Municipal Corporations. The city of Lincoln, by the annexation of the village of Havelock, as to rights, obligations, liabilities, and duties imposed upon or possessed by the latter, whether actual or contingent, tortious or on contract, whether already accrued or thereafter to accrue, became, in all respects, the successor of the latter, and subject to the same and identical conditions that were binding upon the village of Havelock.
Under section or , R. A plat made and recorded in statutory form since the enactment of sections and , R.
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While the equivalent to a deed in fee simple to the streets and alleys on a plat is vested in a municipality under section or , R. The title to a street vested in a city of the primary class or in a city of the second class or village is not generally a fee simple absolute but is a qualified base or determinable fee and it is held in trust for the purposes to which the street is dedicated. That vacation proceedings are had by a village board or a city council at the instance and request, and primarily for the benefit, of certain owners whose property would be benefited by such vacation, is not ground for declaring the vacation ordinance void.
An estate in fee simple determinable is created by any limitation which, in an otherwise effective conveyance of land, a creates an estate in fee simple; and b provides that the estate shall automatically expire upon the occurrence of a stated event. Such stated event can be either the happening or the non-happening of a specified occurrence, which can be either certain or not certain to happen, and the conveyor has a possibility of reverter despite the absence of specific words creating any interest in him.
Also, the right of an owner of property abutting on a street to ingress and egress to and from his premises by way of such street is a property right in the nature of an easement in the street which the owner of the property has, not in common with the public generally, and of which he cannot be deprived without due process of law and compensation for his loss. A legislative act will operate only prospectively and not retrospectively, unless the legislative intent and purpose that it should operate retrospectively is clearly disclosed.
A legislative act will not be permitted, even if an attempt so to do is disclosed, to operate retrospectively where it will have the effect to invalidate or impair the obligation of contracts or interfere with vested rights. A municipal corporation is a creature of the law established for special purposes, and its corporate acts must be authorized by its charter and other acts applicable thereto. It therefore possesses no power or faculties not conferred upon it, either expressly or by fair implication, by the laws which created it or by other laws, constitutional or statutory, applicable to it.
Under the provisions of Article XI, section 2, of the Constitution of this state, a home rule charter must be consistent with and subject to the Constitution and laws of this state.
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Under a home rule charter, a city may provide for the exercise of every power, not contravening constitutional inhibitions, connected with the proper and efficient government of the municipality. Where the Legislature has enacted a law affecting municipal affairs, but which is of state-wide concern, such law takes precedence over any action taken by a home rule city under its charter. The preservation of order, the enforcement of law, the protection of life and property, and the suppression of crime are attributes of state sovereignty and matters of state-wide concern, and when the Legislature enacts a general law upon any of these subjects with respect to cities of a particular class, such law applies to all cities of the class, including home rule cities.
Cities which have adopted a home rule charter, as authorized by the Constitution, are subject to the general laws of the state, except as to municipal matters of strictly local concern. Whether or not an act of the Legislature pertains to a matter of state-wide or strictly local concern becomes a question for the courts when a conflict of authority arises. Reversed and remanded with directions. Plaintiffs, Frederick L. Dell and Jacquelyn Dell, husband and wife, brought this action against defendant, city of Lincoln, seeking to quiet title to one-half of Sixty-ninth Street, which is within the limits of the city and adjacent to described real property belonging to plaintiffs.
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Such street had been vacated by a city ordinance, No. Defendant's answer denied generally; and admitted the allegations of plaintiffs' petition in paragraphs 1, 2, and 4 thereof, which need not be repeated here because of a stipulation of facts hereinafter set forth. Defendant further alleged that defendant is a city of the primary class operating under a home rule charter duly adopted under the Constitution and laws of this state; that at the time of the enactment of ordinance No.
In the event title is retained by the city, such property may be leased for a period of not to exceed twenty-five years, or may be sold as provided in Article II, subparagraph 5 of Section 1 of this Charter. Defendant prayed for dismissal of plaintiffs' petition. Plaintiffs' reply was in the nature of a general denial.
