What is the process for determining the public use of my property?

In Nebraska, the process for determining the public use of someone’s property generally begins with the state propositioning the property owner for an assignation for the stated purpose of public use. The owner may receive an offer for the fair market value of the property, and, if accepted, will receive compensation for the property. If the property owner does not accept the offer or cannot come to an agreement, the state may initiate the process of eminent domain, which allows the state to take ownership of the property for the public’s use without the owner’s permission. This process requires the state to petition the court for permission to seize the property. To determine the public use of the property, a hearing is held in the county court. The court considers evidence such as appraisals and reports prepared by experts, regarding the proposed development. The court will weigh the public’s needs against the owner’s concerns, balancing the two to make the judgement as to the public use of the property. The ruling from the court will determine if the state is permitted to take ownership of the property. Furthermore, the court can also decide the amount of compensation the landowner should receive if the state is granted ownership of their property. Depending on the facts of the case, the court may decide in favor of the state, the property owner, or some combination of the two.

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What is the process for determining the public use of my property?

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