Nebraska State Constitution Article X-8
Eminent domain for depot or other uses.
No railroad corporation organized under the laws of any other state, or of the United States and doing business in this state shall be entitled to exercise the right of eminent domain or have power to acquire the right of way, or real estate for depot or other uses, until it shall have become a body corporate pursuant to and in accordance with the laws of this state.
- Neb. Const. art. XI, sec. 8 (1875);
- Transferred by Constitutional Convention, 1919-1920, art. X, sec. 8.
Railroad corporation is required to become a body corporate of this state to exercise right of eminent domain. Omaha Nat. Bank v. Jensen, 157 Neb. 22, 58 N.W.2d 582 (1953).
Foreign corporation cannot exercise right of eminent domain. Koenig v. Chicago, B. & Q. R. R. Co., 27 Neb. 699, 43 N.W. 423 (1889); State ex rel. Burlington & Missouri R.R. Co. v. Scott, 22 Neb. 628, 36 N.W. 121 (1888).
Foreign corporation may consolidate with domestic and exercise power of eminent domain. State ex rel. Leese v. Chicago, B. & Q. R. R. Co., 25 Neb. 156, 41 N.W. 125 (1888), 2 L.R.A. 564 (1888).
No foreign railway company doing business in this state can exercise right of eminent domain or have power to acquire right-of-way unless organized as a corporation under laws of this state. Trester v. Missouri P. Ry. Co., 23 Neb. 242, 36 N.W. 502 (1888).