19-704. Court of condemnation; award; appeal; procedure; effect of appeal.
Upon the determination and filing of a finding of the value of any plant, works, or system by a court of condemnation pursuant to sections 19-702 and 19-703, the city or village shall then have the right and power by ordinance duly passed by the city council or village board of trustees to elect to abandon such condemnation proceedings. If such city or village does not elect to abandon such proceedings within ninety days after the finding and filing of value, then the person or corporation owning any such plant, works, or system may appeal from the finding of value and award by the court of condemnation to the district court by filing within twenty days from the expiration of such time given the city or village to exercise its rights of abandonment, with the city clerk of such city or the village clerk of such village, a bond, to be approved by such clerk, conditioned for the payment of all costs which may be made on any such appeal, and by filing in the district court, within ninety days after such bond is filed, a transcript of the proceedings before such court of condemnation including the evidence taken before it certified by the clerk, reporter, and judges of such court. The appeal in the district court shall be tried and determined upon the pleadings, proceedings, and evidence embraced in such transcript. If such appeal is taken the city or village, upon tendering the amount of the value and award made by such court of condemnation, to the party owning any such plant, works, or system, shall, notwithstanding such appeal, have the right and power to take immediate possession of such plant, works, or system, and the city or village authorities, without vote of the people, shall have the power, if necessary, to issue and sell bonds of the city or village to provide funds to make such tender.
Source
Annotations
General obligation bonds were issued by city to tender amount of award. Talbott v. City of Lyons, 171 Neb. 186, 105 N.W.2d 918 (1960).
Bonds purporting to pledge revenue and earnings of electric light and power plant cannot be issued without vote of people. May v. City of Kearney, 145 Neb. 475, 17 N.W.2d 448 (1945).
Municipality is given ninety days after determination of value to abandon proceedings. Village of Walthill v. Iowa Electric L. & P. Co., 228 F.2d 647 (8th Cir. 1956).
Provision is made for making up and preservation of record of the hearing before court of condemnation. Kansas-Nebraska Nat. Gas Co. v. Village of Deshler, 192 F.Supp. 303 (D. Neb. 1960).
Structure Nebraska Revised Statutes
Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes
19-201 - Toll bridges; licensing; regulation.
19-301 - Transferred to section 18-1901.
19-302 - Transferred to section 18-1902.
19-303 - Transferred to section 18-1903.
19-304 - Transferred to section 18-1904.
19-305 - Transferred to section 18-1905.
19-306 - Transferred to section 18-1906.
19-307 - Transferred to section 18-1907.
19-308 - Transferred to section 18-1908.
19-309 - Transferred to section 18-1909.
19-310 - Transferred to section 18-1910.
19-311 - Transferred to section 18-1911.
19-312 - Transferred to section 18-1912.
19-313 - Transferred to section 18-1913.
19-314 - Transferred to section 18-1914.
19-401 - Act, how cited; commission plan; population requirement.
19-402 - Commission plan; petition for adoption; election; ballot form.
19-403 - Commission plan; proposal for adoption; frequency.
19-404 - Adoption of commission plan; effect.
19-405 - City council members; nomination; candidate filing form; primary election; waiver.
19-406 - Mayor and city council members; election.
19-409 - City council members; candidates; terms.
19-411 - City council members; bonds; vacancies, how filled.
19-412 - Officers; employees; compensation.
19-413 - City council; powers.
19-414 - City council; departments; assignment of duties.
19-415 - Mayor; city council members; powers and duties; heads of departments.
19-416 - Officers; employees; appointment; compensation; removal.
19-417 - Offices and boards; creation; discontinuance.
19-418 - City council; meetings; quorum.
19-419 - Mayor; city council members; office; duties.
19-421 - Petitions; requirements; verification; costs.
19-422 - Cities adopting the commission plan; laws applicable.
19-423 - Appropriations and expenses; alteration; power of first city council.
19-432 - Commission plan; discontinuance; petition; election.
19-433 - Commission plan; discontinuance; petition; election; procedure.
19-501 - Charter convention; charter; amendments; election.
19-502 - Charter convention; work, when deemed complete; charter, when published.
