72. Sale/Transfer

    1. Sale/Transfer: When the owner sells the property after the condemnor has taken occupancy, but prior to a final order of condemnation, the seller is entitled to the entire condemnation award, absent a contract to the contrary. Argier v. Nevada Power Co., 114 Nev.137, 952 P.2d 1390 (1998).

    2. Taking/Sale/Transfer: "The [Supreme] Court held that when the government enters into possession of property prior to acquiring title, it is the former event which constitutes the taking. Dow [United States v. Dow, 357 U.S. 17 (1958)], 357 U.S. at 22. Therefore, the person who owned the subject land at the time the government took possession was entitled to compensation." (Id. at 140)

    3. Transfer/Sale: "It is generally presumed that the right to compensation remains with the vendor of the land unless the contract of sale specifically provides to the contrary." (Id. at 141)