Taking Nevada

Eminent domain, condemnation, infrastructure, and land-use regulation in the Silver State.

Settling eminent domain cases in Nevada and beyond

In January, my colleague Cortney and I had the opportunity to speak at the ALI-CLE 35th Annual Eminent Domain & Land Valuation Litigation Conference in Charleston, South Carolina.  As part of that presentation, we prepared written materials for the conference.  I’m very pleased to say that ALI-CLE has published that article in the July edition of ALI-CLE Practical Real Estate Lawyer

The article focuses on the benefits of mediating the litigated eminent domain action, and provides some practice pointers on how to prepare your case for a productive mediation.  As an eminent domain attorney, I am always bullish on the prospect of settlement.  It avoids unnecessary time, stress, and expense.  Of course, not every case can be settled.  Some matters need a trial or arbitration to get an outcome.  But even cases the cases that can’t settle tend to benefit from mediation, as it often clarifies the parties’ actual positions and interests.  A good mediation can lead the way to either more efficient litigation, or to a second (and hopefully successful) settlement conference down the line.