12-1122. Ascertainment and assessment of
value, damages and benefits
A. The court or jury shall ascertain and assess:
1. The value of the property sought to be condemned and all improvements on the
property pertaining to the realty, and of each and every separate estate or interest in
the property, and if it consists of different parcels, the value of each parcel and each
estate or interest in the parcel separately.
2. If the property sought to be condemned constitutes only a part of a larger
parcel, the damages that will accrue to the portion not sought to be condemned by reason
of its severance from the portion sought to be condemned, and the construction of the
improvement in the manner proposed by the plaintiff.
3. How much the portion not sought to be condemned and each estate or interest in
the portion will be benefited separately, if at all, by construction of the improvement
proposed by the plaintiff. If the benefit is equal to the damages assessed under
paragraph 2 of this subsection, the owner of the parcel shall be allowed no compensation
except for the value of the portion taken, but if the benefit is less than the damages so
assessed, the benefit shall be deducted from the damages, and the remainder shall be the
only damages allowed in addition to the value.
4. If the property sought to be condemned is for a railroad, the cost of good and
sufficient fences along the line of the railroad, and the cost of cattle guards where
fences may cross the line of the railroad.
B. As far as practicable, compensation shall be assessed for each source of damage
separately.
C. Value shall be determined by ascertaining the most probable price estimated in
terms of cash in United States dollars or comparable market financial arrangements that
the property would bring if exposed for sale in the open market, with reasonable time
allowed in which to find a purchaser, buying with knowledge of all of the uses and
purposes to which it was adapted and for which it was capable.
D. For the purpose of assessing compensation and damages with respect to property
sought to be condemned by this state for transportation purposes, in addition to
subsections A and B of this section, the court or a jury shall assess compensation and
damages pursuant to sections 28-7091 and 28-7097.
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