2017 Nebraska Revised Statutes
Chapter 79 - SCHOOLS
79-1096 Eminent domain; amount and character of land authorized to be taken; public hearing; notice.
79-1096. Eminent domain; amount and character of land authorized to be taken; public hearing; notice.
Not more than fifty acres for a school site may be taken under the provisions of section 79-1095. Public parks and county or district fairgrounds shall not be subject to be so taken. A public hearing shall be held on the question of such taking. Notice of such public hearing shall be given once each week for three successive weeks prior to the hearing in a legal newspaper published in or of general circulation in the county. Such notice shall include the purpose and location of the hearing.
Source
- Laws 1921, c. 51, § 8, p. 224;
- C.S.1922, § 6493;
- C.S.1929, § 79-1708;
- R.S.1943, § 79-1708;
- Laws 1949, c. 256, § 152, p. 744;
- Laws 1951, c. 101, § 120, p. 503;
- Laws 1951, c. 295, § 1, p. 975;
- Laws 1953, c. 318, § 1, p. 1051;
- Laws 1959, c. 382, § 3, p. 1325;
- Laws 1973, LB 252, § 1;
- R.S.1943, (1994), § 79-4,114;
- Laws 1996, LB 900, § 742.
Annotations
Where publication and notice requirements of the public hearing required were not strictly complied with, plaintiffs are nevertheless precluded from bringing an action to contest the validity of the proceedings where plaintiffs have received and accepted their eminent domain award. Duffey v. School Dist. No. One of Washington County, 200 Neb. 702, 265 N.W.2d 212 (1978).
A school district has the power of eminent domain, and the only legislative restrictions limit the school site to fifty acres, and public parks and fairgrounds may not be condemned. Father Flanagan's Boys' Home v. Millard School Dist., 196 Neb. 299, 242 N.W.2d 637 (1976).
