High court asked to decide condemned property value

Wednesday, June 26, 2002 | 9:12 a.m.

CARSON CITY -- An attorney for three property owners in Las Vegas Tuesday urged the Nevada Supreme Court to uphold a decision giving each of the three $445,000 for their land that was used in construction of the airport connection on the Las Vegas Beltway.

Kermitt Waters said the three received just compensation for their property, which is now under Interstate 215.

But Michael Foley, an attorney for Clark County, said the value of the property should have been based on 1992 values, not on higher 1995 values as ordered by two District Court judges.

Gary Bruno, George and Gertrude Rudiak and Sam and Billie Ann Iacovetto owned the three parcels sought by Clark County.

Former District Judge Gerard Bongiovani ruled the values should be set on 1995 prices, not those from 1992, when the county gave its notice of condemnation. The Nevada Supreme Court reversed Bongiovani and ordered the values figured on 1992 figures.

The 1999 Legislature changed the law in question. District Judge Nancy Saitta affirmed the three owners should get the higher value even though the Nevada Supreme Court said the 1992 value should be used.

Foley argued the 1999 law was not retroactive so it should not have affected this condemnation case. He said he was bothered by the Legislature passing special legislation to override the Supreme Court in this case.

Waters argued the 1999 law clarifying the statute gave protections to the landowners. He said the county obtained entry to the property in 1992 and had been using it since. The property value increased significantly between 1992 and 1995, he said.

"The government got a free ride," Waters said. If the landowners were required to pay back the county based on the 1992 price, Waters said, the amount would be in excess of what they received from the court. The landowners would have to pay interest on the amount that would have to be repaid, he said.

The court took the arguments under study and will rule later.