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Are Rezoning or Eminent Domain Actions Threatening Your Property?

Nevada residential and commercial property owners that learn that the city, county, or state government might seize their property through eminent domain should take steps to protect their interests and rights. In the early phases of planning, it is possible to fight land grabs and rezoning. However, losing the property might become an inevitable outcome. When that is the case, people should know how to protect their rights to receive fair compensation by negotiating favorable terms.

Eminent Domain Actions by Governments

City, county, and state governments use eminent domain to convert private property to public use. When eminent domain actions succeed, private property owners are required to surrender portions of their property or entire parcels for uses deemed to be in the public interest. Some examples of when the government might initiate an eminent domain action include the following:

  • Road construction or expansion
  • Building schools
  • Installing utilities
  • Constructing bridges

While governmental entities can seize property through Nevada’s eminent domain laws, property owners are entitled to compensation for their land. Negotiations can help landowners secure fair compensation for their land.

Rezoning and Eminent Domain by Private Entities

Developers may submit proposals requesting the rezoning of specific areas to support commercial uses or higher-density housing for their projects. Residential and commercial property owners who will be impacted by the proposal can object to the plans and ask for mitigation for problems like increased pollution and traffic. 

In some cases, it will be impossible to save a property from rezoning or eminent domain actions. When surrender is inevitable, fighting for just compensation might allow property owners to receive compensation for the fair market value of the land that they will lose. To ensure that property owners receive an appropriate amount of compensation, they will need to have proper appraisals completed with the most current maps. 

Property Developers and Actions

Property developers might need to rely on eminent domain actions and rezoning efforts to repurpose properties for other uses. These types of proposals commonly receive stiff opposition. Developers must be prepared to present their plans in a careful and thorough way to zoning boards and commissions so that they can show their benefits to the city or county where the developments will be located. Developers may need to survey owners and negotiate surrenders in advance. This can make succeeding with a rezoning or eminent domain action likelier.  

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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