Skip to main content

Search the Special Collections and Archives Portal

upr000267 96

Image

File
Download upr000267-096.tif (image/tiff; 23.52 MB)

Information

Digital ID

upr000267-096
    Details

    Rights

    This material is made available to facilitate private study, scholarship, or research. It may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UNLV. Users are responsible for determining whether permissions are necessary from rights owners for any intended use and for obtaining all required permissions. Acknowledgement of the UNLV University Libraries is requested. For more information, please see the UNLV Special Collections policies on reproduction and use (https://www.library.unlv.edu/speccol/research_and_services/reproductions) or contact us at special.collections@unlv.edu.

    Digital Provenance

    Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

    Publisher

    University of Nevada, Las Vegas. Libraries

    Section yi62 of the Compiled Laws authorizes the Court in a condemnation case on motion of the p la in t iff at any time after commencement o f the suit to permit the plain­t i f f to occupy the premises sought to he condemned pending the action* On th is preliminary request the Court is re­quired to take proof of the value of the premises sought to be condemned, the reasons fo r requiring a speedy occupation, and is required to grant or refuse the motion according to the equity o f the case and the rela tive damages which may accrue to the p arties. I f the Court permits the p la in t iff to take possession, i t must require the p la in t iff to execute and f i l e in Court a surety bond in not less than double the value of the premises sought to be condemned as determined by the Court. I believe that LVL&WCo. should be able to success­fu lly re s is t an application o f the D istrict to take possession o f it s property pending the t r ia l of the action . I do not now see any pressing need fo r the D istrict to have possession pend­ing the t r ia l and I think that we could show many elements of damage, both to ourselves and to the pu blic, i f such possession were sought by the D is tr ic t. Section 9169 of the Compiled Laws provides that at any time a fter the entry o f judgment or pending an appeal from the judgment, whenever the p la in t iff shall have paid into Court fo r the defendant the f u ll amount o f the judgment and such fu r­ther sum as may be required by the Court as a fund to pay any further damages and costs that may be recovered in the proceed­ings, the D istrict Court may authorize the p la in t iff to take possession and use the property u n til fin a l conclusion o f the lit ig a t io n . I have already noted a special provision to the same e ffe c t in the amended Section 20 o f the Act creating the D is trict. You w ill notice that after a t r ia l of the action the p la in t iff can only obtain possession of the property pending an appeal by paying into Court the f u ll amount of the judgment plus such additional sum as the Court may f ix . I think i t is quite probable that the D istrict would seek to obtain possession o f the property a fter the t r ia l Court had fixed the damages even though we may take an appeal. The Court would not have any d iscretion to refuse th£ request i f the p la in t iff complied with the provisions of the statute with reference to payment of funds into Court. You have also asked whether the D istrict could prosecute a condemnation action prior to the authorization and sale of it s bonds. There is nothing in the eminent domain statutes which expressly prohibits filin g of an action p rior to the time a plain­t i f f is fin a n cia lly able to pay the judgment. 1 have not yet en­countered any cases in which th is exact situation has arisen.