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The case was tried in the district court upon a stipulation of facts, and the trial court rendered a judgment dismissing plaintiffs' action with prejudice, at plaintiffs' costs. Thereafter, plaintiffs' motion for new trial was overruled, and they appealed, assigning in substance that the judgment was contrary to the evidence and law.
We sustain plaintiffs' assignment. Such plat and dedication was on that same date filed with the register of deeds of Lancaster County and on January 18, , was duly accepted by said village. On November 13, , Woods Brothers, being the owners of Outlot A of said Woods Brothers Second Addition to Havelock, subdivided the north feet of Outlot A into streets, lots, and blocks, they being designated as Blocks 18, 19, and 20, Woods Brothers Second Addition to Havelock, and on that same day such plat and dedication thereof was duly filed in the office of the register of deeds of Lancaster County.
On June 29, , Woods Brothers, still being the owners of all of the above-described real estate, renumbered Blocks 18 and 20, so that Block 18 became Block 20, and Block 20 became Block 18, and did file a plat renumbering said blocks with the register of deeds on the same date.
Subsequently, in , the city of Lincoln, defendant herein, annexed the village of Havelock, including all of the real estate here in question. Such lot is 50 feet wide east and west, feet long north and south, and lies to the east of and adjacent to Sixty-ninth Street. Sixty-ninth Street is 60 feet wide, runs north and south, and is adjacent to and west of the real estate owned by plaintiffs. Sixty-ninth Street, from Fremont Street north 3 blocks to Seward Avenue, has never been opened, maintained, or used as a street or for any other purpose by the public or by the city of Lincoln.
On July 1, , plaintiffs joined in a petition with others requesting defendant to vacate Sixty-ninth Street from the north edge of Fremont Street to the south edge of the alley between Seward Avenue and Colfax Avenue. Thereafter, the city of Lincoln did, by ordinance No. Plaintiffs claim that by virtue of Sixty-ninth Street being vacated, they became the owners of that part of Sixty-ninth Street lying adjacent to their property, and they filed this action against the city of Lincoln to quiet title to the same.
Plaintiffs argued that in , when Woods Brothers platted and dedicated the described real estate involved, it was located in the village of Havelock; that the title to the area designated as a street was at that time governed by what is now sections , , , , , and , R. In that connection, section , R. Also, section , R.
In that connection, as stated in 16 Am. In Norris v. Tower, Neb. In such light, the only statutory or charter provisions which have been enacted or amended since the property and street here involved were platted and dedicated in and which may affect the issue involved, are the enactment of section , R. All other pertinent legislative or charter provisions have remained the same, unless reference is inferentially made to Laws of Nebraska, , Chapter 44, page , which is hereinafter discussed.
In , pursuant to sections to , R. In that respect, section , R. In Enyeart v. In 62 C. By virtue of section , R. We do not agree with that proposal. Be that as it may, if we assume that upon the annexation of the village of Havelock in , the area platted and dedicated as a street became subject to the laws of a primary city as they then existed, we arrive at the same result in determining the right, title, and interest of plaintiffs and defendant city.
In that connection, defendant was then governed by section , Comp. Section , R. When such plat is so made, acknowledged and certified, and is approved by the mayor and council, the same shall be filed and recorded in the office of the register of deeds of the county.
Section , Comp. In such respect, also, sections and , R. Be that as it may, the legal force and effect of platting and dedicating real property in cities of the second class and villages, and the vacation of streets therein, should be and is binding upon cities of the primary class upon annexation by it of cities of the second class and villages.
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As recently as Belgum v. City of Kimball, Neb. See, also, Hillerege v. City of Scottsbluff, Neb. Therein we held, citing authorities, that: "The title to a street vested in a city is not generally a fee simple absolute but is a qualified base or determinable fee and it is held in trust for the purposes to which the street is dedicated.
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