Nelson v. State, Department of Roads

This is an appeal from an award of appraisers in a condemnation action in the county of Scotts Bluff, *794Nebraska. The notice of the award of the appraisers was made on November 15, 1978. The bond and notice of appeal were filed on December 11, 1978.

The petition on appeal was not filed until July 1981. On a motion by the State to dismiss for failure to timely file a petition on appeal, the court entered an order dismissing the plaintiff’s appeal. A motion for new trial was filed and was overruled. Plaintiff prosecutes this appeal.

It is well settled that a petition on an appeal from the award of…