Municipal Corporations - Supreme Court Review
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Authors
Issue Date
1978
Volume
11
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|In Father Flanagan's Boys' Home v. Millard School District, the Nebraska Supreme Court reversed and remanded the trial court by holding that the defendant Millard School District and Board of Education had the power and right to condemn a forty acre tract of land owned by the plaintiff Father Flanagan's Boys' Home.|The plaintiff's property used for row crops was located near the geographical center of the northern area of the defendant's school district, which selected the forty acre site for a new senior high school. Unable to acquire the property by purchase, the defendant sought to exercise its power of eminent domain. The plaintiff alleged that 1) the forty acre area was a vital part of its agricultural training program; 2) condemnation by the defendant would unconstitutionally establish a priority of public education over private; 3) the property was already being used for the public benefit; and 4) the defendant had no present or reasonably forseeable future need for the property for use as a public school. At the trial level, the court found that although the defendant had a present and substantial need for the property, the defendant had failed to show there was not a "reasonable alternate means of accomplishment." This was the principal issue on appeal...
Description
Citation
11 Creighton L. Rev. 253 (1977-1978)
Publisher
Creighton University School of Law