Taking Nevada

Once upon a time, a golf course in the City of Las Vegas died. A developer bought it, and sought to replace rolling greens and fairways with housing and driveways. Litigation ensued. Eventually, the City denied the developer’s plans. And… litigation ensued. The City enacted a rule concerning the development of open space into housing… and… well… litigation ensued. This week, the City of Las Vegas decided to revoke its 2018 ordinance concerning open space development. I think we can all anticipate what will happen next.

Once upon a time, the City of Henderson noticed that it was becoming an unaffordable (although very nice) place to live. In response, its council set out to look for ways to add affordable housing units. One proposal on the table, often considered a developer’s “worst nightmare” is “inclusionary zoning” in which certain units in the development must be allocated for affordable housing.

Generally, government entities charged with approving developments have the ability to compel landowners and developers to take certain actions (like paying more money or setting aside parts of land) in order to offset the harm caused by the new development. It can be perilous, and developers often challenge such requirements as being excessive and, consequently, unconstitutional. It will be an interesting year in the Southern Nevada Valley as cities grapple with development and runaway housing costs.