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.