76-710.04 Economic development purpose; restriction on use of eminent domain. - Nebraska Statutes

76-710.04. Economicdevelopment purpose; restriction on use of eminent domain.(1) A condemner may not take property through the use of eminentdomain under sections 76-704 to 76-724 if the taking is primarily for an economicdevelopment purpose.(2) For purposes of this section, economic development purposemeans taking property for subsequent use by a commercial for-profit enterpriseor to increase tax revenue, tax base, employment, or general economic conditions.(3) This section does not affect the use of eminent domainfor:(a) Public projects or private projects that make all ora major portion of the property available for use by the general public orfor use as a right-of-way, aqueduct, pipeline, transmission line, or similar use;(b) Removing harmful uses of property if such uses constitutean immediate threat to public health and safety;(c) Leasing property to a private person who occupies anincidental part of public property or a public facility, such as a retailestablishment on the ground floor of a public building;(d) Acquiring abandoned property;(e) Clearing defective property title;(f) Taking private property for use by a utility or railroad;(g) Taking private property based upon a finding of blightedor substandard conditions under the Community Development Law if the privateproperty is not agricultural land or horticultural land as defined in section 77-1359; and(h) Takingprivate property for a transmission line to serve a privately developed facilitygenerating electricity using wind, solar, biomass, or landfill gas. Nothingin this subdivision shall be construed to grant the power of eminent domainto a private entity. SourceLaws 2006, LB 924, § 2; Laws 2010, LB1048, § 9.Effective Date: July 15, 2010 Cross ReferencesCommunity Development Law, see section 18-2101.