76-717. Appeal; transcript; fees; filing; delay in acquisition of property; deposit of award, effect.

Within thirty days after the filing of such notice of appeal, the county judge shall prepare and transmit to the clerk of the district court a duly certified transcript of all proceedings had concerning the parcel or parcels of land as to which the particular condemnee takes the appeal upon payment of the fees provided by law for preparation thereof. When notice of appeal is filed by both the condemner and the condemnee, such transcript shall be prepared only in response to the first notice of appeal. The transcript prepared in response to the second notice of appeal shall contain only a copy of such notice and the proceedings shall be filed in the district court as a single cause of action.

The filing of the notice of appeal shall confer jurisdiction on the district court. The first party to perfect an appeal shall file a petition on appeal in the district court within fifty days after the filing of the notice of appeal. If no petition is filed, the court shall direct the first party to perfect an appeal to file a petition and impose such sanctions as are reasonable. The appeal shall be tried de novo in the district court. Such appeal shall not delay the acquisition of the property and placing of same to a public use if the condemner shall first deposit with the county judge the amount assessed by the appraisers.

Source

Annotations

The timely filing of an affidavit of service as required by section 76-715.01 is not jurisdictional, but instead is merely directory. As is stated by this section, the act which confers jurisdiction on the district court in a condemnation action is the filing of the notice of appeal. Wooden v. County of Douglas, 275 Neb. 971, 751 N.W.2d 151 (2008).

In a de novo trial in district court to determine a landowner's damages caused by eminent domain, evidence of damages assessed by the appraisers is not substantive evidence in the district court trial. Rose v. City of Lincoln, 223 Neb. 148, 388 N.W.2d 127 (1986).

The procedure for appealing from an award of the appraisers in an eminent domain proceeding was not modified by L.B. 1032, Laws 1972. Estate of Tetherow v. State, 193 Neb. 150, 226 N.W.2d 116 (1975).

Transcript shall be prepared and transmitted to the Clerk of the Supreme Court within thirty days after the notice of appeal and no reference is made herein to the filing of an undertaking or including it in the transcript. Neumeyer v. Omaha Public Power Dist., 188 Neb. 516, 198 N.W.2d 80 (1972).

Condemnee is designated as plaintiff in district court and condemner as defendant. Mathis v. State, 178 Neb. 701, 135 N.W.2d 17 (1965).

Upon appeal, landowner seeking to recover damages is designated as plaintiff. State v. Dillon, 174 Neb. 560, 119 N.W.2d 87 (1962).

Filing of pleadings and framing of issues in district court are contemplated. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954); Scheer v. Kansas-Nebraska Natural Gas Co., 158 Neb. 668, 64 N.W.2d 333 (1954).

Petition on appeal must be filed within fifty days from giving notice of appeal. City of Seward v. Gruntorad, 158 Neb. 143, 62 N.W.2d 537 (1954).