Taking Nevada

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

Oral Argument in Little Valley Fire

Today the Nevada Supreme Court ordered oral argument for November 6, 2018, at 10:30 am in Carson City in the writ proceedings in the Little Valley Fire case.  Nevada appellate buffs will know that oral argument is exceedingly rare at the Nevada Supreme Court.  Eminent domain actions, however, seem to uniformly receive oral argument.  Personally, I think this is a wise policy, since eminent domain actions (including inverse condemnation cases) exist at the intersection between property rights and government power (and responsibilities).

The order scheduling argument did not provide any time for amicus entities to argue, which is standard.  This means the Court will only ask questions of the Nevada Attorney General’s office and the landowner parties.  Hopefully each side does a good job so that the Court can have a squarely presented case to decide.