39-8,117. Interstate bridges; boundary line or boundary line toll bridge; acquisition; agreement with adjoining state; power of eminent domain.

The department shall have the power and authority to enter into agreements with an adjoining state to determine the manner and method of acquiring, through the joint action of the department and the adjoining state, any boundary line bridge or boundary line toll bridge, and the land, real or personal property, or any easement or interest necessary thereto, by condemnation whenever the department and the adjoining state have failed to agree upon terms of purchase for any such bridge, and the land, real or personal property, or any easement or interest necessary thereto, with the person holding title thereto. Any such agreement may be incorporated as a provision of the purchase agreement authorized by section 39-8,116, or may be entered as a distinct and separate agreement between the department and the adjoining state. Such agreements may provide for the acquisition of such bridges, and the land, real or personal property, or easement or interest necessary thereto, by any lawful means of condemnation, and may include provision for, but shall not be limited to, the following:

(1) The election by the department and the adjoining state to institute a single joint proceeding to condemn any boundary line bridge or boundary line toll bridge, and any land, real or personal property, or easement or interest necessary thereto, as an entirety within a proper jurisdiction within either the State of Nebraska or the adjoining state, such proceeding to be conducted subject to the laws and procedure of the selected state and jurisdiction. If such proceeding be instituted within the State of Nebraska, it shall be conducted subject to sections 76-704 to 76-724;

(2) The election by the department and the adjoining state to institute a single joint proceeding to condemn any boundary line bridge or boundary line toll bridge, and any land, real or personal property, or easement or interest necessary thereto, as an entirety in a proper court of the United States, such proceeding to be conducted subject to the laws and rules of procedure specified for such an action in such court of the United States; or

(3) The election by the department and the adjoining state to present a petition to the United States stating that the department and the adjoining state are unable to satisfactorily institute condemnation proceedings against any boundary line bridge or boundary line toll bridge, and the land, real or personal property, or easement or interest necessary thereto, that such bridge and property are desired as additions to the highway systems of the State of Nebraska and the adjoining state, that sufficient funds are available to pay the costs of condemnation and acquisition of such bridge, and that the department and the adjoining state request the United States to institute condemnation proceedings to acquire such bridge and property under the laws of the United States for transfer to the department and the adjoining state; Provided, that no such agreement shall authorize, nor be construed to authorize, the department to institute such condemnation proceedings as will result in the department holding title to such bridge and property in the entirety, if such proceedings be successful.

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