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I�IISC�L�I�AN�OUS R�CORD V
<br /> ���5
<br /> � 290E8-TN611YGOfTINECO.ORAXDIELAND,NlBR. � � � ... � �
<br /> J OURNAL ENTRY
<br /> TN THE DISTRICT COURT IN AND FOR HALL COUNTY, NEBRASKA
<br />� � THE STATE OF NEBRA.SKA EX REL, )
<br /> • "WALTER R. J 4HNSON, ATTORNEY )
<br /> GENERAL, )
<br /> )
<br /> PLAINTIFF ) Certified Copy
<br /> }
<br /> vs. ) JOURNAL ENTRY
<br /> )
<br /> PLATTE VALLEY PUBLIC POWER )
<br /> AND IRRIGATION DISTRICT, A )
<br /> CORPORATTON )
<br /> ,` )
<br /> DEFENDANT )
<br /> Now on this �'Gh day of March, 1950, �l�e same being one of the day� of the Jan �erm
<br /> of court in and f or Hall County, Nebraska, E. G. Kroger District Judge presiding, and
<br /> being present in court H. E. Crosby, as counsel for the de�'endant, Platte Valley Public •``
<br /> Power and Irrigation Dis'�rict, a. corporation, and Donald Weaver assistant to �he Attorney
<br /> General, counsel for the State of Nebraska, and both parties in open court having waived
<br /> the �ury and agreed to the trial of said cause before tne court upon the issues as �oined,
<br /> and said matter having be�n submitted to ti:e court and the court, being fully advised in
<br /> the premi se s, f ind as f ollows:
<br /> That the State of Nebraska, as trus�ee, for the common schools of the State holds
<br /> the legal title to �he lands �.nvolved in said cause of action, and the defendant, Platte
<br /> Valley Public Power and Irriga�3.on Distric�, a corporation, did by negotiation on or about
<br /> �he 15th day of Oc�ober, z935, as conducted with the �Ghen owner of the school land lease
<br /> on said �remises b�r payment to said lessee of va].ue f or his interest ther�in obtained a
<br /> certain right of way and perpetual easemen�, together wi�h all rights and privilege
<br /> incident to tne use and en,�oym�nt thereof to enter upon, construct and main'�ain, including
<br /> the right to �rim and remove underbrush and trees to �a.fe c�.earance and to operate its
<br /> elec�ric transmission line over, upon, along and above the f ollowin� descr�.bed rea,l estate
<br /> �i�uated in Ha1I County, Nebraska, to-t�rit:
<br /> The Southeast �uarter of the Southeast �uarter (SE� SE�) and a part of Lot
<br /> Nine (9) , in Section Sixteen (16) , Township Ten (10) , North, Range Nine (9) ,
<br /> West of the 6th P. M. , enter3.n� said lands with said transmission line at
<br /> a point 6g.33 feet wes� of tize sou�east corner of said section, running
<br /> thenee in � straight line northerly o a point 123.8 fee�G west of the north-
<br /> east corner of the sou�heast quarter of said section and intereseC��:ng the
<br /> north line of said school lands trac�, with two two nole struc.tures� on said
<br /> lands.
<br /> and that pursuant there�o the said defendant entered upon said premises, cons�ructed 3.ts
<br /> eleetric transmission line and structures, and ha5 eontinued from said date and is, at
<br /> �Ghe present time, en�aged in the opera�ion and maintenance of said electri.c transmission
<br /> line.
<br /> The court further finds that said entry and pos�ession as taken by tne defendant for
<br /> sueh purpose was pursuant to the provisions of the laws of the State of Nebraska �,t the
<br /> time of said taking, and that no renumeration ti,ras made to the pla3.n�iff for said right
<br /> of way , and that b� reason of the laws of this Sta�e, under which said right of way was
<br /> orig3.na11y ta,ken, having been held unconstitutiona,l and subsequent legislation having
<br /> been passed in reference thereto, the court finds that the State of Nebraska, plain�iff
<br /> here�.n, b�r reason of said tak3ng has suffered damages in the sum of ��0.00, with interes'�
<br /> �hereon at 6 O, from �he 1st day of Jan, i9��, or the total sum of �5�.80, for which said
<br /> plaintiff is entitled to recover �udgemen'G as ag�.inst the defendant, Pla�te Va11ey Publ.ic
<br /> Power and Irrigation District.
<br /> T�:e court further finds tha� the defendant, Platte Valley Public Poti,rer and Irrigation
<br /> Dist�ic� ig enti�led to have- deereed and quieted in it sa3.d perpetual right of way
<br /> easement, a� here�nbefore found, and for the purposes as therein se� forth, sub�ject to
<br /> mineral rights thereon, and th� right of rever'�itur to the State should right of way area
<br /> be permanently ab�ndoned by said defendant.
<br /> IT TS THEREFORE ORDERED, DECREED AIVD ADJUDGED by the court that �aid perpetual right
<br /> of way easement for the purpose a� here3.nbefore described should be and tn.e same ig
<br /> hereby decreed as vesting in the defendant, Platte Valley Public Power and Irrigation
<br /> Digtric�, sub,�ect �o mineral rightg and the righ� of revertitur to the State upon
<br /> permanent abandorunent by �he defendant for such use, and that said p7:aintiff have and
<br /> ° recov�r from the defendant, Plat�� Va11ey Public Power and Trrigation Dis�rict, ,judgement
<br /> in the sum of ���F.80, together with 3.nterest at the rate of 6J from this date, and that
<br /> the costs of said action, in the su.m of �9.00 be �axed to the defendant.
<br /> /S/ E. G. Kroger
<br /> District Judge 2
<br /> STATE OF NEEiRA5KA )
<br /> )SS I, M. E. Mos�s, Clerk of the District Cour� in and for Hall
<br /> COUNTY OF HALL ) County, Nebraska, hereby certify that the wi�hin and f oregoing
<br /> is a true and corr�et eopy of the Journa,l Entry of �udgement as
<br /> entered in the �,bove entitled matter full nd com�letel as tne same ears of
<br /> , as y a y app
<br /> record in my off'i.ce. �
<br /> IN ti�1ITNESS WHEREOF I have hereunto subscribed my name and affixed official sea1. this
<br /> 7�h day of March, 1950.
<br /> (SEAL) M. E. Moses
<br /> Clerk of tne Distric� Court
<br /> Filed for record '�hig 9 day of RZarch 1950, at 9 ;30 o� clock A.M. ��� (� �
<br /> REGISTER OF DEEDS
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