Nebraska Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
What is Eminent Domain? In Nebraska, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
An easement can be acquired by prescription, or adverse possession, such as by the continuous use of a road across another's property, under a claim of right, for a period of more than ten (10) years (under Nebraska law). Such use may ripen into a prescriptive easement that gives the holder continued use of the road.
'An easement by prescription can be acquired only by an adverse user for ten years. Such use must be open, notorious, exclusive and adverse. ' Stubblefield v. Osborn, 149 Neb.
Overview. An easement that arises when a landowner conveys a landlocked parcel of land to another. Common law presumes that the grantee has right to pass over the retained property if such passage is necessary to reach the granted landlocked property.
An easement is the right to use another person's land for a stated purpose. It can involve a broad part of the property or only a certain portion. A right-of-way easement allows someone to travel through another person's land to get somewhere else. It can be offered to one person, several people, or the public.
3, the width of all public roads was established with the requirement that ?All county, state, and other public roads shall have a width of sixty-six feet?? Plischke v. Jameson, 180 Neb.