April 28, 2005
SB 326 is in direct conflict with NRS 376A.030 1(b) which gives counties
the power to acquire open space property by purchase, gift or any other
Open space preserves natural values and improves our quality of life.
Communities with open space are good places to live and work. They attract
tourists and new residents while less desirable areas stagnate.
The Fifth Amendment permits the taking of private land for public use with just compensation. Eminent domain is an essential tool of urban planning and development with a long judicial tradition.
A chronology of Nevada Supreme Court decisions lists ninety cases upholding
the concept and defining its proper usage. Without eminent domain a single
landowner would have the power to block any public road, utility or facility
SB 326 is a poorly conceived attack on the power of local populations
to define the types of communities they want. All local votes, public
hearings, plans and processes seeking to create open space are futile
if any landowner can frustrate them by refusing to sell for fair market
SB 326 is blatant special interest legislation that would retroactively
invalidate Washoe Countys attempt to acquire Ballardini Ranch after
the public passed a bond issue for its acquisition. This matter is scheduled
for court. Let the judicial process take its course.
Please vote no on SB 326.