Eminent domain measure now law

CARSON CITY -- A compromise plan that restricts government agencies' use of eminent domain to acquire property was signed into law Wednesday by Nevada Gov. Jim Gibbons.

Supporters of the compromise said AB102 provides strong protections against government abuses of eminent domain powers while still providing the option for large public works, such as transportation projects.

AB102 has the same provisions as a proposed constitutional but will take effect immediately. AJR3, the amendment, will have to be approved again by the 2009 Legislature before advancing to a statewide vote in 2010.

Supporters said the proposals are an improvement over last year's Question 2, called the People's Initiative to Stop the Taking of our Land. AJR3, which would establish its own protections in eminent domain cases, would supersede PISTOL if approved by voters.

PISTOL was one of several initiatives affecting property rights around the country bankrolled by Howie Rich, a New York real estate investor with ties to libertarian groups.

The initiative goes further than the two legislative proposals and requires the highest possible payments for blighted land that can be taken through eminent domain.

Lawmakers who pushed the compromise said it includes more evenhanded terms, agreed to by both government lawyers and PISTOL supporters, for valuing property.

The compromise also allows state officials 15 years to complete projects on land taken under eminent domain, instead of the five years allowed under PISTOL.

Gibbons also signed the following:

• AB279, requiring the value of unused gift cards to revert to the state to help fund education programs. Under the plan, unused gift card value will become abandoned property available to the state either on its expiration date or if not used after three years.

• SB269, which gives rights to military bases to appeal land-use decisions made by local governments that affect the bases.