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What is Eminent Domain? In Nebraska, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
Property owners can fight eminent domain by proving the government isn't taking the property for a proper public use or by proving it hasn't offered the just value of the property.
Nebraska case law provides for the full compensation for all loss of property value resulting from a taking for public use, but the case law also carves out a number of areas of loss where less than full compensation or no compensation is allowed.
Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
Unlike assignments, the person disclaiming their interest cannot say who receives the disclaimed interest. A disclaimer is not a gift by the person disclaiming. Lastly, one cannot have accepted any benefits from the property being disclaimed, such as the income from an income producing asset.
A disclaimer of interest is, essentially, a written statement to the probate court where someone who stands to inherit property or assets states that they do not wish to exercise that inheritance.
Total absence from the premises without notice to landlord for one full rental period or thirty days, whichever is less, shall constitute abandonment.