A city of the primary class shall have the power to acquire, either temporarily or
permanently, lands, real or personal property, or any interests therein, or any easements
deemed to be necessary or desirable for any present or future necessary or authorized
public purpose within or without the city by gift, agreement, purchase, condemnation,
or otherwise. In all such cases the city shall make the person or persons whose property shall
be taken or injured thereby adequate compensation therefor. The procedure to condemn property shall be exercised in the manner set forth in
sections 76-704 to 76-724. A city of the primary class shall have authority to enter upon any property to make
surveys, examinations, investigations, and tests, and to acquire other necessary and
relevant data in contemplation of establishing a location of a necessary or authorized
public purpose, acquiring property therefor, or performing other operations incident
to construction, reconstruction, or maintenance of such public purpose, and entry
upon any property pursuant to this authority shall not be considered to be a legal
trespass and no damages shall be recovered on that account alone. In case of any actual or demonstrable damages to the premises, the city shall pay
the owner of the premises the amount of the damages. Upon the failure of the landowner and the city to agree upon the amount of damages,
the landowner, in addition to any other available remedy, may file a petition as provided
for in section 76-705. The entry by the city or its representatives shall be made only after notice of
the entry and its purpose.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.