19-503 - Charter amendments; petition; adoption.
19-602 - City, defined; population; how determined.
19-603 - Charter and general laws; force and effect.
19-604 - Ordinances; resolutions; orders; regulations; force and effect.
19-605 - City manager plan; petition for adoption; election.
19-606 - City manager plan; adoption or abandonment; election.
19-607 - Election; ballot; form.
19-608 - Election; adoption of plan; when effective; rejection; resubmission.
19-609 - City manager plan; abandonment; petition; election.
19-610 - Local charters; right to adopt.
19-611 - City council; powers.
19-612 - City council members; number; nomination and election; terms.
19-613 - City council members; qualifications; forfeiture of office; grounds.
19-613.01 - City council members; elected from a ward; election; ballots.
19-615 - City council; meetings; quorum.
19-616 - Appointive or elected official; compensation; no change during term of office.
19-617 - City council; organization, when; president; powers.
19-618 - City council; city manager; appointment; investigatory powers of city council.
19-619 - Appropriations and expenses; revision; power of first city council.
19-620 - City council; departments and offices; control.
19-645 - City manager; how chosen; qualifications; salary.
19-646 - City manager; powers; duties.
19-647 - City manager; investigatory powers.
19-648 - City manager; bond; premium; payment.
19-662 - City manager plan; abandoning; petition; filing; election.
19-701 - Public utility; condemnation; election; resubmission.
19-702 - Court of condemnation; members; hearing; parties; notice.
19-703 - Court of condemnation; powers and duties; vacancy, how filled.
19-704 - Court of condemnation; award; appeal; procedure; effect of appeal.
19-705 - Court of condemnation; appeal; judgment; bonds.
19-706 - Court of condemnation; members; compensation; costs; witness fees.
19-707 - Powers; conferred on certain cities.
19-708 - Public utility; acquisition by city or village of distribution system; wholesale service.
19-709 - Property; acquisition for public use; limitation; purposes enumerated; procedure.
19-710 - City council action; rights of adjoining property owner.
19-801 - Transferred to section 18-1501.
19-802 - Transferred to section 18-1502.
19-803 - Transferred to section 18-1503.
19-803.01 - Transferred to section 18-1504.
19-803.02 - Transferred to section 18-1505.
19-804 - Transferred to section 18-1506.
19-805 - Transferred to section 18-1507.
19-806 - Transferred to section 18-1508.
19-807 - Transferred to section 18-1509.
19-902 - Zoning regulations; uniformity; manufactured homes; certain codes excepted.
19-904 - Zoning regulations; creation; hearing; notice.
19-904.01 - Zoning regulations; nonconforming use; continuation; termination.
19-907 - Board of adjustment; appointment; restriction on powers.
19-909 - Board of adjustment; appeals to board; record on appeal; hearing; stays.
19-910 - Board of adjustment; powers; jurisdiction on appeal; variance; when permitted.
19-911 - Board of adjustment; village board of trustees may act; exception; powers and duties.
19-912 - Board of adjustment; appeal; procedure.
19-913 - Zoning laws and regulations; enforcement; violations; penalties; actions.
19-914 - Zoning regulations; conflict with other laws; effect.
19-915 - Zoning regulations; changes; procedure; ratification.
19-917 - Additions; vacating; powers; procedure; costs.
19-918 - Additions; subdivision; plat of streets; duty of owner to obtain approval.
19-920 - Additions; subdivisions; conform to ordinances; streets and alleys; requirements.
19-921 - Subdivision, defined; where applicable.
19-922 - Standard codes; applicability.
19-923 - Notice to board of education; when; notice to military installation.
19-925 - Municipal plan; planning commission; authorized.
19-926 - Planning commission; members; term; removal; vacancies; alternate members.
19-927 - Planning commission; organization; meetings; rules and regulations; records.
19-928 - Planning commission; funds, equipment, and accommodations; limit upon expenditures.
19-929 - Planning commission; city council or village board of trustees; powers and duties; appeal.
19-931 - Interjurisdictional planning commission; members; term; vacancies.
19-932 - Interjurisdictional planning commission; creation; elimination.
