Nebraska Statutes 39-1322. Acquisition of additional property; buildings; exchange or replacement of property
The department may acquire additional real property by gift, agreement, purchase, exchange, or condemnation if such additional real property is needed for the purpose of moving and establishing thereon buildings, structures, or other appurtenances which are situated on real property required by the department for highway purposes. When found to be in the public interest, the department is authorized to provide replacement real property, either lands or facilities, or both, for property in public ownership acquired as a result of a highway or highway-related project which will provide equivalent utility, for that acquired for the project. The department shall have authority to make agreements for the exchange of property, to make allowances for differences in the value of the properties being exchanged, and to move or pay the cost of moving buildings, structures, or other appurtenances.
Source
- Laws 1955, c. 148, § 22, p. 427;
- Laws 1979, LB 568, § 1.
Terms Used In Nebraska Statutes 39-1322
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.