SID No. 67 v. State
309 Neb. 600
| Neb. | 2021Background
- Sanitary and Improvement District No. 67 (SID 67) serves the Normandy Hills subdivision and maintained its internal streets and roads.
- In 2003–2004, NDOT and Sarpy County reconfigured Highway 75 access, blocking two direct subdivision access points and rerouting traffic via a longer frontage-road route.
- SID 67 sued for inverse condemnation in county court, alleging the rerouting damaged its property (claiming ownership of the roads by dedication); the plat was not attached to its petition.
- A three-appraiser panel in county court found SID 67 suffered $0 damages; SID 67 sought review in district court.
- NDOT and Sarpy County moved to dismiss for lack of standing/real party in interest and failure to state a claim; the district court dismissed the action on the pleadings for lack of standing.
- The Nebraska Supreme Court affirmed, holding SID 67 (a political subdivision) is not a "person" owning "private property" and thus lacks standing to bring an inverse condemnation claim against the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should have allowed SID 67 to introduce evidence (e.g., the plat) when standing was challenged | SID 67: ownership of the roads is a factual issue requiring evidence; pleads dedication | NDOT/Sarpy: motions were facial jurisdictional challenges at pleading stage; no extra-pleading evidence allowed | The challenge was facial; district court properly considered pleadings only and did not err in excluding evidence |
| Whether SID 67 is the real party in interest and can bring an inverse condemnation claim against the State | SID 67: it owns the roads by dedication and thus suffered a taking or damage | NDOT/Sarpy: SID is a political subdivision, not a “person” with “private property”; cannot assert constitutional takings claim against the State | SID 67 is not a person holding private property for takings purposes and lacks standing; dismissal affirmed |
Key Cases Cited
- S.I.D. No. 95 v. City of Omaha, 221 Neb. 272 (Neb. 1985) (SIDs are political subdivisions; State may modify or withdraw their powers and property interests)
- Rock County v. Spire, 235 Neb. 434 (Neb. 1990) (counties are not “persons” entitled to takings or due process protections for property held in a public capacity)
- Knick v. Township of Scott, 139 S. Ct. 2162 (U.S. 2019) (describing inverse condemnation as a landowner’s suit to recover for state takings without formal condemnation)
- United States v. 50 Acres of Land, 469 U.S. 24 (U.S. 1984) (federal takings of state-held private property require compensation due to separate sovereigns)
- United States v. Carmack, 329 U.S. 230 (U.S. 1946) (takings clause does not cover transfers of property from one governmental use to another by the same sovereign)