Kelo V. City of New London - Subsequent Developments - State Legislation - Nevada

Nevada

On 25 November 2008 a voter-approved amendment to the Nevada constitution, colloquially titled the People’s Initiative To Stop The Taking Of Our Land, or PISTOL, was put into effect following its review by the Nevada State Supreme Court. Among other provisions, the amendment included the following text:

Public use shall not include the direct or indirect transfer of any interest in property taken in an eminent domain proceeding from one private party to another private party. In all eminent domain actions, the government shall have the burden to prove public use.

The amendment also modifies the definition of "fair market value"—used to determine the monetary compensation a property owner receives—to represent the highest value the property would be sold for on the open market, and returns seized property to the original property owner "if the property is not used within five years for the original purpose stated by the government."