Nebraska Statutes 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
- Laws 1919, c. 188, § 4, p. 425;
- C.S.1922, § 4603;
- C.S.1929, § 19-704;
- Laws 1941, c. 26, § 4, p. 125;
- C.S.Supp.,1941, § 19-711;
- R.S.1943, § 19-704;
- Laws 2019, LB193, § 60.
Terms Used In Nebraska Statutes 19-704
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.