In a precedent setting case, the Nevada Supreme Court recently ruled in the city of Las Vegas’ favor relating to two separate actions brought by the city to utilize property to make road improvements. The positive ruling for the city establishes new law in Nevada, which will benefit the state, counties, each municipality and all public utilities, including cable television.
The city’s appeal to the Nevada Supreme Court stemmed from actions brought by the city to use 33-foot-wide strips of real property, known as “patent easements,” granted to the city over 50 years ago, on land owned by Cliff Shadows Professionals, LLC and Bluewaters Partnership. The property was used for improvements to Cliff Shadows Parkway.
The Supreme Court held that using 33-foot-wide easements for roadway expansion does not constitute a “taking” for eminent domain purposes and that the city does not have to pay to use the easements to widen roads. Previous District Court rulings would have required the city pay approximately $1 million in extra land acquisition costs plus about $100,000 in attorney’s fees/costs. The Nevada Supreme Court vacated the previous rulings.
This case has been litigated for approximately five years.