Real Estate & Property Law

Nevada Mining Suit Ends in Settlement

By Alan Ackerman

The Reno Gazette Journal recognized that there has historically been an understanding that mining was of 'paramount  interest' to Nevada.  Accordingly, this led to cause for protecting the mining companies and allowing the mining companies to acquire by eminent domain.  The reality of the situation is that the issue of whether this taking is a private taking is moot if the constitutional amendment passes this fall.  If the proposal passes, it is likely that the Nevada judiciary would more carefully scrutinize these private acquisitions in the future.  Further, the issue may be moot until such time as mining companies are strictly regulated and taxed by a state agency.

RGJ.com

The sale price was not disclosed, and Judge Andrew Puccinelli instructed both sides not to talk about the settlement until it's final on Aug. 1.

The case put the spotlight on an 1875 state law that gives mining companies essentially the same power of eminent domain as government, saying mining is of 'paramount interest' to Nevada.

Full post as published by National Eminent Domain Blog on July 09, 2010 (boomark / email).