Burnett v. Central Nebraska Public Power & Irrigation District

I am not in accord with that part of the majority opinion which holds in effect that the extent of the taking for the use intended and the quality of the title acquired is finally .adjudicated in the condemnation proceeding. Such a holding broadens the whole principle of eminent domain and imposes upon the landowner the duty to guess upon the future intentions and acts of the condemnor and, if he guesses wrong,' to be forever bound thereby.

The power of eminent domain is a power inherent in the ¡sovereignty of the state limited only by constitutional provision. The right to take private…