EMINENT DOMAIN - NEBRASKA

Sanitary and Improvement District No. 596 of Douglas County v. THG Development, L.L.C.

Supreme Court of Nebraska - February 16, 2024 - N.W.3d - 315 Neb. 926 - 2024 WL 649268

County sanitary and improvement district (SID) filed petition in county court seeking condemnation of portion of landowner’s property that was outside SID boundaries.

After landowner was awarded $56,390 for the taking, landowner appealed.

The District Court entered judgment upon jury verdict and denied landowner’s motion for new trial. In second case, SID sought to levy a special assessment, and landowner counterclaimed for declaratory relief. The District Court granted landowner’s motion for summary judgment in part and denied motion for attorney fees. Landowner appealed in first case, SID appealed and landowner cross-appealed in second case, and appeals were consolidated.

In a case of first impression, the Supreme Court held that:



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