Property Law and Real Estate Commons^™

You Drank My Milkshake! Accusations Of Water Rights Takings In Estate Of Hage V. United States, Holly E. Cheong

Nevada Law Journal

This Note examines both the physical and regulatory takings of water rights found in Estate of Hage and provides an analysis of how takings law should apply to water rights. Part II of this Note provides a brief background of takings law under the Fifth Amendment of the Constitution with a focus on case law involving water rights. Parts III and IV review the history of the Estate of Hage case and focus on the recent Estate of Hage decision, including Judge Smith's logic for finding that there was a taking of water rights. In Part V, this Note analyzes …

Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, Casey Perkins

Nevada Law Journal

Part I of this Note provides an introduction to HOAs, the foreclosure crisis, and the resulting recession that currently threaten many associations' financial stability. Part I begins with a discussion of the rise of common interest communities in the United States, as well as basic association functions. Following this historical introduction is a discussion of the foreclosure crisis and an overview of the severity of this crisis in Nevada.

Part II introduces the problems faced by HOAs across the country because of the foreclosure crisis. These problems fall into two general categories, budget shortfalls and physical deterioration of abandoned properties. …

Summary Of Citizens For Cold Springs V. City Of Reno, 125 Nev. Adv. Op. No. 16, Kristopher Milicevic

Nevada Supreme Court Summaries

Appeal from a district court’s decision to grant the City of Reno’s motion to dismiss for a failure to state a claim. The question on appeal is whether the Citizens for Cold Springs had standing under NRS 268.668 to challenge a land annexation when they did not own the property being annexed.

Summary Of V & S Railway, Llc V. White Pine County And City Of Ely, 125 Nev. Adv. Op. No. 23, James Conway

Nevada Supreme Court Summaries

Appeal from a district court order granting summary judgment in an eminent domain action that held that appellant’s condemnation action was barred, under NRS 334.030, once governmental agency designated a railroad as surplus government property.('v

Summary Of St. James Village, Inc. V. Cunningham, 125 Nev. Adv. Op. No. 21, Ian Houston

Nevada Supreme Court Summaries

Appeal from a district court’s order denying declaratory relief to a servient estate owner seeking authorization to unilaterally relocate an easement across its property.

The Fair Housing Act At Forty: Predatory Lending And The City As Plaintiff, Ngai Pindell

Scholarly Works

The availability of credit, to individual borrowers and to communities, is an integral factor shaping the geography of housing opportunity. Cities are shaped by the housing and borrowing choices of their residents and the attendant mobility -- or lack of mobility -- of families. When lenders deny credit to neighborhoods or borrowers because of race, communities suffer. And when lenders flood these same neighborhoods with subprime or predatory loan products, the communities suffer once again. The economic gains of individuals and of communities in cities over the last several decades are threatened by massive property devaluations, loss of equity, and …

Home Sweet Home? The Efficacy Of Rental Restrictions To Promote Neighborhood Stability, Ngai Pindell

Scholarly Works

Homeownership is an enduring and fundamental American tradition whose economic and social benefits are well examined and have received renewed attention in recent articles and books. Tax laws encourage homeownership; debtor-creditor and property laws protect homeowners; and constitutional protections defend homeowners from governmental attempts to exercise eminent domain.

The current economic and housing crises have forced commentators and policymakers to reexamine the connection between traditional conceptions of homeownership and economic stability, particularly for low-income residents. This article questions that traditional conception by exploring how local governments, in an effort to promote regulatory land use goals, frequently limit homeowners' power to …

Summary Of Village League V. State, Bd. Of Equalization, 124 Nev. Adv. Op. No. 90, Kristopher Zeppenfeld

Nevada Supreme Court Summaries

This is an original petition for a writ of certiorari or mandamus challenging the Nevada State Board of Equalization’s review and remand of the Washoe County Board of Equalization’s determination to equalize certain taxable valuations.

Summary Of Mesagate Homeowners’ Association V. City Of Fernley, 124 Nev. Adv. Op. No. 91, Kelly Stout

Nevada Supreme Court Summaries

Appeal from a district court order denying a petition for a writ of mandamus challenging the respondent’s issuance of a building permit for a water treatment plant.

Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme

Nevada Supreme Court Summaries

Appeal from a district court order dismissing Plaintiff’s complaint of negligence and entering orders of partial summary judgment for other tort and constitutional claims.

Summary Of D.R. Horton, Inc. V. Dist. Ct., 125 Nev. Adv. Op. No. 35, Paul C. Williams

Nevada Supreme Court Summaries

Developer's (D.R. Horton) petition for a writ of mandamus or writ of prohibition against the Eighth Judicial District Court's denial of the Developer's partial motion for summary judgment.

Summary Of Hamm V. Arrowcreek Homeowner’S Ass’N, 124 Nev. Adv. Op. No. 28, Airene Haze

Nevada Supreme Court Summaries

Appeal from a district court order dismissing homeowner’s action that sought to release a homeowner’s association lien. Under NRS 383.10, the district court must dismiss any dispute arising from the interpretation, application, or enforcement of homeowner’s associations’ covenants, conditions, and restrictions (CC&R) if the parties did not first submit to mediation or arbitration. This statute, however, does not apply to actions for injunctive relief involving “immediate threat of irreparable harm, or action[s] relating to the title to residential property.”

