Judges: WRITTEN BY: Paul L. Douglas, Attorney General; Gary R. Welch, Assistant Attorney General.
Filed Date: 7/27/1979
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: James E. Dunlevey, State Court Administrator.
Is a condemnation action under Chapter 76, Article 7, a civil matter within the meaning of Section
Are the fees provided in Section
Should the court collect the fees provided in both Sections
Should the Retirement Fund for Judges Fee provided by Section
No.
Yes, and also those fees under Section
Only Section
Yes, in District Court only.
Section
"The county court shall be entitled to the following fees in civil matters: For any and all services rendered up to and including the judgment or dismissal of the action, ten dollars; for all orders, after judgment, including writs of execution, restitution, garnishment, examination in aid of execution, and taking and approving any recognizance or bond, one dollar each."
We note that the section contemplates an action having been filed in county court, even though the term civil matter is used. It is recognized by the cases in Nebraska that the power conferred upon the county judge by the Eminent Domain Act and the duties required of him are not judicial powers, but are duties which are purely administrative. (Winer v. State,
". . . not to try a civil action pending between the landowner and the railway company, not to pronounce a judgment, but simply to assess damages which the landowner will sustain by reason on the appropriation of his land for the railroad's right of way."
In Lane v. Burt County Rural Public Power District,
"Condemnation proceedings become a judicial proceeding only when appealed to the District Court. . ."
Therefore, it must be concluded that Section
The county court is entitled to a fee under Section
". . . appointment of appraisers in condemnation proceedings, five dollars, plus one dollar for each additional parcel of land included in the petition where more than one; certifying report of appraisers to county clerk or register of deeds, and making transcript of same to the district court, one dollar per page."
With regard to the question of the Judge's Retirement Fund Fee, set forth in Section