19-933 - Sections; applicability.
19-1101 - City treasurer or village treasurer; report for fiscal year; publication.
19-1103 - Reports and proceedings; how published; cost.
19-1104 - Violations; penalty.
19-1301 - Sinking funds; gifts; authority to receive; real estate; management.
19-1302 - Sinking funds; purposes; tax to establish; amount of levy; when authorized.
19-1303 - Sinking fund; resolution to establish; contents; election; laws governing.
19-1304 - Sinking funds; investments authorized; limitation upon use.
19-1307 - Public utilities; combined revenue bonds; objections; submit to electors; effect.
19-1308 - Sections, how construed.
19-1309 - Public funds; all-purpose levy; maximum limit.
19-1310 - Public funds; all-purpose levy; allocation.
19-1311 - Public funds; all-purpose levy; length of time effective; abandonment.
19-1312 - Public funds; all-purpose levy; certification.
19-1401 - Municipal heat, light, and ice plants; construction; operation.
19-1402 - Municipal heat, light, and ice plants; cost; how defrayed.
19-1403 - Municipal heat, light, and ice plants; bonds; interest; amount; approval of electors; tax.
19-1404 - Municipal heat, light, and ice plants; management; rates; service.
19-1501 - Incompletely performed contracts; acceptance; tax levy; bond issue.
19-1502 - Additional authority granted.
19-1601 - Transferred to section 16-318.01.
19-1801 - Transferred to section 19-1827.
19-1802 - Transferred to section 19-1828.
19-1803 - Transferred to section 19-1829.
19-1804 - Transferred to section 19-1830.
19-1806 - Transferred to section 19-1831.
19-1807 - Transferred to section 19-1832.
19-1808 - Transferred to section 19-1833.
19-1809 - Transferred to section 19-1834.
19-1810 - Transferred to section 19-1835.
19-1811 - Transferred to section 19-1836.
19-1812 - Transferred to section 19-1837.
19-1813 - Transferred to section 19-1838.
19-1814 - Transferred to section 19-1839.
19-1815 - Transferred to section 19-1840.
19-1816 - Transferred to section 19-1841.
19-1817 - Transferred to section 19-1842.
19-1818 - Transferred to section 19-1843.
19-1819 - Transferred to section 19-1844.
19-1820 - Transferred to section 19-1845.
19-1821 - Transferred to section 19-1846.
19-1822 - Transferred to section 19-1847.
19-1823 - Transferred to section 19-1826.
19-1824 - Transferred to section 48-1209.01.
19-1829 - Employees subject to act; appointment; promotion.
19-1832 - Civil service; employees; discharge; demotion; grounds.
19-1833 - Civil service; employees; discharge; demotion; procedure; investigation; appeal.
19-1834 - Civil service; municipality provide facilities and assistance.
19-1835 - Civil service; vacancies; procedure.
19-1836 - Civil service; creation or elimination of positions.
19-1837 - Civil service; employees; salaries; compliance with act.
19-1838 - Civil service; leave of absence.
19-1839 - Civil service commission; conduct of litigation; representation.
19-1840 - Civil service; obstructing examinations.
19-1841 - Civil service; political service disregarded.
19-1842 - Municipality; duty to enact appropriate legislation; failure; effect.
19-1843 - Municipality; duty to provide quarters and equipment; failure; effect.
19-1844 - Municipality; duty to create commission; failure; effect.
19-1845 - Commission; duty to organize; rules and regulations; failure; effect.
19-1846 - Municipality; duty to make appropriation.
19-1847 - Violations; penalty.
19-1848 - Merger of commissions; agreement; applicability of act; exceptions.
19-2102 - Garbage disposal plants or systems and solid waste disposal areas; tax; when authorized.
19-2104 - Garbage disposal plants or systems and solid waste disposal areas; tax levy.
19-2105 - Garbage disposal plants or systems and solid waste disposal areas; contracts.
19-2111 - Garbage disposal; construction of section; existing facilities; zoning.
19-2202 - Error in platting; application; district court; contents.
19-2203 - Error in platting; application; order to show cause; contents; publication.
