vital inquiry in Nebraska

2001The vital inquiry is whether the grantor intended a complete transfer — whether the grantor parted with dominion over the instrument with the intention of relinquishing all dominion over it and of making it presently operative as a conveyance of the title to the land.[”] (Emphasis omitted.) Brtek, 245 Neb. at 767 , 515 N.W.2d at 636-37 .

2001The vital inquiry is whether the grantor intended a complete transfer — whether the grantor parted with dominion over the instrument with the intention of relinquishing all dominion over it and of making it presently operative as a conveyance of the title to the land.[”] (Emphasis omitted.) Brtek, 245 Neb. at 767 , 515 N.W.2d at 636-37 .

1977To levy a tax [special assessment] without a corresponding increase in value is to take private property for public use,’ ” citing Schneider v. Plum, 86 Neb. 129 , 124 N. W. 1132 .

1928In Schneider v. Plum, 86 Neb. 129 , at page 131, in an opinion by Root, J., this is said: “The vital principle underlying special assessments is that the value of the property taxed has been increased in a sum at least equal to the assessment levied.

1935“As a starting point for the consideration of the question presented, we may adopt the language of Judge Dillon, that a municipal corporation ‘possesses, and can exercise the following powers, and no others: First, those granted in- express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient, but indispensable.’ ” Christensen v. City of Fremont, 45 Neb. 160 .