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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1255
Introduced by Prokop, 27; Bostar, 29.
Read first time January 21, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to eminent domain; to amend section 70-670,1
Reissue Revised Statutes of Nebraska, and section 70-1409, Revised2
Statutes Cumulative Supplement, 2024; to prohibit public power3
suppliers from exercising the power of eminent domain; to harmonize4
provisions; and to repeal the original sections.5
Be it enacted by the people of the State of Nebraska,6
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Section 1. (1) Notwithstanding any other provision of law,1
beginning on the effective date of this act, public power suppliers shall2
be prohibited from exercising the power of eminent domain.3
(2) For purposes of this section, public power supplier means a4
public power district, a municipal electric utility, or any other5
government entity providing electric service. 6
Sec. 2. Section 70-670, Reissue Revised Statutes of Nebraska, is7
amended to read: 8
70-670 (1)(a) Except as otherwise provided in subsection (2) of this9
section, in (1) In addition to any other rights and powers conferred upon10
any district organized under or subject to Chapter 70, article 6, each11
such district shall have and exercise the power of eminent domain to12
acquire from any person, firm, association, or private corporation any13
and all property owned, used, or operated, or useful for operation, in14
the generation, transmission, or distribution of electrical energy,15
including an existing electric utility system or any part thereof. The16
procedure to condemn property shall be exercised in the manner set forth17
in Chapter 76, article 7. 18
(b) (2) In the case of the acquisition through the exercise of the19
power of eminent domain of an existing electric utility system or part20
thereof, the Attorney General shall, upon request of any district,21
represent such district in the institution and prosecution of22
condemnation proceedings. After acquisition of an existing electric23
utility system through the exercise of the power of eminent domain, the24
district shall reimburse the state for all costs and expenses incurred in25
the condemnation proceedings by the Attorney General.26
(c) (3) A district may agree to limit its exercise of the power of27
eminent domain to acquire a project which is a renewable energy28
generation facility producing electricity with wind and any related29
facilities. 30
(d) (4) No property owned, used, or operated as part of a privately31
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developed renewable energy generation facility meeting the requirements1
of section 70-1014.02 shall be subject to eminent domain by any consumer-2
owned electric supplier operating in the State of Nebraska.3
(2) A district shall not exercise the power of eminent domain4
pursuant to this section on or after the effective date of this act.5
Sec. 3. Section 70-1409, Revised Statutes Cumulative Supplement,6
2024, is amended to read: 7
70-1409 Each joint authority shall have all the rights and powers8
necessary or convenient to carry out and effectuate the purposes and9
provisions of the Joint Public Power Authority Act including, but not10
limited to, the right and power: 11
(1) To adopt bylaws for the regulation of the affairs and the12
conduct of its business and to prescribe rules, regulations, and policies13
in connection with the performance of its functions and duties;14
(2) To adopt an official seal and alter the same at pleasure;15
(3) To maintain an office at such place or places as it may16
determine; 17
(4) To sue and be sued in its own name and to plead and be18
impleaded; 19
(5) To receive, administer, and comply with the conditions and20
requirements respecting any gift, grant, or donation of any property or21
money; 22
(6) To acquire by purchase, lease, gift, or otherwise, or to obtain23
options for the acquisition of, any property, real or personal, improved24
or unimproved, including an interest in land less than an interest in25
fee; 26
(7) To sell, lease, exchange, transfer, or otherwise dispose of, or27
to grant options for any such purposes with respect to, any real or28
personal property or interest in such property; 29
(8) To pledge or assign any money, rents, charges, or other revenue30
and any proceeds derived by the joint authority from the sales of31
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property, insurance, or condemnation awards; 1
(9) To issue bonds of the joint authority for the purpose of2
providing funds for any of its corporate purposes; 3
(10) To authorize the construction, operation, or maintenance of any4
project or projects by any person, firm, or corporation, including5
political subdivisions and agencies of any state or of the United States;6
(11) To acquire by negotiated purchase or lease an existing project,7
a project under construction, or other property, either individually or8
jointly, with one or more public power districts in this state or with9
any political subdivisions or agencies of this state or any other state10
or with other joint authorities created pursuant to the Joint Public11
Power Authority Act; 12
(12) To dispose of by negotiated sale or lease an existing project,13
a project under construction, or other property, either individually or14
jointly, with one or more public power districts in this state, with any15
political subdivisions or agencies of this state or any other state or,16
with other joint authorities created pursuant to the Joint Public Power17
Authority Act, except that no such sale or lease of any project located18
in this state shall be made to any private person, firm, or corporation19
engaged in the business of generating, transmitting, or distributing20
electricity for profit; 21
(13) To fix, charge, and collect rents, rates, fees, and charges for22
electric power or energy, hydrogen, or ethanol and other services,23
facilities, and commodities sold, furnished, or supplied through any24
project; 25
(14) To generate, produce, transmit, deliver, exchange, purchase, or26
sell for resale only electric power or energy, to produce, store,27
deliver, or distribute hydrogen for use in fuel processes, or to produce,28
deliver, or distribute ethanol and to enter into contracts for any or all29
such purposes, subject to sections 70-1410 and 70-1413;30
(15) To negotiate and enter into contracts for the purchase,31
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exchange, interchange, wheeling, pooling, or transmission of electric1
power and energy with any public power district, any other joint2
authority, any political subdivision or agency of this state or any other3
state, any electric cooperative, or any municipal agency which owns4
electric generation, transmission, or distribution facilities in this5
state or any other state; 6
(16) To negotiate and enter into contracts for the sale or use of7
electric power and energy, hydrogen, or ethanol with any joint authority,8
electric cooperative, any political subdivision or agency or any public9
or private electric utility of this state or any other state, any joint10
agency, electric cooperative, municipality, public or private electric11
utility, or any state or federal agency or political subdivision, subject12
to sections 70-1410 and 70-1413; 13
(17) To make and execute contracts and other instruments necessary14
or convenient in the exercise of the powers and functions of the joint15
authority under the Joint Public Power Authority Act, including contracts16
with persons, firms, corporations, and others; 17
(18) To apply to the appropriate agencies of the state, the United18
States, or any other state and to any other proper agency for such19
permits, licenses, certificates, or approvals as may be necessary to20
construct, maintain, and operate projects in accordance with such21
licenses, permits, certificates, or approvals, and to obtain, hold, and22
use the same rights granted in any licenses, permits, certificates, or23
approvals as any other person or operating unit would have under such24
documents; 25
(19) To employ engineers, architects, attorneys, appraisers,26
financial advisors, and such other consultants and employees as may be27
required in the judgment of the joint authority and to fix and pay their28
compensation from funds available to the joint authority. The joint29
authority may employ technical experts and such other officers, agents,30
and employees as it may require and shall assess their qualifications,31
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duties, compensation, and term of office. The board may delegate to one1
or more of the joint authority's employees or agents such powers and2
duties as the board may deem proper; 3
(20) To make loans or advances for long-term, supplemental, short-4
term, and interim financing for both capital projects and operational5
purposes to those member districts on such terms and conditions as the6
board of directors of the joint authority may deem necessary and to7
secure such loans or advances by assignment of revenue, receivables, or8
other sums of the member district and such other security as the board of9
directors of the joint authority may determine; and10
(21) To sell, lease, or license its dark fiber pursuant to sections11
86-574 to 86-578. 12
Any joint authority shall have the same power of eminent domain as13
the public power districts have under section 70-670.14
Sec. 4. Original section 70-670, Reissue Revised Statutes of15
Nebraska, and section 70-1409, Revised Statutes Cumulative Supplement,16
2024, are repealed. 17
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