3-203 Municipality; property, territorial or extraterritorial; acquire; right of eminent domain; procedure; effect. - Nebraska Statutes

3-203. Municipality; property, territorial or extraterritorial; acquire; right of eminent domain; procedure; effect.Property needed by a municipality for an airport or restricted landing area, for the enlargement of either, or for other airport purposes may be acquired by purchase, gift, devise, lease, or other means, if such municipality is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation. Full power to exercise the right of eminent domain for such purposes is hereby granted every municipality both within and without its territorial limits. For all property which is to be acquired by a city of the metropolitan class outside of its zoning jurisdiction, approval must be obtained from the county board of the county where the property is located before the right of eminent domain may be exercised. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. The title to real property so acquired shall be in fee simple, absolute, and unqualified in any way. The fact that the property needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the municipality by the exercise of the right of eminent domain herein conferred. It shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken. SourceLaws 1945, c. 34, § 2(2), p. 157; Laws 1947, c. 7, § 1, p. 69; Laws 1951, c. 101, § 27, p. 458; Laws 1981, LB 354, § 1. Cross ReferencesFor acquisition of aviation fields by cities and villages through eminent domain, see section 18-1501. AnnotationsWhere but one municipality is involved and charter thereof prescribes procedure for condemnation, that procedure must be followed. Spencer v. Village of Wallace, 153 Neb. 536, 45 N.W.2d 473 (1951).