Summary Of Buzz Stew, Llc V. City Of North Las Vegas, 124 Nev. Adv. Op. 21, Barbra E. Zess

Nevada Supreme Court Summaries

A municipality’s announcement of intent to condemn a parcel of land may give rise to a cause of action by the landowner for damages based on an allegation that, under the circumstances, the municipality acted improperly in making the announcement before instituting an eminent domain action.

Summary Of Pankopf V. Peterson, 124 Nev. Adv. Op. 4, Danielle Tarmu

Nevada Supreme Court Summaries

Appeal from a district court order dismissing, without prejudice, appellant’s amended complaint for failure to state a claim under NRCP 12(b)(5) to determine whether claims fall within the purview of NRS Chapter 40.

Kelo, Parents And The Spatialization Of Color (Blindness) In The Berman-Brown Metropolitan Heterotopia, Tom I. Romero Ii

Scholarly Works

No abstract provided.

The Right To The City, Ngai Pindell

Scholarly Works

The identity and character of cities in America have been profoundly influenced by race. In the past, laws mandating the segregation of African American and white urban residents through racially discriminatory housing and lending policies created racial geographic boundaries within cities and between cities and suburbs. The impact of this racial segregation in cities can be seen in the creation and persistence of an urban African American underclass in some cities as well as many urban neighborhoods marked by racial homogeneity and economic underinvestment.

The racial climate in the United States in more recent years has been decidedly different. Overt …

Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess

Nevada Supreme Court Summaries

Homeowners’ Association’s (Association) petition for a writ of mandamus or prohibition against partial summary judgment, granted by Eighth Judicial District Court, in a declaratory relief action brought by the project developer and contractor (Westpark).j

Making Sense Out Of Nonsense: A Response To Adverse Possession By Governmental Entities, Andrew Dick

Nevada Law Journal

No abstract provided.

Developing Las Vegas: Creating Inclusionary Affordable Housing Requirements In Development Agreements, Ngai Pindell

Scholarly Works

The lack of affordable shelter for all of America's families often appears to be an immutable part of America's housing landscape. If the inclusionary housing regime in Las Vegas allowed local governments and developers any discretion in the decision to include affordable housing in a particular development agreement, the regime would have to establish an equivalent mechanism such as individual developer suits to check abuses of this discretion. A potential safeguard of effective affordable housing planning under development agreements could be the expertise of planners and other local government officials. Inclusionary housing requirements within development agreements ensure affordable housing issues …

Summary Of Linthicum V. Rudi, 122 Nev. Adv. Op. No. 120, Robert Stephens

Nevada Supreme Court Summaries

Appeal from an order of the Second Judicial District Court, Washoe County, dismissing plaintiffs’ action regarding an amendment to a revocable inter vivos trust. Moreover, plaintiffs appeal the Second Judicial District Court’s denial of their motion to be appointed as guardians ad litem and the award of attorney fees to the defendant.

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.

Summary Of State, Bd. Of Equalization V. Bakst, 122 Nev. Adv. Op. No. 116, Jenny Routheaux

Nevada Supreme Court Summaries

Appeal of a district court order granting a petition for judicial review and reversing a decision of the Nevada State Board of Equalization that affirmed property tax assessments in Washoe County.

Summary Of Kay V. Nunez, 122 Nev. Adv. Op. No. 94, Michael Hammer

Nevada Supreme Court Summaries

Appeal from a district court order which denied a petition for judicial review and a petition for a writ of mandamus, and challenged the Clark County Board of County Commissioners’ authority to waive development standards.

The History Of School Trust Lands In Nevada: The No Child Left Behind Act Of 1864, Christopher J. Walker

Nevada Law Journal

No abstract provided.

Summary Of In Re Resort At Summerlin Litigation, 122 Nev. Adv. Op. 15, 127 P.3d 1076, Bryan Lindsey

Nevada Supreme Court Summaries

Appeal and cross-appeal from a district court order granting a holder of a deed of trust priority over holders of mechanic’s liens but denying deed of trust holder’s request for costs.

Summary Of Int’L Fidelity Ins. Co. V. State Of Nevada, 122 Nev. Adv. Op. 5, 126 P.3d 1133, Leanne Hoskins

Nevada Supreme Court Summaries

The proceeding before the Court was a jurisdictional screening of eight consolidated appeals from district court orders denying motions to remit surety bonds. The Court held that it lacked jurisdiction to hear an appeal from any order entered in an ancillary bond proceeding and dismissed the appeals.

Finding A Right To The City: Exploring Property And Community In Brazil And In The United States, Ngai Pindell

Scholarly Works

Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement - the right to the city - suggests one approach to resolving these questions. This Article primarily explores two principles of the right to the city - the social function of property and the social function of the city - to consider how to better achieve social and economic justice for poor people in urban areas. Using Brazil as one example of a country incorporating these …

Fear And Loathing: Combating Speculation In Local Communities, Ngai Pindell

Scholarly Works

Local governments commonly respond to economic and social pressures on property by using their legal power to regulate land uses. These local entities enact regulations that limit property development and use to maintain attractive communities and orderly growth. This Article argues that government entities should employ their expansive land use powers to limit investor speculation in local markets by restricting the resale of residential housing for three years. Investor speculation, and the upward pressure it places on housing prices, threatens the availability of affordable housing as well as the development of stable neighborhoods. Government regulation of investor speculation mirrors existing, …