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Real Estate & Property Law

: National Eminent Domain Blog

Nevada Allowed a Seizure of Private Land For Mines

By Alan Ackerman

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The issue of whether mines are a 'public use' within a state statute clearly is a decision each individual state jurisdiction must make. Kelo provided this decision on a state by state basis. Traditionally, Nevada allowed acquisition of land for mining purposes in order to improve and stabilize the economy. This policy has been in existence for over a hundred years in Nevada.

The new constitutional amendment may modify the seizure of land for mining, but the limitations will probably only provide some type of regulatory landscape by which condemnations may occur in the future.

RGJ.com

ELKO, Nev. -- An exploration and development company wants a court to approve the seizure of almost 3 square miles of private land for a gold mine in northeastern Nevada.

Fronteer Gold has a July 1 hearing before a state judge in Elko on a lawsuit seeking to use eminent domain to acquire 1,785 acres for the planned Long Canyon mine.

The company says it would pay market value of up to $300 per acre for the property.

The site is in the Pequop Mountains, about 28 miles southeast of Wells.

Fronteer also seeks to occupy 16 acres where it has no mineral interests, and about 400 acres where it has mineral rights but not surface rights

Full post as published by National Eminent Domain Blog on June 24, 2010 (boomark / email).