MOLDON v. COUNTY OF CLARK

No. 47549.

188 P.3d 76 (2008)

Paul MOLDON and Laurel Moldon, Appellants, v. COUNTY OF CLARK, Respondent.

Supreme Court of Nevada.

July 24, 2008.


Attorney(s) appearing for the Case

Chuck R. Gardner, Las Vegas; Callahan, Little & Sullivan and Timothy J. Sullivan, San Diego, California, for Appellants.

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

BEFORE THE COURT EN BANC.


OPINION

By the Court, DOUGLAS, J.:

In this appeal, we consider whether the placement of interest earned on condemnation funds, which were deposited with the court in an eminent domain action, into a local government's general fund for public benefit, pursuant to statute, constituted a taking under the Fifth and Fourteenth Amendments to the United States Constitution.

We conclude that, because condemnation deposits constitute private property...

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