Zarybnicky v. County of Gage

This is an action for declaratory judgment in which the plaintiffs-appellants, Zarybnicky, owners of certain real estate, seek to have determined the effect of eminent domain proceedings taken by appellee County of Gage to acquire title to a tract of real estate owned by the Zarybnickys. The Zarybnickys ask that the District Court determine that the condemner has abandoned the proceedings by having failed to comply with that part of section 76-711, R. R. S. 1943, which provides: “The condemner shall have sixty days from the date of the award of the appraisers to deposit with the county judge…