Are there any restrictions on the amount of time allotted for a taking?

In Nebraska, the amount of time allotted for a taking of property through eminent domain is usually limited. Generally speaking, the government agency involved in a taking is only allowed one year from the date of its notice of intent to take property to complete the taking. In some cases, however, it is possible for the government to extend the taking period. These extensions are usually made when the government needs more time to acquire the funds for the purchase or needs more time to conduct a study or complete an appraisal. Any extension must be approved by the court, and the approval will usually be granted only if the agency can demonstrate a legitimate need for more time. It is also important to note that in Nebraska, the government does not have an absolute right to use eminent domain. The Supreme Court of Nebraska has recognized that the taking of property through eminent domain should be done only as a last resort, and only when the taking is in the public’s best interest. In order to do this, the government must exhaust all other available options before they can proceed with a taking.

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