Can private individuals use eminent domain?

The short answer is no; in Nebraska, eminent domain is a power reserved to the state and its political subdivisions such as counties, cities, and school districts. Generally speaking, private individuals have no legal right to use eminent domain. In Nebraska, the state and its political subdivisions have the exclusive power to exercise the right of eminent domain. This means that they have the authority to take private property for public use upon payment of just compensation, as provided by law. It is important to note, however, that the property must be taken for a "public purpose," which typically includes building roads, constructing government buildings, and other activities that benefit the community. In other words, the power of eminent domain must be used for a greater good. Private individuals have no legal right to use eminent domain, even if they are attempting to do something of benefit to the public. To exercise eminent domain, private individuals would need to get express permission from the state or its political subdivisions. And even if permission is granted, the individual would still need to pay just compensation to the property owner in order to take the property. Therefore, while private individuals may attempt to use eminent domain in Nebraska, they generally do not have the legal right to do so and must seek permission from the state or municipal entity with the power to do so.

Related FAQs

Are there any restrictions on the amount of time allotted for a taking?
How does the government determine the fair market value of my property?
How does the government determine the public use of a taking?
Can an owner of property refuse to sell to the government?
What is the difference between a voluntary sale and a forced sale?
What is the difference between a public use and economic development?
What is the difference between value for tax purposes and market value?
What is the difference between market value and fair market value?
What is the difference between a public purpose and a public use?
What is the timeline of the eminent domain process?

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