The best and the worstThe Nevada IndexThe best and the worst

The Nevada Supreme Court

The best and the worst of Nevada Supreme Court decisions

I. The Worst

1. Glenbrook Homeowners v. Pettitt, 112 Nev. Adv.Op. 99 (1996)
This unanimous per curiam decision held that NRS 37.017(7), which says that eminent domain may be used for roads, implies that anyone may exercise the sovereign power of eminent domain without further legislative authorization.  The decision reversed the lower court ruling that a homeowners association cannot condemn a neighborhood property to widen its entrance, since it was not one of the many entities specifically empowered by the State legislature to exercise the sovereign power of eminent domain.  The idea that any citizen, without legislative approval, may command the sovereign power of the state, and the consequence that the courts would have to defer to such a "condemnor's" conclusions of public use and necessity in the same manner as the conclusions of elected public officials, but without the statutory safeguards that apply to statutorily authorized entities, sent shivers up the spines of the Nevada State Legislature, which quickly nullified this decision in its1997 session. The decision demonstrated a misunderstanding of sovereignty, a misapprehension of the power of eminent domain, disregard for common rules of statutory interpretation, or a willingness to reach a result with no regard for the consequences.
 
 
 
  
 
 
 

II. The Best

 
  
 
 
 
 
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The best
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