Well, we´re not really sure--and because the interface between the citizen and the government is not exactly "wysiwyg" we would strongly suggest professional legal advice should the condemnation man show up at your door. We did extract a few things from the state´s searchable database of the state code, and list them below.
All of this makes us even more uncomfortable with the new cost data for the Western Transportation Corridor--we can´t see how the state can do all these things if the cost of acquisition of residential properties is $16,000 per acre! In fact, we are not sure at that price how they can do any of these things!
§ 25-46.7 Petition for condemnation
(Effective July 1, 1997)
The petition for condemnation shall contain:
(a) A caption wherein the person or entity vested by law with power to exercise the right of eminent domain shall be the petitioner, and the named defendants shall be at least one of the owners of some part of or an interest in the property to be taken or damaged, and the property to be taken designated generally by kind, quantity and location.
(b) Short and plain statements of the following:
1. The authority for the taking; provided, however, no public utility shall be required to obtain, as a prerequisite to its filing of its petition for the condemnation of property necessary for ordinary extensions or improvements of its facilities within the territory in which it is lawfully authorized to operate, for use in public utility service, a certificate from the State Corporation Commission under the Utility Facilities Act, Chapter 10.1 (§ 56-265.1 et seq.) of Title 56;
2. The necessity for the work or improvements to be made;
3. The public uses for which the property is to be taken;
4. A description of the work or improvements to be made; and where only a portion of the property is to be taken or where any other property will or is likely to be damaged as the result of the taking, a plat, drawing or plan, in sufficient detail to disclose fairly the nature of such work or improvements, including specifications, elevations and grade changes, if any, so as to enable the owner of such property to be reasonably informed of the nature, extent and effect of such taking and the construction and operation of such works and improvements, shall be attached as an exhibit to the petition;
5. The estate, interest or rights to be taken in the property;
6. A description of the property to be taken sufficient for its identification and a plan or plat of the land to be taken shall be attached as an exhibit to the petition;
7. As to each separate piece of property to be taken or damaged, the names and residences, so far as known by petitioner, of the defendants who are joined as owners thereof, or of some interest therein, whose names can be ascertained by a reasonably diligent search of the records, considering the character and value of the property involved and the interests to be acquired, and also those whose names have otherwise been learned; other persons or classes of persons, where the names are unknown, may be made defendants under the designation of "Unknown Owners";
8. Compliance with the provisions of § 25-46.5 and the manner of such compliance; and
9. Where applicable, compliance with the provisions of § 25-233 and the manner of such compliance.
(c) A prayer asking for judgment that the property or the estate, interest or rights therein be condemned and the title thereto vested in the petitioner, and that just compensation for the property to be taken and the damages, if any, as a result of the taking and use by the petitioner, beyond the peculiar benefits, if any, by reason of such taking and use by the petitioner, be ascertained and awarded, and for such other relief as may be lawful and proper.
(d) Where applicable, there may be included in the petition facts and circumstances on the basis of which the petitioner desires to obtain the right of entry as provided in § 25-46.8 or as provided in any charter and a prayer asking for such right of entry.
(e) The petition shall be verified by affidavit of a duly authorized officer, agent or attorney for the petitioner.
(f) There may be joined in the same petition one or more separate pieces, tracts, parcels or lots of land, whether in the same or different ownership and whether or not sought for the same use; provided, however, the court, on its own motion or on motion of any party in furtherance of convenience or to avoid prejudice, may order a severance and separate trial of any claim or claims or of any issue or issues.
(g) The petitioner shall furnish the clerk one copy of the petition and all exhibits thereto and such additional copies of the petition as may reasonably be needed by the clerk or any defendant.
§ 25-248 General rules for conduct of acquisition
Whenever real property is acquired by a state agency, on or after April 10, 1972, in connection with any programs or projects, such acquisition shall be conducted, to the greatest extent practicable, in accordance with the following provisions:
(a) An agency shall make every reasonable effort to acquire expeditiously real property by negotiation.
(b) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property.
(c) Before the initiation of negotiations for real property, the state agency concerned shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency's approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for the amount it established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.
(d) No owner shall be required to surrender possession of real property before the agency concerned pays the agreed purchase price, or deposits with the state court in accordance with applicable law, for the benefit of the owner, an amount not less than the agency's approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property.
(e) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available), or to move his business or farm operation, without at least ninety days´ written notice from the agency concerned, of the date by which such move is required.
(f) If the agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term for a period subject to termination by the state agency on a short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.
(g) In no event shall the agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.
(h) If any interest in real property is to be acquired by exercise of the power of eminent domain, the agency concerned shall institute formal condemnation proceedings. No agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.
(i) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the agency concerned shall offer to acquire the entire property.
§ 25-247
Authority of agency where replacement housing not available; requiring person to move
A. If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and it is determined by the acquiring agency that such housing cannot otherwise be made available, such agency may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project.
B. No person shall be required to move from his dwelling on account of any project, unless the agency head is satisfied that replacement housing, in accordance with subdivision 3 of subsection C of § 25-242, is available to such person.
§ 25-250
Reimbursement of owner for costs, etc., when condemnation proceeding is abandoned or decision is against condemnation
Where a condemnation proceeding is instituted by a state agency, on or after April 10, 1972, to acquire real property for such use and (1) the final judgment is that the real property cannot be acquired by condemnation or (2) the proceeding is abandoned, the owner of any right, title or interest in such real property shall be paid such sum as will, in the opinion of the court, reimburse such owner for his reasonable costs, disbursements, and expenses including reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. The award of such sums will be paid by the state agency which sought to condemn the property.
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