Real Estate & Property Law

Limiting Use of Eminent Domain for Mining

By Alan Ackerman

Affected property owners in Nevada oppose a statute that grants condemnation authority to private mining companies.  There is a proposed revision of the statute pending, but it may not offer enough protection if Courts deem mining a 'public use' under the Nevada Constitution.

The underlying problem is that owners my not recognize that their property maintains a higher and better use for mining. In that case, mining companies may take advantage by using eminent domain to acquire the property, rather than negotiating a fair price to ensure that the owner profits from mineral reserves as well.

CarsonNOW.org

A number of Silver City residents will go before lawmakers today to show their support of a proposed amendment to Nevada's eminent domain law that would remove the ability of a private person or business to exercise the law for the purposes of mining.

The current law on eminent domain (Chapter 37 of the Nevada Revised Statues) allows private individuals to take private land from property owners without their consent, for the purposes of mining. Testimony on this bill will be heard by the Judiciary Committee of the Nevada State Legislature today at 9 a.m. in room 2149.

Full post as published by National Eminent Domain Blog on February 22, 2011 (boomark / email).