What is a declaration of taking?

A declaration of taking is an act performed by the government or an agency under the power of eminent domain in Nebraska. In this act, the government or agency declares its intent to acquire private property for a public purpose. The declaration is filed with the court and serves as formal notice to the property owner. When this declaration is filed, the government or agency takes control of the property. The property is then appraised according to an approved appraisal method and the owner is entitled to receive just compensation from the government or agency. The just compensation amount is either agreed upon or determined by the court. The court will also determine the rights of the owner and any tenant occupying the property. It is important to note that the property owner is not required to accept the just compensation offered when a declaration of taking is filed. Instead, they may dispute the amount in court. Furthermore, they may also sue the government or agency for damages caused by the taking of the property. The declaration of taking is an important part of the eminent domain process. It serves to inform the property owner of the government or agency’s intent to acquire their property and provides them with a remedy for compensation.

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What is a declaration of taking?

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