RESPOND TO THAT NOTICE:
Appellate Court Affirms Governmental Entity
Right To Provide Minimal Notice
For Condemnation Hearing

Under state law, a property owner's failure to file a written request within fifteen days after notice of an intent to consider a resolution of necessity to condemn property results in a waiver of the right to a hearing before the governmental entity.

In the matter of City of Lincoln v. Barringer, property owner Donald Barringer attended a City Council meeting on June 9, 1998 wherein they adopted a resolution of property offers. At the meeting, the council also announced its intention to consider adopting a resolution of necessity to condemn property interests at a meeting on June 22, 1998, if offers were not accepted. On June 10, 1998, the City sent the property owner, Barringer, a letter providing an offer to buy a portion of his property with a copy of an adopted resolution. Perceiving the matter to be futile, the property owner did not attend the hearing on June 23, 1998, and the resolution was adopted without input from the property owner.

The City then filed a condemnation action, which was dismissed when the trial court determined that the City had failed to give adequate notice. On appeal, the Appellate Court reversed. Although state law contemplates giving fifteen days to a property owner to request a hearing, and the property owner had actual notice of as little as fourteen days, the Appellate Court determined that "reasonable written personal notice" had been given to the property owner in regard to the property owner's opportunity to be heard.

The moral of the City of Lincoln case is that a property owner should, at a minimum, provide notice of the property owner's intent to be heard in regard to a taking of property which the property owner contests.