Nebraska Revised Statute 46-244
Canals; declared works of internal improvement; laws applicable.
Canals and other works constructed for irrigation or water power purposes, or both, are hereby declared to be works of internal improvement; and all laws applicable to works of internal improvement are hereby declared to be applicable to such canal and irrigation works.
- Laws 1919, c. 190, tit. VII, art. V, div. 3, § 1, p. 846;
- C.S.1922, § 8451;
- C.S.1929, § 46-601;
- R.S.1943, § 46-244.
- Drover of livestock, duty to prevent damages, see section 54-305.
It is implied that all damages for taking or damaging of land must first be paid, and the fact that land is taken without institution of condemnation proceedings does not deprive owner of right to compensation. Dawson County Irr. Co. v. Stuart, 142 Neb. 428, 6 N.W.2d 602 (1942).
Defendant district was authorized to condemn right-of-way for transmission lines across plaintiffs' lands, irrespective of boundary lines. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937).
Individual does not have right of eminent domain for irrigation of his own land only. Onstott v. Airdale Ranch & Cattle Co., 129 Neb. 54, 260 N.W. 556 (1935).
Irrigation canals are works of internal improvement and persons constructing same have power of eminent domain. Crawford Co. v. Hathaway, 67 Neb. 325, 93 N.W. 781 (1903).