76-714 Condemnation; interest acquired; when effective.
76-714. Condemnation; interest acquired; when effective.The interest in the property acquired by the condemner shall be such title, easement, right-of-way, or use as is expressly specified in or necessarily contemplated by the law granting to the condemner the right to exercise the power of eminent domain. The condemner shall not dispossess the condemnee until the condemner is ready to devote the property to a public use, and such title or interest as the condemner seeks to acquire shall not be complete until the property is put to the public use for which taken. SourceLaws 1951, c. 101, § 14, p. 455. AnnotationsCondemnation by natural resources district limited to only property required for a present public purpose under existing present plan. Krauter v. Lower Big Blue Nat. Resources Dist., 199 Neb. 431, 259 N.W.2d 472 (1977).Where eminent domain proceeding was pending in which question of abandonment and its effect could be determined, action for declaratory judgment on claimed abandonment should have been dismissed. Zarybnicky v. County of Gage, 196 Neb. 210, 241 N.W.2d 834 (1976).