Eminent Domain Information Center
Welcome to our Eminent Domain Information Center. This portion of our site has been designed to offer helpful insight and information regarding eminent domain laws in Nebraska. You can learn more about your rights as a property owner, what the state can and can't do to acquire your property, what compensation you may be entitled to receive and much more. In addition to reviewing the information here, you can always call our firm or fill out our online case evaluation form to arrange a free consultation with one of our lawyers. At DominaLaw Group, we put your needs first in the fight to protect your land from condemnation.
About Eminent Domain Laws in Nebraska
Eminent domain refers to a government's right to take public property for public purposes, even without the owner's consent. Though the government may acquire the property, it must provide just compensation to the owner and must follow certain steps for the acquisition to be legal. The issue of eminent domain is addressed in the United States Constitution and is also addressed by individual state laws. In Nebraska, eminent domain laws can be found in Nebraska Revised Statutes, Article 7, Chapter 76. They are also addressed in Section X-6 of the Nebraska Constitution.
Click on any of the subjects listed below to be directed to a page dedicated to that specific topic:
What are my rights?
As a property owner, you have rights. Though the government can take your property even without your consent under eminent domain laws, you are entitled to just compensation. The government must also take specific steps to acquire the property. The full protection of your rights is crucial if you are facing property or land loss. In some cases, there may be a way to stop the proceedings, or, at the very least, you can pursue fair financial compensation.
Common Questions
It is natural to have questions about condemnation and eminent domain, particularly if you are a landowner affected by these laws. We have put together a page of frequently asked questions and helpful answers to provide basic information about this important subject. If you do not see your question listed there, you can always contact our firm to talk to an attorney.
Eminent Domain Examples
Because eminent domain is a complex subject, one of the best ways to get an idea of how it works it to look at past and current examples. From the proposed TransCanada pipeline that is currently affecting Nebraska property owners to notable cases in U.S. history, you can review how these have impacted not only landowners but current laws as well.
Types of Compensation
The compensation a property owner is entitled to under eminent domain should include any and all damages that he or she may experience as a result of the property loss. This may include the property or land itself as well as any other impact that the lost property may have on income, crops or cattle, depending on what the land was used for.
Condemnation
Condemnation is defined as the seizure of property by a public authority for a public purpose. If a person owns property or land in a place that is designated for some form of public purpose, the government may exercise the power of eminent domain to acquire that property, even if the property owner does not give consent. The public authority, however, must offer just compensation and follow due process of the law.
Contact an Omaha Eminent Domain Attorney
There is no question that this is a complicated subject. Make sure you know your rights and involve an attorney if you believe these are jeopardized in any way. Contact an Omaha eminent domain attorney at DominaLaw Group for a confidential, free case evaluation.