90-304. Nebraska State Capitol Environs District; beautification projects; participation; procedure.

(1) The State of Nebraska, acting through the Department of Administrative Services, is hereby empowered to expend appropriations authorized by the Legislature and to otherwise participate fully in the planning, construction, and maintenance of all manner of special lighting, landscaping, decorative walkway, fountain, and any other beautification projects in the Nebraska State Capitol Environs District as an individual governmental entity, or in similar projects which are jointly initiated and financed with the city of Lincoln or the county of Lancaster or both governmental bodies in the Nebraska State Capitol Environs District.

(2) The city of Lincoln and the county of Lancaster are hereby empowered to expend their respective funds to participate singly, with each other, and with the State of Nebraska, in the planning, construction, and maintenance of all manner of special lighting, landscaping, decorative walkway, fountain, and any other beautification projects in the Nebraska State Capitol Environs District. Construction and maintenance projects authorized in this section shall only be implemented on the street and alley rights-of-way in the Nebraska State Capitol Environs District, as such district is defined by subsection (2) of section 90-303, and on real estate within the Nebraska State Capitol Environs District which is owned singly by the State of Nebraska, the city of Lincoln, the county of Lancaster, by these three governmental bodies jointly or by any two of such governmental bodies.

(3) Neither the State of Nebraska, city of Lincoln, or county of Lancaster is authorized to utilize eminent domain powers to accomplish the purposes of sections 90-301 to 90-305; Provided, that nothing in sections 90-301 to 90-305 shall prevent the exercise of eminent domain by any governmental entity so empowered to acquire public rights-of-way; and provided further, that this prohibition shall not be construed as deterring any one of the three governmental bodies from utilizing any existing powers it has on projects it undertakes singly.

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