19-4626. Act; applicability.

(1) A city may condemn the property of a utility which constitutes a portion of a gas system without complying with the Municipal Natural Gas System Condemnation Act if the condemnation is necessary for the public purpose of acquiring an easement or right-of-way across the property of the utility or is for the purpose of acquiring a portion of the gas system for a public use unrelated to the provision of natural gas service.

(2) Nothing in the act shall be construed to govern or affect the manner in which a city which owns and operates its own gas system condemns the property of a utility when such property is brought within the corporate boundaries of the city by annexation.

Source:Laws 2002, LB 384, § 3.

Annotations

Under the plain language of subsection (2) of this section, the requirements of the Municipal Natural Gas System Condemnation Act did not apply to a city’s condemnation proceeding against property consisting of gas facilities where the property was located in an area which had been annexed by the city, and the city owned and operated its own gas system. SourceGas Distrib. v. City of Hastings, 287 Neb. 595, 844 N.W.2d 256 (2014).