19-2204 - Error in platting; application; district court; hearing; order; appeal.
19-2301 - Parking meters; acquisition, erection, maintenance, operation; ordinance.
19-2302 - Revenue; disposition.
19-2304 - Regulation and control of parking vehicles; other means.
19-2401 - Municipal improvements; combination of projects; notice; allocation of cost.
19-2402 - Water service; sanitary sewer service; extension districts; ordinance; contents.
19-2405 - Water service; sanitary sewer service; extension districts; bonds; interest; issuance.
19-2408 - Combined improvements; legislative intent.
19-2409 - Combined improvements; authorized.
19-2411 - Combined improvements; district; creation; notice; objections.
19-2412 - Combined improvements; contract; bids; warrants; payment; interest.
19-2413 - Combined improvements; acceptance; special assessments; levy; maturity.
19-2415 - Combined improvements; act, how cited.
19-2416 - Limited street improvement district; creation; purpose; ordinance; notice; procedure.
19-2417 - Sidewalks; construct, replace, repair; districts; contract.
19-2418 - Sidewalks; construct, replace, repair; districts; special assessments; payment.
19-2420 - Sewage and water facilities; acquire by gift or purchase from federal government; rates.
19-2421 - Leases authorized; term; option to purchase.
19-2422 - Special assessment; appeal; district court; powers; tried de novo.
19-2423 - Special assessment; notice of appeal; time; bond; costs.
19-2424 - City clerk or village clerk; prepare transcript; cost; indigent appellant.
19-2425 - Special assessment; file petition on appeal and transcript with district court; time.
19-2426 - Irrigation or drainage ditch, canal, or lateral; wall, enclose, or cover; procedure.
19-2427 - Improvement district; adjacent land; how treated; special assessments.
19-2428 - Improvement district; land within agricultural use zone; how treated.
19-2429 - Agricultural land within improvement district; deferral of special assessment; procedure.
19-2501 - Transferred to section 13-1111.
19-2501.01 - Transferred to section 13-1112.
19-2502 - Transferred to section 13-1113.
19-2503 - Transferred to section 13-1114.
19-2504 - Transferred to section 13-1115.
19-2505 - Transferred to section 13-1116.
19-2506 - Transferred to section 13-1118.
19-2507 - Transferred to section 13-1117.
19-2509 - Transferred to section 13-1119.
19-2510 - Transferred to section 13-1120.
19-2511 - Transferred to section 13-1121.
19-2601 - Transferred to section 18-2101.
19-2602 - Transferred to section 18-2102.
19-2602.01 - Transferred to section 18-2102.01.
19-2603 - Transferred to section 18-2103.
19-2604 - Transferred to section 18-2104.
19-2605 - Transferred to section 18-2105.
19-2606 - Transferred to section 18-2106.
19-2607 - Transferred to section 18-2107.
19-2608 - Transferred to section 18-2108.
19-2609 - Transferred to section 18-2109.
19-2610 - Transferred to section 18-2110.
19-2611 - Transferred to section 18-2111.
19-2612 - Transferred to section 18-2112.
19-2613 - Transferred to section 18-2113.
19-2614 - Transferred to section 18-2114.
19-2615 - Transferred to section 18-2115.
19-2616 - Transferred to section 18-2116.
19-2617 - Transferred to section 18-2117.
19-2618 - Transferred to section 18-2118.
19-2619 - Transferred to section 18-2119.
19-2620 - Transferred to section 18-2120.
19-2621 - Transferred to section 18-2121.
19-2622 - Transferred to section 18-2122.
19-2623 - Transferred to section 18-2123.
19-2624 - Transferred to section 18-2124.
19-2625 - Transferred to section 18-2125.
19-2626 - Transferred to section 18-2126.
19-2627 - Transferred to section 18-2127.
19-2628 - Transferred to section 18-2128.
19-2629 - Transferred to section 18-2129.
19-2630 - Transferred to section 18-2130.
19-2631 - Transferred to section 18-2131.
19-2632 - Transferred to section 18-2132.
19-2633 - Transferred to section 18-2133.
19-2634 - Transferred to section 18-2134.
19-2635 - Transferred to section 18-2135.
