§ 25-2503.Agency; notice; contents.

Section 25-2503 sets the first deadline in the acquisition process. An agency that plans to acquire private property for a public purpose must give notice at least forty-five days before beginning negotiations for that acquisition. The notice goes to each owner of property over or across which any right or interest will be acquired, delivered personally or by registered or certified mail addressed to the owner and to the address on file with the county treasurer’s tax records. Where an owner has died or lacks capacity, notice to the estate’s administrator or executor, a trust’s trustee, or a minor’s or incompetent person’s guardian or conservator satisfies the requirement.

The section then lists seven things the notice must include: a description of the property and the compensation offered; the authority for the acquisition; the nature, necessity, and purpose of the intended use; the title, right, or interest to be acquired; the amount of property needed; the reasons for choosing the location or route; and, when another agency’s approval is required, a statement naming that agency, along with a route map for a highway, power line, telephone line, or similar project. An owner reading this notice should be able to see at a glance what is being taken, why, and what it is worth.