his or her reasonable costs, disbursements, and expenses, including reasonable attorney's, appraisal, and engineering fees, actually incurred as a result of the taking of or damage to the condemnee's property if (a) the court renders a judgment in favor of the condemnee or (b) a settlement is effected.
Notes of Decisions
Transcanada Keystone Pipeline, LP v. Nicholas Fam. Ltd. P'ship, 299 Neb. 276 (Neb. 2018).
· cites it 20× “At issue in each case is whether the individual landowners are entitled to an award of attorney fees under Neb. Rev. Stat. § 76-726 (Reissue 2009). We conclude that the landowners did not offer sufficient proof as to their entitlement to an award of attorney costs and fees.”
Simon v. City of Omaha, 677 N.W.2d 129 (Neb. 2004).
· cites it 16× “Section 76-726 is located in chapter 76, Real Property, article 7, Eminent Domain, of the Nebraska Revised Statutes.”
City of Gordon v. Ruse, 687 N.W.2d 182 (Neb. 2004).
· cites it 20× “The Ruses sought recovery of certain fees and costs pursuant to Neb. Rev. Stat. § 76-726 (1) (Reissue 2003).”
TransCanada Keystone Pipeline v. Nicholas Fam., 299 Neb. 276 (Neb. 2018).
· cites it 21× “FACTUAL BACKGROUND TransCanada Keystone Pipeline, LP (TransCanada), is a limited partnership wishing to construct an oil pipeline, Keystone XL, through the State of Nebraska.”
Vill. of Memphis v. Frahm, 287 Neb. 427 (Neb. 2014).
· cites it 9× “The Frahms subsequently moved for attorney fees and expenses under Neb. Rev. Stat. § 76-726 (2) (Reissue 2009), and the county judge ordered the Village to pay $5,322 to the Frahms.”
Paw K. v. Christian G., 315 Neb. 781 (Neb. 2024).
· cites it 2× “27 We authorized use of an affidavit in a hearing on a special appearance to prove or disprove the factual basis for a court’s assertion or exer- cise of personal jurisdiction over a defendant. 28 In doing so, we explained that a special appearance was preliminary and collateral…”
Sellers v. Reefer Sys., 305 Neb. 868 (Neb. 2020).
· cites it 2× “§ 53-223 (Reissue 2010); Neb. Rev. Stat. § 76-726 (Reissue 2018); Neb.”
Paw K. v. Christian G., 32 Neb. Ct. App. 317 (Neb. Ct. App. 2023).
· cites it 3× “” But the question in TransCanada Keystone Pipeline was whether individual landowners were entitled to attorney fees under Neb. Rev. Stat. § 76-726 (Reissue 2009) (costs, expenses, and fees in condemnation action), and the Nebraska Supreme Court held that “[a]ffidavits are…”
— Neb. Rev. Stat. § 76-726(1) — 4 cases
Simon v. City of Omaha, 677 N.W.2d 129 (Neb. 2004).
“Section 76-726 is located in chapter 76, Real Property, article 7, Eminent Domain, of the Nebraska Revised Statutes.”
City of Gordon v. Ruse, 687 N.W.2d 182 (Neb. 2004).
“The Ruses sought recovery of certain fees and costs pursuant to Neb. Rev. Stat. § 76-726 (1) (Reissue 2003).”
Transcanada Keystone Pipeline, LP v. Nicholas Fam. Ltd. P'ship, 299 Neb. 276 (Neb. 2018).
“At issue in each case is whether the individual landowners are entitled to an award of attorney fees under Neb. Rev. Stat. § 76-726 (Reissue 2009). We conclude that the landowners did not offer sufficient proof as to their entitlement to an award of attorney costs and fees.”
TransCanada Keystone Pipeline v. Nicholas Fam., 299 Neb. 276 (Neb. 2018).
“FACTUAL BACKGROUND TransCanada Keystone Pipeline, LP (TransCanada), is a limited partnership wishing to construct an oil pipeline, Keystone XL, through the State of Nebraska.”
— Neb. Rev. Stat. § 76-726(2) — 1 case
Vill. of Memphis v. Frahm, 287 Neb. 427 (Neb. 2014).
“The Frahms subsequently moved for attorney fees and expenses under Neb. Rev. Stat. § 76-726 (2) (Reissue 2009), and the county judge ordered the Village to pay $5,322 to the Frahms.”
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