28-6704. Condemnation; federal-county highway; exception

A. The county attorney of the county in which a highway is to be established shall file in superior court in the county in which the land is located a condemnation action pursuant to section 12-1116 in the name of the county if all of the following conditions exist:

1. The board of supervisors enters into an agreement with the United States acting through its duly authorized officers or agents and pursuant to an act of Congress for acquiring a right-of-way for a highway in the county.

2. The United States has constructed part of the highway described in the agreement.

3. The board of supervisors has been unable to acquire a right-of-way pursuant to sections 28-6701 and 28-6702 that is necessary for completion of the highway.

4. An agent of the United States that is in charge of the work to be done by the United States under the agreement makes a demand to the county attorney.

5. The board of supervisors by resolution directs the county attorney to file the action.

B. The county treasurer shall make the deposit required by the court as provided by section 12-1116 and on final judgment by the court assessing the value of the lands sought to be condemned and the damages, if any, to pay the amount due. If the monies deposited or paid by the treasurer have not been appropriated or set aside for that purpose by the board of supervisors, the board of supervisors shall provide for the amount in its next budget and shall levy a tax for that purpose.

C. This section does not apply to a highway designated as a national highway, state highway or state route.