Nebraska Condemnation Attorney

About Condemnation

Condemnation is defined as the seizure of property by a public authority for a public purpose. Although such property may be rightfully owned by an American citizen, the government has the ability to acquire this property if it is to be used to address a public need or for public good. The government cannot simply take the property; they must follow certain procedures and must compensate the landowner, in accordance with eminent domain laws.

Condemned property (property that is to be acquired for public use) must be appraised by the condemner (the public authority/government) to determine its fair market value and any economic losses the condemnee (landowner) may experience by losing the property. The condemner will then offer the condemnee a certain amount of money to purchase the property and the two parties may wish to negotiate the price, in a similar manner as to how a regular buyer and seller would negotiate. If the condemnee does not feel that the condemner's offer is fair and reasonable, the condemnee may decline the offer.

Declining the government's offer to purchase condemned property does not automatically mean that the property owner will get to keep the land. The government may move forward with condemnation proceedings by filing a lawsuit in the court of the county in which the property is located. Even without the landowner's consent, the government may take condemned property (though the landowner must still be compensated.)

Fighting Back Against Condemnation

In Nebraska, the government has the right to acquire property for state use, but there are specific steps that must be taken. Nebraska Revised Statues §76-725 (2011) states, "The State of Nebraska may acquire, by eminent domain, lands necessary for any state use. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724."

If the government does not follow procedure and takes, uses or damages property without properly undergoing condemnation proceedings, the property owner may be able to seek financial compensation or other remedies by filing a petition with the county judge in the county in which the property is located.

A property owner may also be able to fight condemnation by successfully proving that the government does not meet public purpose or public necessity requirements. The public authority that wishes to acquire condemned property must prove that the property will be used for the benefit of the public. Even if the grounds for condemnation cannot be challenged, the property owner has the right to seek just compensation for his or her land. This may include more than just the value of the land itself but any related losses that the property owner may experience by losing the use of the land.

Protecting Landowners in Nebraska

At DominaLaw Group, our trial lawyers litigate on behalf of property owners across Nebraska facing condemnation proceedings under eminent domain. The government does not have unlimited power when it comes to acquiring property for public use. They must follow the rules and must properly compensate the owner for the land. Involving the use of trusted, experienced appraisers, investigators, support staff and expert witnesses, we build strong cases that hold up in court. Our team never backs away from an opponent when our client is in the right. We bring everything into the courtroom to present our case in a clear and convincing manner.

If you would like to learn more about condemnation and eminent domain in Nebraska, now is your chance to contact an attorney at DominaLaw Group. We look forward to answering your questions and helping you gain insight on this important issue.