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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Rights of Landowners in Nebraska Condemnation Law

According to Nebraska condemnation laws, also known as eminent domain, the government has the right to take land from private landowners if they have a justified reason that will serve the greater public. The government can look to gain lands for reasons such as creating parks, roads, natural resources, and more, to help the community. However, the government cannot simply come in and take land from property owners unlawfully. There are procedures that must be followed and rights that all landowners possess.

What Nebraska Landowners Are Owed in Eminent Domain Cases

  1. The first right that Nebraska landowners have is that they must be notified in the case of a condemnation pursuit. The government cannot just take the land. They must tell the landowner of their intentions and why they need the land. The reason must be valid and proven to benefit the public.
  2. The landowner has the right to question and appeal values estimated by the appraiser hired by the county. Landowners have the right to hire their own evaluator to judge the value of the property, to make sure that judgments are fair. The appeal report must be filed within 30 days of the appraiser’s statement.
  3. The government can also be challenged if the property owners believe that the grounds on which their land is being taken is not valid. If contested, it is the government’s duty to prove that the land really will better the public as a whole. If landowners can disprove their reasons, the eminent domain proceedings can be stopped.
  4. Regardless of the reason for the government taking the land, the property owners have the right to just compensation. That means that the government must fairly compensate the owners for taking their property. It might be useful to hire an appraiser to make sure that the government’s offer is fair.

Fighting Back Against Eminent Domain

If you believe that the government does not have just cause to take your land, contact our experienced Nebraska trial attorneys today. They can help you learn your legal rights and see if you have grounds for a case.

Categories: Condemnation

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