In connection with the acquisition of lands, property or interests therein for state highway purposes, the department may, in its discretion, acquire, by any lawful means except through the exercise of eminent domain, an entire lot, block, or tract of land or property if, by so doing, the interests of the public will be best served, even though said entire lot, block, or tract is not immediately needed for state highway purposes. Without limiting the same hereby, this may be done where uneconomic remnants of land would be left the original owner or where severance or consequential damages to a remainder make the acquisition of the entire parcel more economical to the state; Provided, that when any such property or land is left without access to a road, and the cost of acquisition of such landlocked property or land through the exercise of eminent domain would be more economical to the state than the cost of providing a means of reasonable ingress to or egress from the property or land, the state may, in its discretion, acquire such landlocked property or land thereof by eminent domain.

Source

  • Laws 1955, c. 148, § 21, p. 427;
  • Laws 1961, c. 181, § 6, p. 538.

Terms Used In Nebraska Statutes 39-1321

  • Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Highway: means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. See Nebraska Statutes 39-101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801