Updike v. City of Omaha
Nebraska Supreme Court
Original application to vacate order directing appraisement by court of condemnation of the Omaha gas plant. The legislature of 1917 passed an act supplemental-to chapter 46 of the Revised Statutes, relating to municipal corporations of the metropolitan class, and amending and repealing certain specified .sections of that acts as amended in 1915. Laws 1917, ch. 87. After conferring upon such city additional powers to those theretofore granted, sections 4a to 4/, inclusive,…
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Original application to vacate order directing appraisement by court of condemnation of the Omaha gas plant. The legislature of 1917 passed an act supplemental-to chapter 46 of the Revised Statutes, relating to municipal corporations of the metropolitan class, and amending and repealing certain specified .sections of that acts as amended in 1915. Laws 1917, ch. 87. After conferring upon such city additional powers to those theretofore granted, sections 4a to 4/, inclusive, provide a means for the condemnation and appropriation of certain public utilities. These sections provide that, after…
1Opinion of the CourtLetton, J.
The first questions raised are: Whether the so-called court of condemnation is a court, the creation of which is prohibited by the Constitution; and whether, •if not a court, the members of the body may be appointed by this court, or by the chief justice.
The power to exercise the right of eminent domain must be exercised by, or conferred ..by, the legislature, and when it is granted to a municipal- corporation, or to a public service corporation, that body must-determine .how far it will make use of the power thus conferred. This' is an executive or administrative act. *786When it comes to the…
Also in this document: Dissent.
2Cases cited4 opinions
- State ex rel. Thompson v. NebleNebraska Supreme Court · 1908
- State ex rel. Oldham v. DeanNebraska Supreme Court · 1909
- Brown v. Chicago, Rock Island & Pacific Railway Co.Nebraska Supreme Court · 1902
- Mattheis v. Fremont, Elkhorn & Missouri Valley RailroadNebraska Supreme Court · 1898
3Cited by12 opinions
- May v. City of KearneyNebraska Supreme Court · 1945
- State ex rel. Nelson v. ButlerNebraska Supreme Court · 1945
- Webber v. City of ScottsbluffNebraska Supreme Court · 1951
- City of Mitchell v. Western Public Service Co.Nebraska Supreme Court · 1933
- State ex rel. Davis v. CoxNebraska Supreme Court · 1920
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