State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter16 > 16-684

16-684. Construction; operation; location; eminent domain; procedure.When the system of waterworks or sewerage, power, heating, lighting, or drainage shall have been adopted, and the people shall have voted to borrow money to aid in the construction as aforesaid, the mayor and council may erect and construct and maintain such system of waterworks or sewerage or power plant, lighting, heating, or drainage, either within or without the corporate limits of the city, make all needful rules and regulations concerning their use, and do all acts necessary for the construction, completion, and management and control of same not inconsistent with law, including the taking of private property for the public use for the construction and operation of the same. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724, except as to property specifically excluded by section 76-703 and as to which sections 19-701 to 19-707 are applicable. SourceLaws 1901, c. 18, § 59, p. 275; Laws 1909, c. 19, § 1, p. 186; Laws 1913, c. 35, § 3, p. 114; R.S.1913, § 4959; C.S.1922, § 4128; Laws 1929, c. 43, § 1, p. 187; C.S.1929, § 16-657; R.S.1943, § 16-684; Laws 1951, c. 101, § 54, p. 472. AnnotationsA city may acquire existing electric and waterworks systems by eminent domain, but such power cannot extend so as to acquire a utilities property which furnishes several kinds of utility service, and is operated as a unit. Central Power Co. v. Nebraska City, 112 F.2d 471 (8th Cir. 1940).