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State Passes Eminent Domain Law

Law Limits State, City Ability To Take Land

POSTED: 8:56 pm PST November 4, 2008
UPDATED: 9:08 pm PST November 4, 2008

A record number of Nevada voters approved one of the most controversial ballot questions was approved Tuesday.

Question No. 2. dealt with the restriction of eminent domain. Under the new law, state and city governments can only take possession of private land for real public use, such as roads and schools -- not casinos.

If the government did gain control of someone's property, then the person losing his or her property must get the highest price that property would bring on the open market, the proposal said.

It would also allow landowners to go to court to reclaim their land if the government fails to use it in five years after taking the property under eminent domain.

Opponents to the question say eminent domain is a tool local and state governments need for tax purposes and to generate money.

As part of Nevada law, voters are required to pass a proposal twice before it becomes law. The eminent domain proposal was first on the ballot in 2006.


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