Boulder City Magazine is a monthly publication full of information about Boulder City and Southern Nevada. Boulder City Magazine features the Boulder City Home Guide, a real estate guide to Boulder City and Southern Nevada.




Lawyer's Edge
by Bruce L. Woodbury, Esq.
Jolley, Urga, Wirth,Woodbury & Standish

Question 2 - Let the Voter Beware - Continued
The Nevada Supreme Court recently ruled that Question 2, an initiative petition to amend the Nevada Constitution regarding the power of eminent domain, violated the requirement that ballot questions involve only a single subject.

The legal challenge which was initiated by numerous public agencies, including Boulder City and Clark County, along with several private sector organizations, resulted in a court decision to delete several sections of the proposal, including one radical provision which would have endangered all planning and zoning laws, as well as Boulder City’s growth control and anti-gambling regulations. So, a major victory for our quality of life was achieved.

Unfortunately, Question 2 still contains language which could cause significant harm to the interests of taxpayers and motorists in Nevada. Major increases in right-of-way costs for public highway, road and flood control projects will result. In addition, the Federal Highway Administration has issued a warning that one section violates federal regulations and will jeopardize Nevada’s federal highway funding ($210 million per year). Not only will we see increased traffic gridlock during commute hours in the Las Vegas Valley, but any chance of obtaining NDOT funding for the Boulder City Bypass will be dead.

One section of Question 2 bans the use of eminent domain for private redevelopment. However, the Clark County Commission and all of the local cities are all prohibiting the use of eminent domain to acquire private property from one owner and sell it to another private party. State Senator Warren Hardy and Assemblyman Joe Hardy are proposing a statewide ban on that very questionable practice. Such abuses of the power of eminent domain are being remedied without including other provisions in Question 2 which benefit only trial lawyers and very few clients at the expense of taxpayers and motorists.

Bruce L. Woodbury is an attorney with the law firm of Jolley Urga Wirth Woodbury & Standish. The firm has offices in Boulder City and Las Vegas. To contact Bruce, visit his website at www.juwws.com.



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