Real Estate & Property Law

Comstock Claims No Threat of Condemnation

By Alan Ackerman

Comstock Mining's actions indicate why legislatures are moving to limit mining companies' use of eminent domain. Comstock says it wants to be a good buddy to property owners. But if those owners refuse to sell, Comstock can ultimately force them to do so through condemnation. Nevada may be better off giving up the economic benefits of mining in order to protect owners from mining companies' greed.

Nevada Appeal

A number of Silver City residents testified in support of legislation that would repeal the ability of mining companies to use eminent domain to force the sale of private property to them. More than one of them said Comstock Mining had already said it would do so.

Comstock spokesman Doug McQuide said in a letter those statements 'could not be further from the truth.'

He said company president Corrado De Gasperis met with residents at their town council on more than one occasion to address concerns including the issue of condemnation.

'We carefully articulated a philosophy of working with the community to achieve common goals and a ‘win-win' solution to conflicts,' McQuide wrote. 'I believe the words Corrado used to describe the idea of using eminent domain were something on the order of : ‘it is crazy' and/or ‘it is an insane' way to operate a mining operation.'

Full post as published by National Eminent Domain Blog on February 28, 2011 (boomark / email).