76-303. Appraisers; oath; compensation.

The court, rendering judgment or decree in any case provided for by sections 76-301 to 76-311 against any occupant or claimant, shall, at the request of such occupant or claimant, issue an order to the sheriff of the county wherein such real estate is situated commanding him or her to summon three disinterested freeholders of such county, whose duty it shall be to appraise such real estate and the improvements aforesaid at their cash value as provided in section 76-304. The appraisers shall take and subscribe an oath to impartially appraise the real estate and improvements, which oath shall be filed with the clerk of the court issuing such order. The order thus issued to the sheriff shall be accompanied by written instructions from the court to the appraisers, necessary to carry out the provisions of sections 76-301 and 76-302. Such appraisers shall be allowed the same fees as jurors are allowed in the district court and mileage as provided in section 81-1176 for state employees.

Source:Laws 1883, c. 59, § 3, p. 251; R.S.1913, § 6257; C.S.1922, § 5667; C.S.1929, § 76-303; R.S.1943, § 76-303; Laws 1981, LB 204, § 146.

Annotations

Assessment must be made by appraisers appointed as provided by statute, and court cannot appoint referee to make the assessment. Burlington & M. R.R. Co. v. Dobson, 19 Neb. 451, 27 N.W. 442 (1886).

Time is not made an essential element of request for appointment of appraisers and it need not be made at the same term at which the judgment is rendered. Burlington & M. R.R. Co. v. Dobson, 17 Neb. 455, 23 N.W. 511 (1885).