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SID NO. 1 v. NEB. PUBLIC POWER DIST.

Nos. S-96-385, S-96-386.

573 N.W.2d 460 (1998)

253 Neb. 917

SANITARY AND IMPROVEMENT DISTRICT NO. 1 OF FILLMORE COUNTY, NEBRASKA, a political subdivision of the State of Nebraska, Appellant, v. NEBRASKA PUBLIC POWER DISTRICT, a public corporation and political subdivision of the State of Nebraska, Appellee.

Supreme Court of Nebraska.

February 6, 1998.

Attorney(s) appearing for the Case

Donald Pepperl, of Pepperl, McMahon-Boies, Lincoln, and Jerry D. Anderson, Geneva, for appellant.

James A. Eske, of Barlow, Johnson, Flodman, Sutter, Guenzel & Eske, Lincoln, and Bonnie J. Hostetler, Columbus, for appellee.

CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

STEPHAN, Justice.

These consolidated appeals present a single question of law: Does a public power district have the power of eminent domain to acquire right-of-way over lands owned by a sanitary and improvement district for the purpose of constructing transmission lines and related structures? We hold that such power is conferred by Neb.Rev.Stat. § 70-301 (Reissue 1996) and, therefore, affirm the judgments of the district court for Fillmore County as modified...

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