Moody's Inc. v. State, Dept. of Roads
| Decision Date | 28 June 1978 |
| Docket Number | No. 41593,41593 |
| Citation | 201 Neb. 271,267 N.W.2d 192 |
| Parties | MOODY'S INC., a Nebraska Corporation, Lessee, Appellant, v. STATE of Nebraska, DEPARTMENT OF ROADS, Appellee. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
If there is an issue between the parties as to whether good faith negotiations took place before condemnation proceedings were begun, the issue should be tried to the court and determined as a preliminary matter before proceeding to trial on the matter of damages.
Smith, Smith & Boyd, South Sioux City, for appellant.
Paul L. Douglas, Atty. Gen., Warren D. Lichty, Jr. and Gary R. Welch, Asst. Attys. Gen., Lincoln, for appellee.
Heard before WHITE, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and HASTINGS, District Judge.
The sole question presented in this appeal is whether the parties are entitled to a jury trial on the issue of whether the State condemner made a good faith offer of settlement under the statutory requirement in condemnation actions.
The briefs in this case were filed and the case was at issue before this court on November 10, 1977. Our decision in Suhr v. City of Seward, 201 Neb. 51, 266 N.W.2d 190, was filed on May 24, 1978, and is dispositive of the issue raised by the appellant-condemnee. In Suhr v. City of Seward, supra, the precise question presented was disposed of by this court, as follows: "The burden is upon the condemner to allege and prove that before commencing condemnation proceedings a good faith attempt was made to agree with the owner of the land as to the damages the owner was entitled to receive. Higgins v. Loup River P. P. Dist., 159 Neb. 549, 68 N.W.2d 170. This requirement is in the nature of a condition precedent to the right to condemn. Dzur v. Northern Indiana Public Service Co., 257 Ind. 674, 278 N.E.2d 563; Board of County Commissioners v. Highland Mobile Home Park, Inc. (Colo.App.), 543 P.2d 103. The requirement is satisfied by proof of an offer made in good faith with a reasonable effort to induce the owner to accept it.
If there is an issue between the parties as to whether good faith negotiations took place before condemnation proceedings were begun, the issue should be tried to the court and determined as a preliminary matter before proceeding to trial on the matter of damages. See, Lieberman v. Chicago & S. S. R. T. R. R. Co., 141 Ill. 140, 30 N.E. 544; State v. Bair, 83 Idaho 475, 365 P.2d 216; Dzur v. Northern Indiana Public...
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In re SID No. 384 of Douglas County
...1996) provides that the condemnor may take land for public use only "[a]fter negotiations have failed...." In Moody's Inc. v. State, 201 Neb. 271, 272, 267 N.W.2d 192, 193 (1978), we stated: "`The burden is upon the condemner to allege and prove that before commencing condemnation proceedin......
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Pinnacle Enters., Inc. v. City of Papillion, Corp.
...and 25–906 (Reissue 2008). 2. See, SID No. 1 v. Nebraska Pub. Power Dist., 253 Neb. 917, 573 N.W.2d 460 (1998); Moody's Inc. v. State, 201 Neb. 271, 267 N.W.2d 192 (1978); Suhr v. City of Seward, 201 Neb. 51, 266 N.W.2d 190 (1978). See, also, Krupicka v. Village of Dorchester, 19 Neb.App. 2......
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State v. Hipp
...commencing the trial on the merits of the condemnation suit to determine just compensation due. See, e.g., Moody's Inc. v. State, 201 Neb. 271, 267 N.W.2d 192, 193 (1978); State v. Bair, 83 Idaho 475, 365 P.2d 216, 217-19 (1961); County Bd. of School Trustees v. Boram, 26 Ill.2d 167, 186 N.......
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Krupicka v. Vill. of Dorchester, A–11–044.
...§ 76–704.01(6) (Reissue 2009). This requirement is in the nature of a condition precedent to the right to condemn. Moody's Inc. v. State, 201 Neb. 271, 267 N.W.2d 192 (1978). The requirement is satisfied by proof of an offer made in good faith with a reasonable effort to induce the owner to......