Article 25: Eminent Domain Notice and Hearing Procedures · Last amended 1974 · Last verified July 22, 2026
In one sentenceThis section defines three terms used in sections 25-2501 to 25-2506 and section 70-301: agency, property, and negotiations, establishing which acquiring bodies, property interests, and communications the eminent domain notice and hearing procedure covers.
Full Text of § 25-2502
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As used in sections 25-2501 to 25-2506 and 70-301, unless the context otherwise requires:
(1) Agency shall include the State of Nebraska and any department, board, commission, or similar entity thereof which possesses the authority to acquire property either with or without the use of eminent domain, any political subdivision of the State of Nebraska, and any privately owned public utility corporation or common carrier not exempted by section 25-2501 which possesses the authority to acquire property through the use of eminent domain;
(2) Property shall include any right or interest in real property, including but not limited to easements, but shall not include easements for public utilities located adjacent to and within ten feet of a public road right-of-way; and
(3) Negotiations shall mean communications between representatives of the agency and the property owner or his representatives who are specifically authorized to attempt to reach agreement on terms by which the agency shall acquire such property.
Source
Laws 1973, LB 187, § 2; Laws 1974, LB 653, § 1.
Plain-English Summary
Section 25-2502 defines the three terms that carry the rest of Article 25. “Agency” includes the State of Nebraska and any of its departments, boards, commissions, or similar entities with authority to acquire property, with or without eminent domain; any political subdivision; and any privately owned public utility corporation or common carrier not exempted under 25-2501 that has eminent domain authority.
“Property” includes any right or interest in real property, including easements, but excludes public utility easements located adjacent to and within ten feet of a public road right-of-way. “Negotiations” means communications between the agency’s representatives and the property owner, or the owner’s representatives, that are specifically authorized to reach agreement on the terms of the acquisition. Together these definitions mark who has to give notice, what kinds of property interests trigger the notice and hearing requirements, and when the forty-five-day and thirty-day clocks in 25-2503 and 25-2504 start running.
Frequently Asked Questions
Who counts as an “agency” under this article?
The State of Nebraska and its departments, boards, and commissions; any political subdivision; and any privately owned public utility corporation or common carrier not exempted under 25-2501 that has authority to acquire property, with or without eminent domain.
Does “property” include an easement?
Yes, with one exception: it excludes a public utility easement located adjacent to and within ten feet of a public road right-of-way.
What counts as “negotiations” for purposes of the notice deadline?
Communications between representatives of the agency and the property owner or the owner’s representatives who are specifically authorized to try to reach agreement on the acquisition’s terms.
Does this section’s definitions apply anywhere outside Article 25?
Yes. They also apply to section 70-301.
Why does the definition of “agency” matter so much?
Whether a body counts as an “agency” determines whether it must follow the notice and hearing procedure in 25-2503 and 25-2504 before acquiring property.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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