19-2636 - Transferred to section 18-2136.
19-2637 - Transferred to section 18-2137.
19-2638 - Transferred to section 18-2138.
19-2639 - Transferred to section 18-2139.
19-2640 - Transferred to section 18-2140.
19-2641 - Transferred to section 18-2141.
19-2642 - Transferred to section 18-2142.
19-2643 - Transferred to section 18-2143.
19-2644 - Transferred to section 18-2144.
19-2701 - Public utilities; service outside city; authorization; limitation on length of contracts.
19-2702 - Transferred to section 70-1605.
19-2703 - Transferred to section 70-1602.
19-2704 - Transferred to section 70-1606.
19-2705 - Transferred to section 70-1607.
19-2706 - Transferred to section 70-1608.
19-2708 - Transferred to section 70-1609.
19-2709 - Transferred to section 70-1610.
19-2710 - Transferred to section 70-1611.
19-2711 - Transferred to section 70-1612.
19-2713 - Transferred to section 70-1613.
19-2714 - Transferred to section 70-1614.
19-2715 - Transferred to section 70-1615.
19-2716 - Transferred to section 70-1603.
19-2717 - Transferred to section 70-1604.
19-2904 - Annual audit; contents.
19-2906 - Accountant; prohibited disclosures; penalty.
19-2908 - Act, how construed; failure to comply, effect on taxes levied.
19-2909 - Audit; expense; payment.
19-3052 - Annexation of territory; redistricting; when.
19-3101 - City council or village board of trustees; vacancy; when.
19-3303 - Districts authorized; powers.
19-3304 - Notice; given or posted by whom.
19-3305 - Proceedings, taxes or assessments levied, bonds issued; validity.
19-3306 - Procedure authorized.
19-3307 - Remedies not exclusive.
19-3308 - Curative clauses; cumulative.
19-3309 - Alternative authority and procedure.
19-3310 - Act, liberally construed.
19-3312 - Proposed districts; boundaries; notice; objections; hearing.
19-3313 - Objections to formation of district; percentage required; effect; designation of district.
19-3314 - Costs; special assessment; notice; contents; appeal.
19-3315 - Taxes and assessments; purpose; procedure; notice; hearing.
19-3315.01 - Taxes, assessments, and revenue; use; notice; protest.
19-3316 - Assessments; delinquent; interest; notice; lien; payment.
19-3317 - Bonds, authorized; interest; rate; funding; terms; warrants.
19-3318 - Proposed offstreet parking district; petition; contents; signers; requisite number.
19-3319 - Petition; notice; protest.
19-3320 - District boundaries; change; notice; contents.
19-3321 - District boundaries; additional land; notice; mailing; protest; number required; effect.
19-3322 - District; land not included.
19-3323 - Termination of proceedings for creation or change of district by protest; effect.
19-3324 - Protest or objection; withdrawal; effect.
19-3325 - Objection or protest; estoppel.
19-3326 - Issuance of bonds; certificate by city clerk; annual taxes; collection.
19-3701 - Ordinances; effective date.
19-3801 - Contract with county board for police services; sheriff; powers; duties.
19-3802 - Villages; cancel contract with county; effect.
19-3803 - Villages; contract; cost; negotiated.
19-3804 - State and federal grants; expend.
19-3901 - Transferred to section 13-1201.
19-3902 - Transferred to section 13-1202.
19-3903 - Transferred to section 13-1203.
19-3904 - Transferred to section 13-1204.
19-3905 - Transferred to section 13-1205.
19-3906 - Transferred to section 13-1206.
19-3907 - Transferred to section 13-1207.
19-3908 - Transferred to section 13-1208.
19-3909 - Transferred to section 13-1209.
19-3909.01 - Transferred to section 13-1210.
19-3910 - Transferred to section 13-1211.
19-3911 - Transferred to section 13-1212.
19-4019 - Available funds; uses; enumerated.
19-4020 - Business improvement district; created; location.
19-4021 - Business improvement board; membership; powers; duties.
19-4022 - Business improvement board; members; terms; vacancy.
19-4023 - Utility facility within district; construct or alter; approval required; when.
