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upr000285 284

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upr000285-284
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University of Nevada, Las Vegas. Libraries

Los Angeles, July 27, 1937, a j k> ojL /L cla^.— (ruu*^ Bennett on vacation but Renwick advises as follows: Hevada condemnation statute provides: "Before property can be taken it must appear, i f already appropriated to some public use, that the public use to which i t is to be applied is a more necessary publio use", Nevada courts have never decided whether use by a city of water plant is more neces­sary public use than use of slime plant by private corporation. Nevada statute does not contain provision found in many state statutes that municipal use deemed more necessary use than use by public service corporation, but aside from such provision there is some authority in courts of other states that more public benefit is obtained from municipal use and therefore "more necessary public use". Nevada court might take this view but Renwick cannot say d efin itely without further re­search. Aside from above there is problem whether new prop­erty is devoted to public use. I f not can be condemned, although owned by Las Vegas Land and Water Company. Property is devoted to public use although not presently used i f ac­quired fo r necessary purpose and held in anticipation of future needs with bona fide intention of using fo r such pur­pose within reasonable time.