Nebraska Revised Statute 76-702
Chapter 76 Section 702
Condemner; enter upon land; inventory; furnish to condemnee.
After negotiations have failed, any condemner, or his representative, upon proper identification and after informing the condemnee of the contemplated action is authorized to enter upon any land for the purpose of examining and surveying same in contemplation of bringing or during the pendency of condemnation proceedings under sections 76-701 to 76-724; Provided, when an inventory is made of the damage to personal property by reason of examining or surveying the land by the condemner, or his representatives, a copy of the inventory shall be delivered to the condemnee.
- Laws 1951, c. 101, § 2, p. 452.
The authority to enter land granted condemnors under this section for "examining and surveying" prescribes activities far less intrusive than the drilling and sample gathering for geotechnical studies proposed by the plaintiff. Burlington Northern and Santa Fe Ry. Co. v. Chaulk, 262 Neb. 235, 631 N.W.2d 131 (2001).
Failure to attempt to agree with landowner cannot be raised by injunction. Heppe v. State, 162 Neb. 403, 76 N.W.2d 255 (1956).
Requirement in previous law that attempt be made to agree with owner was not changed. Higgins v. Loup River Public Power Dist., 157 Neb. 652, 61 N.W.2d 213 (1953).