19-4025 - Transferred to section 19-4029.01.
19-4026 - Hearing to create a business improvement district; call by petition.
19-4027 - Hearing to create a business improvement district; city council; duties; protest; effect.
19-4028 - Proposed business improvement district; boundary amendment; hearing continued; procedure.
19-4029.01 - Notice of hearing; manner given; contents; notice to neighborhood association.
19-4029.03 - Hearing; call by petition.
19-4029.04 - Hearing; city council; duties; protest; effect.
19-4032 - Business improvement district; additional assessment or levy; when; procedure.
19-4033 - Special assessments or taxes; limitations; effect.
19-4035 - Business improvement district; dissolution; procedure.
19-4036 - Dissolved district; assets; disposition.
19-4037 - Funds and grants; use.
19-4038 - Districts created prior to May 23, 1979; governed by act.
19-4301 - Public streets and sidewalks; sale of services or goods; permitted; closure; conditions.
19-4401 - Transferred to section 18-3001.
19-4501 - Transferred to section 18-1216.
19-4625 - Eminent domain authorized.
19-4628 - Resolution of intent.
19-4629 - Resolution of intent; contents.
19-4630 - Resolution of intent; public hearing.
19-4631 - Condemnation motion.
19-4632 - Court of condemnation; establishment.
19-4633 - Court of condemnation; procedure.
19-4634 - Court of condemnation; powers and duties; costs.
19-4635 - Court of condemnation; finding of value; procedure; appeal; abandonment; when.
19-4638 - Voter approval; effect.
19-4639 - Voter approval; time restrictions.
19-4641 - Condemnation; relinquishment authorized.
19-4642 - Contract authorized.
19-4644 - Contract; review by Public Service Commission.
19-4701 - City of metropolitan class or primary class; powers.
19-4801 - Transferred to section 18-1757.
19-4901 - Judicial proceedings; bond not required.
19-5001 - Written notice of proposed annexation; manner; contents; liability; limitation on action.
19-5101 - Investment of public endowment funds; manner.
19-5201 - Transferred to section 18-3401.
19-5202 - Transferred to section 18-3402.
19-5203 - Transferred to section 18-3403.
19-5204 - Transferred to section 18-3404.
19-5205 - Transferred to section 18-3405.
19-5206 - Transferred to section 18-3406.
19-5207 - Transferred to section 18-3407.
19-5208 - Transferred to section 18-3408.
19-5209 - Transferred to section 18-3409.
19-5210 - Transferred to section 18-3410.
19-5211 - Transferred to section 18-3411.
19-5212 - Transferred to section 18-3412.
19-5213 - Transferred to section 18-3413.
19-5214 - Transferred to section 18-3414.
19-5215 - Transferred to section 18-3415.
19-5216 - Transferred to section 18-3416.
19-5217 - Transferred to section 18-3417.
19-5218 - Transferred to section 18-3418.
19-5302 - Legislative findings and declarations.
19-5304 - Riverfront development district; ordinance; contents; revenue; boundaries.
19-5305 - Riverfront development authority; members; officers; vacancy; meetings; powers.
19-5306 - Authority; powers; city; power.
19-5307 - Authority; acquire property; limitations.
19-5309 - Conflict of interest.
19-5311 - Bonds; issuance; procedure; liability.
19-5314 - Hearing; notice; manner; decision; appeal.
19-5315 - Additional assessment or levy; procedure.
19-5316 - Records; meetings; reports.
19-5317 - Dissolution of district; procedure; notice.
19-5402 - Legislative findings and declarations.
19-5405 - Vacant property registration ordinance; adoption by municipality.
19-5406 - Registration of property; duty of owner; information required; fee; exemptions.
19-5407 - Vacant property registration ordinance; contents; program administrator; powers.
19-5408 - Supplemental provisions.
19-5502 - Legislative findings.
19-5504 - Affordable housing; report; contents.
19-5505 - Affordable housing action plan; required; failure to adopt; effect.
19-5604 - Extreme weather event; extraordinary costs; grant; application.
19-5605 - Municipal Natural Gas System Emergency Assistance Fund; created; use; investment.