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<br />200802683 <br /> <br />FILED <br /> <br />) <br />) <br />) <br />) <br />) <br />) <br />GENE R HOFFMAN, and WELLS FARGO) <br />BANK, NA, ) <br />) <br /> <br />VILLAGE OF DONIPHAN, <br />A Municipal Corporation, <br />Condemner, <br /> <br />Case No. CI07- !::)Ow I <br /> <br />OCT 2 2 2001 <br />REYNAlDA A CARPENT <br />CLERK MAGISTRATE <br />HALL CO. COURT <br /> <br />IN THE COUNTY COURT OF HALL COUNTY, NEBRASKA <br /> <br />vs. <br /> <br />PETITION TO CONDEMN PROPERTY <br /> <br />Condemnees. <br /> <br />COMES NOW the Village of Doniphan, A Municipal Corporation, and alleges and states <br /> <br />that: <br /> <br />1. The Village of Doniphan is, and at all time relevant has been, a municipal corporation <br />existing under and by virtue of the Constitution and Laws ofthe State of Nebraska, and authorized <br />and empowered by law to exercise the right of eminent domain in the manner and to the extent <br />provided by law. <br />2. The Village of Doniphan has duly determined the necessity of acquiring certain interest <br />in land for storm sewer purposes, such determination and it is the description of the required interests <br />in lands being contained in Resolution No. 09-7, a copy of which is attached hereto, marked Exhibit <br />A, and incorporated herein by reference. The permanent easement specified in said Resolution is <br />the right to use, construct, build, lay, maintain, and repair stonn water improvement in the fonn of <br />a drainage ditch in and upon the described property forever. <br />3. Each of the Condemnees named in the heading of this Petition has, or may claim some <br />right, title or interest in and to the properties herein sought to be condemned by the Village. <br />4. The Village of Doniphan has negotiated in good faith with the respective Condemnees <br />for the acquisition ofthe property sought to be condemned herein. Said negotiations have failed and <br />the Village of Doniphan and the respective Condemnees are unable to agree to the compensation to <br />be paid to the Condemnees. Condemnation proceedings under the power of emipentdornain are <br />mandatory in order to acquire the property herein sought to be condemned for said public purpose. <br />WHEREFORE your Petitioner prays that: <br />1. Within three (3) days from the filing of this Petition, the County Judge of Hall County, <br />Nebraska, by order entered of record, appoint three (3) disinterested freeholders of the County, not <br /> <br />L, a 1'"J aqS<-l <br />