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COUNTY OF CLARK v. SUN STATE PROPERTIES

No. 35856.

72 P.3d 954 (2003)

COUNTY OF CLARK, A Political Subdivision of the State of Nevada, Appellant, v. SUN STATE PROPERTIES, LTD., A Nevada Limited Partnership; and Ruth Pyles, Trustee of the Clarence and Ruth Pyles Trust, Respondents.

Supreme Court of Nevada.

Rehearing Denied August 29, 2003.

Attorney(s) appearing for the Case

David J. Roger, District Attorney, and Michael L. Foley, Deputy District Attorney, Clark County, for Appellant.

Carl E. Lovell Jr., Las Vegas, for Respondent Pyles.

Mushkin & Hafer and Mark C. Hafer and Michael R. Mushkin, Las Vegas, for Respondent Sun State Properties.

Brian Sandoval, Attorney General, and Margaret E. Kerr, Deputy Attorney General, Carson City, for Amicus Curiae State of Nevada.

Before the Court En Banc.

OPINION

ROSE, J.

In this appeal, we consider the proper procedure for determining just compensation in an eminent domain action when there are various interests involved in the condemned property. We hold that the eminent domain statutes codified the undivided-fee rule, which requires the court to first determine the value of the property as a whole, and in a subsequent hearing, to apportion the award among the various interests. Accordingly, we conclude...

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