Mass Land Acquisition, LLC v. First Judicial District Court

557 P.3d 493 (2024)

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Mass Land Acquisition, LLC v. First Judicial District Court

Nevada Supreme Court
557 P.3d 493 (2024)

Facts

Sierra Pacific Power Company, operating under the name NV Energy (plaintiff), was a privately owned utility company that provided public-utility services in Nevada. A Nevada statute authorized NV Energy to exercise eminent-domain powers. NV Energy filed an eminent-domain action in Nevada state court against Mass Land Acquisition, LLC (Mass Land) (defendant). NV Energy sought to take an easement across Mass Land’s property for a natural-gas pipeline and requested judicial permission to take immediate occupancy of this easement. Mass Land moved to dismiss the action, arguing that the Nevada Constitution prohibited using eminent domain to transfer property from one private owner to a different private owner and that this taking was doing just that. The trial court denied the motion and granted NV Energy immediate occupancy of the easement. Mass Land petitioned the Nevada Supreme Court for extraordinary relief through a writ of mandamus.

Rule of Law

Issue

Holding and Reasoning (Pickering, J.)

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