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eBook details

• Title: Prairie View Telephone Company v. County
• Author : Supreme Court of Nebraska
• Release Date : January 03, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is an eminent domain proceeding brought by the County of Cherry to condemn real estate owned by the appellees Grooms
for a county road. The action originated before appraisers appointed by the county Judge, and the county, being dissatisfied
with the allowance of the appraisers, appealed to the district court. The district court, on motion for summary judgment,
dismissed the action on the grounds that the county did not attempt to agree with the appellees Grooms by making a good faith
offer and a reasonable attempt to induce them to accept said offer for the right-of-way in controversy. The County of Cherry
appeals. The requirement of a good faith offer and a reasonable attempt to induce a settlement is mandatory and jurisdictional.
In Higgins v. Loup River Public Power Dist., 157 Neb. 652, 61 N.W.2d 213, the court said: "The attempt and failure to agree
must be alleged and proved, and this must appear on the face of the record. * * * Statutory provisions of the type here considered
(section 76-704, R. R. S. 1943) are usually regarded as mandatory and jurisdictional, and it has been stated broadly that
objection based on the failure of the record to show that the parties cannot agree may be raised at any time by direct attack."
(Emphasis supplied.) The proceedings were instituted by the County of Cherry in September 1962. The record shows that on February
21, 1962, the county commissioners wrote the following letter to appellee Edgar J. Grooms: "On February 15, 1962, the Cherry County Board of Commissioners requested your appearance before the Board to negotiate the
opening of the section lines between sections 31, 32, 30 and 29, Township 35, Range 26, for the purpose of building a public
road. * * * Since you failed to appear as requested, and the Board failed to find you home after making a trip to your residence,
we submit the following offer as required by law: * * * To Edgar J. Grooms and Martin G. Grooms, $3,000.00 for all damages.
* * * We request your appearance before the Board at their next regular meeting March 6, 1962, at 2:00 p.m. to discuss this
offer. Failure to appear at this time or otherwise notify the Board will be considered as a refusal to accept said offer and
refusal to further negotiate."

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