Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 02/16/2024 08:09 AM CST - 926 - Nebraska Supreme Court Advance Sheets 315 Nebraska Reports SID NO. 596 V. THG DEVELOPMENT Cite as 315 Neb. 926 Sanitary and Improvement District No. 596 of Douglas County, Nebraska, appellee, v. THG Development, L.L.C., appellant. Sanitary and Improvement District No. 596 of Douglas County, Nebraska, et al., appellants and cross-appellees, v. THG Development, L.L.C., appellee and cross-appellant. ___ N.W.2d ___ Filed February 16, 2024. Nos. S-22-688, S-23-134. 1. Eminent Domain: Verdicts: Appeal and Error. A condemnation action is reviewed as an action at law, in connection with which a verdict will not be disturbed unless it is clearly wrong. 2. Summary Judgment: Appeal and Error. An appellate court affirms a lower court’s grant of summary judgment if the pleadings and admitted evidence show that there is no genuine issue as to any material facts or as to the ultimate inferences that may be drawn from the facts and that the moving party is entitled to judgment as a matter of law. 3. Eminent Domain: Words and Phrases. Eminent domain is the inherent power of a governmental entity to take privately owned property, espe- cially land, and convert it to public use, subject to reasonable compensa- tion for the taking. 4. Eminent Domain: Damages. In a condemnation action, there are two elements of damage: (1) market value of the land taken or appropri- ated and (2) diminution in value of the land remaining, less special benefits. 5. Special Assessments: Improvements: Words and Phrases. Special assessments are charges imposed by law on land to defray the expense of a local municipal improvement on the theory that the property has received special benefits from the improvements in excess of the ben- efits accruing to property or people in general. - 927 - Nebraska Supreme Court Advance Sheets 315 Nebraska Reports SID NO. 596 V. THG DEVELOPMENT Cite as 315 Neb. 926 6. Special Assessments: Improvements. The foundation for a local assessment lies in the special benefits conferred by the improvement upon the property assessed, and an assessment beyond the benefit so conferred is a taking of property for public use without compensation and, therefore, illegal. 7. Constitutional Law: Statutes. The constitutionality of statutes and statutory interpretation present questions of law. 8. Judgments: Appeal and Error. An appellate court independently reviews questions of law decided by a lower court. 9. Constitutional Law: Rules of the Supreme Court: Statutes: Appeal and Error. A party challenging the constitutionality of a statute must strictly comply with Neb. Ct. R. App. P. § 2-109(E) (rev. 2023). 10. Constitutional Law: Rules of the Supreme Court: Statutes: Notice: Appeal and Error. Neb. Ct. R. App. P. § 2-109(E) (rev. 2023) requires, in part, that a party presenting a case involving the federal or state constitutionality of a statute must file and serve notice thereof with the Supreme Court Clerk by separate written notice or in a petition to bypass at the time of filing such party’s brief. …
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