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RUSSELL v. FRANKLIN COUNTY

No. S-18-827.

946 N.W.2d 648 (2020)

306 Neb. 546

Thomas M. RUSSELL and Pamela J. Russell, appellants, v. FRANKLIN COUNTY, Nebraska, appellee.

Supreme Court of Nebraska.

Filed July 24, 2020.

Attorney(s) appearing for the Case

Matthew D. Hammes , Omaha, and Cristina Fackler , of Locher, Pavelka, Dostal, Braddy & Hammes, L.L.C., for appellants.

Brandy R. Johnson , Lincoln, of Governmental Law, L.L.C., and Henry Schenker , Franklin County Attorney, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

Under the Nebraska Constitution, an owner of private property is entitled to just compensation if a governmental entity damages that property for public use. In this case, a county felled trees on private property to improve visibility for a nearby road. Everyone agrees the landowner is entitled...

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