What is the Condemnation Procedure?

The condemnation procedure is the legal process by which a government takes private property owned by a piece of land or person and turns it into a public use, in accordance with eminent domain law in Nebraska. The procedure starts when the government agency sends a Notice of Intention to Condemn. This notice informs the property owner that their property is being taken for public use. After the notice has been served, negotiations start between the government agency and the property owner. The property owner is entitled to receive just compensation for the taking of their property. The amount of compensation will be determined by an appraisal of the property. The amount must be equivalent to what a willing buyer would pay in a fair and open market. The government agency may also file a Petition of Condemnation with the court, which will move the process along if the negotiations have not been successful. The trial will result in a finding of just compensation for the property owner. Once the court has made its decision, the government agency takes possession of the property. The government agency is required to pay the compensation to the property owner stipulated by the court. The property is then used for public purposes, such as a road, building, or park. The condemnation procedure is a very detailed legal process and can be complex and lengthy. Property owners should consult legal counsel if they receive a Notice of Intention to Condemn.

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What is the Condemnation Procedure?

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