Nebraska Condemnation Clause

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Multi-State
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US-OL11015A
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This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.


The Nebraska Condemnation Clause, also known as an eminent domain clause, is a legal provision that outlines the rights and procedures in situations where the government exercises its power of eminent domain to acquire private property for public use. This clause is typically included in contracts or agreements involving the sale or transfer of real estate in the state of Nebraska. In Nebraska, there are two main types of condemnation clauses: the "blanket" condemnation clause and the "partial taking" condemnation clause. A "blanket" condemnation clause, also known as an "all-or-nothing" clause, grants the government full authority to acquire the entire property being conveyed if it is designated for public use. This type of clause provides the government the flexibility to determine the extent of the taking and can result in the complete acquisition of the property. On the other hand, a "partial taking" condemnation clause allows the government to acquire only a portion of the property, leaving the remaining portion with the property owner. This type of clause is often preferred by property owners as it allows them to retain a portion of their property and potentially continue to use or develop it for other purposes. Both types of condemnation clauses in Nebraska ensure that property owners are compensated fairly for the value of their property being taken by the government. The clause typically specifies the process through which the government will determine the compensation, which may involve appraisals, negotiations, or legal proceedings if an agreement cannot be reached. To initiate the condemnation process, the government must provide a notice to the property owner, detailing the intent to take the property and the purpose for which it is being taken. Property owners then have the right to challenge the government's actions and seek just compensation for their loss. In conclusion, the Nebraska Condemnation Clause is an important legal provision in real estate transactions that addresses the rights and procedures related to eminent domain. By understanding the different types of condemnation clauses and the associated processes, property owners can protect their interests and ensure fair compensation when faced with the potential acquisition of their property by the government.

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FAQ

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.

By law, a security deposit cannot be more than the amount of one month's rent. Landlords can charge an extra pet deposit or fee if the tenant has pets. By law, a pet deposit cannot be more than one quarter of one month's rent.

(1) A landlord may not demand or receive security, however denominated, in an amount or value in excess of one month's periodic rent, except that a pet deposit not in excess of one-fourth of one month's periodic rent may be demanded or received when appropriate, but this subsection shall not be applicable to housing ...

Total absence from the premises without notice to landlord for one full rental period or thirty days, whichever is less, shall constitute abandonment.

If you have questions about the meaning and application of the law, or questions on how to file a complaint, please contact the Fair Housing staff at 402.934,6675 or toll-free at 800.669. 3247 (800-NOW-FAIR). Nebraska Relay, contact 800.833.

Primary tabs. Condemn in the legal sense refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.

In the simplest terms, condemnation is when a government agency, or a private agency with eminent domain, tries to assert ownership over private property. This means these agencies lay claim to the property, in exchange for ?just compensation?.

(1) Any person who abandons and neglects or refuses to maintain or provide for his or her spouse or his or her child or dependent stepchild, whether such child is born in or out of wedlock, commits abandonment of spouse, child, or dependent stepchild.

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Jan 3, 2012 — This paper focuses on eminent domain under Nebraska law only, but we know the process elsewhere and have worked in cases in Michigan, Missouri, ... The provision which permits a petition to condemn to be filed in the county court of the county where some part of the property is situated has reference to ...Where land is taken outside the boundaries of right-of-way condemned, liability attaches for a second taking of private property for public use. McGree v. Feb 26, 2020 — condemnation proceedings, a landowner may file a claim for inverse condemnation. ... This notice provision appears adequate under the Nebraska ... Nebraska adjusted basis, defined; trade in or property; how treated. 77-119. Depreciable tangible personal property, defined. 77-120. Net book value of ... Jul 9, 2021 — Complete condemnation terminates a lease because there is no housing left for a tenant to live in. Visit LegalMatch.com to find out your ... If the condemner takes or damages property without instituting condemnation proceedings, the condemnee may file a condemnation petition with the county judge. to effectuate the authority. The general condemnation law contains a clause which prevents its usage in county road cases.84. A recent case holds that Art. Feb 27, 2017 — Supreme Court of Nebraska Provides Guidance on UTC Mandatory Duties of the Trustee and Effectiveness of Exculpatory Clauses. The case is Rafert ... by K Miller · 1959 · Cited by 2 — Once a Nebraska condemnation proceeding is appealed to the district court ... In any event, complete details of acquisition of replace- ment property must be ...

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Nebraska Condemnation Clause