Nebraska State Constitution Article X-6

Article X-6


Eminent domain.

The exercise of the power and the right of eminent domain shall never be so construed or abridged as to prevent the taking by the legislature, of the property and franchises of incorporated companies already organized, or hereafter to be organized, and subjecting them to the public necessity the same as of individuals.


  • Neb. Const. art. XI, sec. 6 (1875);
  • Transferred by Constitutional Convention, 1919-1920, art. X, sec. 6.


Lands acquired by eminent domain by railroad for right-of-way are dedicated to public use, and title thereto cannot be divested by adverse possession so long as railroad is operated. Edholm v. Missouri P. R. R. Corp., 114 Neb. 845, 211 N.W. 206 (1926).

Compensatory damages should be allowed for land taken for right-of-way for public road. Missouri Pac. R. R. Co. v. Cass County, 76 Neb. 396, 107 N.W. 773 (1906).