Condemnation Law
Overview
From pre-condemnation planning, government taking hearings and negotiation, to trial or appellate representation, the Law Firm of Hutchison & Steffen offers extensive experience in the complex environment of eminent domain. Our attorneys have substantial experience in representing property owners in proceedings when the government attempts to seize private property for public purposes. The Firm aggressively protects clients' legal rights through the condemnation process to ensure they secure just compensation.
To discuss a taking or a government offer with the Firm's eminent domain attorneys, call 702.385.2500 in Las Vegas or 775.853.8746 in Reno, or contact Hutchison & Steffen online.
Understanding The Practice
What Is Eminent Domain?
Eminent domain is the government's power to take private property for public use, and condemnation is the legal process it must follow to exercise that power. Both the United States Constitution and the Nevada Constitution permit takings only for a public use and only upon payment of just compensation to the owner. In Nevada, condemnation actions proceed under NRS Chapter 37, which governs everything from the government's initial resolution of necessity through the valuation trial that determines what the owner is paid.
Nevada property owners hold protections that go beyond the federal baseline. Article 1, Section 22 of the Nevada Constitution, adopted by voters in 2008, prohibits the government from taking property in order to transfer it to another private party, and it defines just compensation for an owner's primary residence and other takings by reference to the highest price the property would bring on the open market. Those provisions give Nevada landowners real bargaining power that owners in many other states do not have.
The condemnation process usually begins quietly: an appraiser visits, a right-of-way agent calls, and a written offer arrives. The government's offer is based on its own appraisal, prepared for the party doing the taking, and owners are under no obligation to accept it. An owner is entitled to an independent appraisal, to negotiate, and ultimately to have a jury decide the property's value. In partial takings, compensation must also account for severance damages, meaning the loss in value to the land the owner keeps.
Not every taking is announced. When a public project floods private land, cuts off access, or a regulation strips property of its use without any condemnation action being filed, the owner may bring an inverse condemnation claim to force the government to pay for what it has effectively taken. These claims sit at the intersection of property law and the Takings Clause work described on our Constitutional Law page, and they often arise alongside the transactional issues handled by our Real Estate Law attorneys.
How We Help Property Owners
Eminent Domain Services for Nevada Landowners
Pre-Condemnation Planning & Negotiation
The strongest position is built before the complaint is filed. We advise owners from the first contact by a public agency, manage communications and inspections, commission independent appraisals, and negotiate from a documented valuation rather than the government's number.
Challenging Public Use & Necessity
The power to take is not unlimited. Where the facts support it, we contest whether a proposed taking serves a genuine public use, whether the specific property is actually necessary for the project, and whether the condemning authority has followed the procedures NRS Chapter 37 requires.
Just Compensation & Property Valuation
Valuation is where most condemnation cases are won or lost. We work with appraisers, engineers, and land-use professionals to prove highest and best use, and we present that evidence to the jury that Nevada law entitles owners to demand.
Partial Takings & Severance Damages
When the government takes a strip for a road widening or a utility corridor, the damage rarely stops at the property line of the take. We pursue severance damages for lost access, impaired visibility, reduced parking, and the other ways a partial taking diminishes the remainder.
Inverse Condemnation Claims
When government action takes or damages property without a condemnation filing, the owner must start the fight. We bring inverse condemnation actions for physical invasions such as flooding, for loss of access, and for regulatory actions that deprive land of its economically viable use.
Trial & Appellate Representation
Understanding the Distinction
Eminent Domain vs. Inverse Condemnation in Nevada
Direct condemnation and inverse condemnation reach the same constitutional promise of just compensation from opposite directions. Knowing which posture your situation presents shapes strategy, deadlines, and proof.
| Factor | Eminent Domain (Direct) | Inverse Condemnation |
|---|---|---|
| Who Starts the Case | The government files a condemnation action under NRS Chapter 37 | The property owner sues the government to force payment |
| What Triggers It | A planned public project such as a highway, flood control, or utility corridor | A taking or damaging that occurred without any condemnation filing |
| Typical Examples | Right-of-way acquisitions, full parcel takings, easements | Flooding from public works, loss of access, regulations eliminating all viable use |
| Compensation Standard | Just compensation, with Nevada's Article 1, Section 22 protections applied | Same constitutional standard, but the owner must first prove a taking occurred |
| Key Battleground | Valuation: what the property and any severance damages are worth | Liability: whether the government's conduct amounts to a compensable taking |
Protecting Your Position
When to Involve an Eminent Domain Attorney
The most common mistake Nevada property owners make in condemnation is waiting. By the time a formal offer arrives, the condemning agency has already completed its appraisal, set its budget, and built its file. An owner who engages counsel at the first contact preserves evidence of the property's condition and use, controls how inspections proceed, and starts building the valuation case while there is still room to negotiate.
Accepting the first offer is a choice, not a requirement. Nevada law entitles owners to their own appraisal, to negotiate, and to a jury trial on value, and Article 1, Section 22 of the Nevada Constitution sets a compensation standard designed to favor the owner rather than the government. Whether a particular offer is fair is a question of evidence, and it deserves an independent answer.
This page is educational and is not legal advice. Every taking is fact-specific, and no attorney can promise a particular valuation outcome. What our attorneys can do is make sure the government proves its case, follows the process NRS Chapter 37 demands, and pays what the Constitution requires.
Common Questions
Frequently Asked Questions
Can the government really take my property in Nevada?
Yes, but only within constitutional limits. The taking must be for a public use, the agency must follow the procedures in NRS Chapter 37, and the owner must receive just compensation. Nevada voters strengthened these protections in 2008 through Article 1, Section 22 of the Nevada Constitution, which among other things bars the government from taking property in order to hand it to another private party.
What is just compensation?
Just compensation is the payment the Constitution requires when the government takes private property. In Nevada it is measured by fair market value, and Article 1, Section 22 frames that value as the highest price the property would bring on the open market, based on its highest and best use rather than merely its current use. In partial takings, just compensation also includes severance damages for the loss in value to the remaining property.
Do I have to accept the government's first offer?
No. The initial offer is based on an appraisal commissioned by the condemning agency, and owners routinely obtain independent appraisals that reach materially different conclusions. An owner may negotiate, present competing valuation evidence, and if necessary have a Nevada jury decide the property's value. Whether any particular offer is fair can only be judged against independent evidence.
What is inverse condemnation?
Inverse condemnation is a lawsuit brought by a property owner when the government takes or damages property without filing a condemnation action. Common examples include flooding caused by public works, the loss of access to a parcel, and regulations that eliminate all economically viable use of land. If the owner proves a taking occurred, the government owes the same just compensation it would have paid in a direct condemnation.
How long does an eminent domain case take in Nevada?
It varies with the dispute. Cases that settle after an independent appraisal and negotiation can resolve in months, while contested valuation trials under NRS Chapter 37, particularly those involving severance damages or challenges to the taking itself, can run considerably longer, and appeals add time beyond that. Early preparation tends to shorten the road because it forces the valuation question into focus while negotiation is still possible.
The information on this page is educational and is not legal advice. Reading it does not create an attorney-client relationship with Hutchison & Steffen. For guidance on a specific matter, contact the Firm at 702.385.2500 in Las Vegas or 775.853.8746 in Reno.