Spicer Ranch v. Schilke

I agree with the majority’s opinion, except I believe a part of the rule quoted from Keitges v. VanDermeulen, 240 Neb. 580, 483 N.W.2d 137 (1992), is not applicable to the case at hand and is misleading when applied to this case. I refer to that part which states, “when the owner of land intends to use the property for residential or recreational purposes.” Id. at 589, 483 N.W.2d at 143. Insofar as I can learn, this particular part of the rule first appeared in the Keitges case. In Keitges, the geographic location of the property, the location of the trees on the property, and their origin…