Editorial: Remove the penalty for exercising rights

Friday, March 28, 2003 | 9:07 a.m.

The doctrine of eminent domain allows governments to take private property if it's needed for a vital public need. Highways, bridges and fire stations are examples of projects sometimes warranting its use.

Property owners confronted with eminent domain proceedings have rights protecting them against financial loss. The Fifth Amendment guarantees that no one shall be deprived of property without due process of law. It also forbids the taking of private property for public use "without just compensation." The Nevada Constitution adds to the protection, guaranteeing the right of a trial by jury in civil cases and reiterating the Fifth Amendment's "just compensation" clause.

A Nevada law, however, makes it difficult for some property owners to avail themselves of these rights. The law says a property owner may be assessed the government's legal costs if he challenges the original offer in court and the jury allows it to stand. One property owner testifying before the Legislature said the city of North Las Vegas warned that her costs could be $50,000 if the jury did not increase the city's offer. This penalty, which is not imposed in any other state, would be dropped under Assembly Bill 397, sponsored by William Horne, D-Las Vegas. This is a good bill and should be passed.