HOLMAN v. PAPIO NATURAL RESOURCES DIST.

No. 86-278.

421 N.W.2d 430 (1988)

228 Neb. 94

Max HOLMAN, Appellant and Cross-Appellee, v. PAPIO NATURAL RESOURCES DISTRICT, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

April 1, 1988.


Attorney(s) appearing for the Case

Dixon G. Adams, Bellevue, for appellant and cross-appellee.

Lyman L. Larsen and James L. Schneider of Kennedy, Holland, DeLacy & Svoboda, and Paul F. Peters of Paul Peters, P.C., Omaha, for appellee and cross-appellant.

BOSLAUGH, CAPORALE, and GRANT, JJ., and RIST and CLARK, District Judges.


BOSLAUGH, Justice.

The plaintiff, Max Holman, owns an irregularly shaped 40-acre tract of land in Sarpy County, Nebraska. The tract is bordered on the south by the north bank of the Platte River, on the west and north by the right-of-way of the Burlington Northern Railroad, and on the east by U.S. Highway 73-75.

In 1968, the U.S. Army Corps of Engineers constructed a levee system, known as R-613, to protect land lying east of the plaintiff's property from...

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