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November 29, 2009

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High court hears condemned land case

Tuesday, April 14, 1998 | 10:21 a.m.

Laura FitzSimmons, attorney for the land owners, told the high court Monday that a lower court order to pay the costs and fees infringed on the right of just compensation in condemnation cases.

Nevada Power lawyer Stephen F. Smith agreed the case produced an "abnormal result," and the utility isn't trying to collect from the property owners.

But Smith said the court should allow the principle to stand because the power to award fees and costs in such cases forces the parties to negotiate and guards against unreasonable demands.

Walker Land Partners owned one of the properties and Michael and Edith Markman and Edith Blake owned the other on Eastern Avenue. Nevada Power wanted an easement for electric lines.

Before trial, Nevada Power offered Walker $27,000 and the Markman group $5,000 which was refused. A jury decided Walker was entitled to $25,400 and Markman $3,900. District Judge Joseph Bonaventure then ordered the land holders to pay $36,602 in court costs and attorney fees for Nevada Power.

FitzSimmons and co-counsel Maria Cleveland argued that the result was less than just compensation for the property.

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