Owning property in Nevada is a source of pride for businesses and owners alike. For the most part, property owners are free to use the property as they see fit, as long as they follow all the applicable zoning and land use laws. However, there are circumstances in which a government entity may invoke its eminent domain power to seize privately owned property for public use. Federal, state, and local government agencies, such as the Department of Transportation, have the constitutional authority to take private property and use it for projects or purposes that will benefit the public in some way. For example, the Nevada Department of Transportation (NDOT) may invoke its eminent domain power to take private land in order to expand an existing freeway in order to improve traffic flow in the area (which benefits the public). In exchange for seizing the property, the entity exercising its eminent domain authority must provide the affected landowner with “just compensation.” 

Understandably, Nevada landowners facing an eminent domain action can feel confused and powerless. It’s essential to understand your property owner rights in Nevada so that you can ensure the legality of the taking and maximize the compensation you receive in exchange for the taking. As soon as you hear of an upcoming construction project or other proposed development that could affect your property, reach out to a highly experienced Nevada eminent domain attorney for the customized legal guidance you need during this stressful and concerning time. Let’s take a look at the eminent domain process in Nevada and the steps you can take to ensure that your rights remain protected and upheld at every opportunity. 

What is Eminent Domain?

Eminent domain is a power bestowed upon the government so that it may use private property when accomplishing projects that are for public use. While the Fifth Amendment to the U.S. Constitution does not explicitly define eminent domain, it does stipulate, “nor shall private property be taken for public use, without just compensation.” In other words, the government can invoke eminent domain as long as it provides the affected property owner with just compensation. Federal, state, and local governments can use eminent domain for projects like road construction, building a new public library or public school, improving access to public utilities, and for other purposes that benefit the public in some way.

When and Why the Government Can Take Private Property

The entity invoking its eminent domain power (sometimes called the condemning authority, as the legal process by which the entity seizes the property in exchange for compensation is called condemnation) must be able to justify this action by showing how it will benefit the public. Projects like road improvement, utility expansion and access, and public infrastructure improvements typically meet the public use requirement. In Nevada, the public uses for which an entity may exercise its eminent domain authority are identified under NRS 37.010. An eminent domain action may be total or indirect. In any scenario, it’s essential for the affected property owner to understand their rights during this process. 

Nevada Property Owner Rights in Eminent Domain Cases

Nevada property owners have the right to obtain fair compensation in exchange for their land. However, the term “just compensation” can be frustratingly vague, and the condemning authority will likely propose an amount of compensation that fails to accurately reflect the value of your property. Unfortunately, many property owners are not fully aware of their legal rights in the face of an eminent domain action, and they mistakenly assume that they have no choice but to go along with the entity’s initial offer. Accepting the initial offer maydeprive you of the fair and equitable amount of compensation you rightfully deserve in exchange for handing your property over to the government entity. It’s essential that you partner with a highly qualified and knowledgeable Nevada eminent domain attorney who can look out for your best interests and negotiate a fair and favorable settlement. Or, you may decide to invoke your right to challenge the validity or legality of the taking itself. To learn more about challenging eminent domain in Nevada or maximizing your chances of securing a successful outcome, reach out to a top Nevada eminent domain law firm today. 

How Compensation is Determined in Nevada Eminent Domain Cases

Eminent domain compensation in Nevada encompasses much more than the current value of the land. The term “just compensation” can include several different factors, such as the fair market value (i.e., the highest price the property would receive on the open market), improvements done to the property, business losses as a result of relocation, relocation costs, damages for excessive delays or unreasonable conduct on the part of the government entity, and costs pertaining to interest, appraisal fees, and (in some cases) attorneys’ fees. Property owners affected by eminent domain have the right to reject the initial offer of compensation and work with a highly skilled Nevada eminent domain attorney to push for a more fair and equitable amount of compensation in exchange for the use and seizure of the property. 

Steps Nevada Property Owners Should Take if Contacted About an Eminent Domain Action

As soon as you hear of an upcoming eminent domain action in your community, it’s worth contacting a trusted and experienced Nevada eminent domain lawyer who can assess the circumstances and inform you of your legal rights. Together, you can prepare to move through the upcoming steps of the eminent domain process, from reviewing the initial offer of compensation to taking the matter to litigation, if necessary. Securing top-tier legal representation is essential to maximizing the amount of compensation you receive in exchange for turning over your property. 

Frequently Asked Questions (FAQs) About Eminent Domain in Nevada

Can I Refuse to Sell My Property Through Eminent Domain in Nevada?

You can challenge the taking itself, but if the project is legally justified and truly for public use, refusal alone will not stop the eminent domain action.

How Long Does an Eminent Domain Case Typically Take? 

It can range from a few months to over a year, depending on negotiations and potential litigation.

What If I Think the Compensation Offer is Too Low?

You have the right to dispute the offer and present evidence for a higher valuation.

Get Started With a Top Nevada Law Firm Today

If you are a Nevada property owner facing an eminent domain or condemnation action, you need top-tier legal representation right away to ensure that your rights and interests are sufficiently protected. At Reisman Sorokac, we believe in aggressively defending the rights of businesses and property owners throughout the state of Nevada. We encourage you to contact our Las Vegas office today at (702) 727-6258 to get started with a trusted and experienced eminent domain attorney.