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MASS LAND ACQUISITION v. FIRST JUDICIAL

No. 85693.

557 P.3d 493 (2024)

140 Nev. Adv. Opn. 67

MASS LAND ACQUISITION, LLC, a Nevada Limited Liability Company, Petitioner, v. The FIRST JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF STOREY; and The Honorable James E. Wilson, District Judge, Respondents, and Sierra Pacific Power Company, a Nevada Corporation, d/b/a NV Energy, Real Party in Interest.

Supreme Court of Nevada.

Filed October 17, 2024.

Attorney(s) appearing for the Case

Law Offices of Kermitt L. Waters and James J. Leavitt, Kermitt L. Waters, Michael A. Schneider, and Autumn L. Waters, Las Vegas, for Petitioner.

Leach Kern Gruchow Anderson Song and Kirby C. Gruchow, Jr., and Jeremy B. Duke, Las Vegas, for Real Party in Interest Sierra Pacific Power Company.

Garrett Weir and Cameron Dyer, Carson City, for Amicus Curiae Public Utilities Commission of Nevada.

Davison Van Cleve, PC, and Robert D. Sweetin, Las Vegas, for Amicus Curiae Valley Electrical Association, Inc.

Eglet Adams Eglet Ham Henriod and Joel D. Henriod, Las Vegas, for Amicus Curiae Southwest Gas Corporation.

Gregory J. Walch and Steven C. Anderson, Las Vegas, for Amici Curiae Las Vegas Valley Water District and Southern Nevada Water Authority.

McDonald Carano LLP and Adam Hosmer-Henner, Reno; Vinson & Elkins LLP and Jeremy C. Marwell, Washington, D.C., for Amici Curiae Edison Electric Institute and American Gas Association.

Paul C. Ray, Chtd., and Paul C. Ray, Las Vegas, for Amicus Curiae Rainbow Bend Homeowners Association.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

Eminent domain is the power of the government to take private property for public use without the landowner's consent, provided just compensation is paid. In Kelo v. City of New London, Connecticut, 545 U.S. 469,

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