§ 25-2505.Public notice; public hearings; when not required; hearing by school district.
Article 25: Eminent Domain Notice and Hearing Procedures · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section excuses an agency from giving 25-2503’s notice when it acquires property through a willing buyer-willing seller transaction, gift, or other voluntary transfer and has no planned eminent domain use or authority, but still requires a public hearing before the transaction closes.
Full Text of § 25-2505
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Any agency acquiring property on a willing buyer-willing seller basis or by gift, devise, or any other form of voluntary transfer shall not be required to give the notice set forth in section 25-2503 if such agency has no planned project involving acquisition of the specific property, or any part thereof, through the use of eminent
domain or the agency has no authority to use eminent domain for acquisition of property, but such agency shall hold a public hearing at least thirty days prior to consummation of the transaction whereby such property is acquired which public hearing and public notice of the same shall comply, where applicable, with section 25-2504. A school district may conduct any hearing required by this section as a part of the agenda at a regular or special meeting of its school board or board of education at the board's usual meeting place or at such other location within the school district as the board may designate.
Section 25-2505 carves out an exception to the notice requirement in 25-2503. An agency that acquires property on a willing buyer-willing seller basis, or by gift, devise, or any other voluntary transfer, does not have to give that notice if the agency has no planned project that would use eminent domain to acquire this particular property, or if the agency has no eminent domain authority at all.
The exception does not do away with public input altogether. The agency must still hold a public hearing at least thirty days before the transaction closes, and that hearing and its public notice must comply with 25-2504 where applicable. A school district gets a further accommodation: it may hold the hearing this section requires as an item on the agenda of a regular or special school board meeting, at the board’s usual meeting place or another location within the district the board designates, rather than convening a separate hearing.
Frequently Asked Questions
Does an agency ever get to skip the notice required by 25-2503?
Yes, when it acquires property by a willing buyer-willing seller transaction, gift, devise, or other voluntary transfer, and has no planned eminent domain project for that property or no eminent domain authority at all.
Does skipping the 25-2503 notice also mean skipping the public hearing?
No. The agency still must hold a public hearing at least thirty days before the transaction closes, complying with 25-2504 where applicable.
Can a school district combine this hearing with its regular board meeting?
Yes. A school district may hold the hearing as part of the agenda at a regular or special school board meeting.
Where can a school district hold this hearing?
At the board’s usual meeting place, or at another location within the school district that the board designates.
Does this exception apply to an agency that has eminent domain authority but chooses a voluntary purchase instead?
The exception applies where the agency has no planned eminent domain project for the specific property being acquired, or has no eminent domain authority at all.
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
Also known as:voluntary property purchase notice exceptionwilling buyer willing seller eminent domain nebraskaschool district eminent domain hearingwhen is public hearing not requiredgift or devise property acquisition notice