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How Does Eminent Domain Affect You?

Proposed Property Law Featured On 2008 Ballot

While most people plan to vote for Sen. Barack Obama or Sen. John McCain at the polls, most don't realize that a property law will also be on the agenda.

Valley voters will be asked to decide on an eminent domain law again this year under ballot question No. 2.

The ballot proposal restricts the use of eminent domain for local and state governments. It would only allow local and state governments to 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.

To read about the other laws on this year's ballot, visit the county's election Web site.

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