Real Estate & Property Law

Nevada allows property takings for sugar beet production

By Alan Ackerman

In the last few weeks, one cannot help but note the acquisition by a Canadian mining company of a potential privately owned mineral site in Northeastern Nevada.  The existing Nevada statutes may allow private acquisitions for land under the existing state Constitutional provision.  It must be remembered that Kelo held acquisitions are for each state to control and decide whether a taking is for Public Use under the Police Power.  However, Nevada may change this when the ballot is completed in the upcoming referendum.  In Nevada, a ballot issue must pass two successive general elections prior to being a  Constitutional mandate.  The private property limitation passed for the first time about two years ago, is now up for consideration in November, 2010.   With the proposed Constitutional limitations, these private takings may be limited in Nevada.
      
Las Vegas Sun

Nevada's eminent domain law is proving to be antiquated, with protection included for the sugar beet industry, which hasn't operated in the state in more than 40 years.

The law that outlines when one party can legally take land from someone else says eminent domain can be used for "pipelines to conduct any liquids connected with the manufacture of beet sugar."

Full post as published by National Eminent Domain Blog on July 14, 2010 (boomark / email).