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Carson City v. Estate of Lompa

Supreme Court of Nevada
Oct 6, 1972
501 P.2d 662 (Nev. 1972)

Summary

ruling that because it is "a right which is regarded and protected as real property," a water right may be condemned

Summary of this case from United States v. Walker River Irrigation Dist.

Opinion

No. 6705

October 6, 1972

Appeal from First Judicial District Court, Carson City; Joseph O. McDaniel, Judge.

Michael E. Fondi, District Attorney, and Ralph M. Crow, Deputy District Attorney, Carson City, for Appellant.

Milton Manoukian, of Carson City, for Respondents.


OPINION


The City sought to condemn a parcel of real property and all water appropriated from the point of diversion located thereon as evidenced by Certificate No. 5404 issued by the State Engineer. The parties stipulated to the value of the parcel of real property and submitted to the jury only the task of deciding the value of the water right. The jury fixed that value at $33,000, which amount is not challenged. The appellant does appear to contend, however, that a water right is not subject to condemnation.

When a right to use water has become fixed either by actual diversion and application to beneficial use or by appropriation as authorized by the state water law, it is a right which is regarded and protected as real property. In re Application of Filippini, 66 Nev. 17, 22, 202 P.2d 535 (1949); Nenzel v. Rochester Silver Corporation, 50 Nev. 352, 357, 259 P. 632 (1927); Adams-McGill Co. v. Hendrix, 22 F. Supp. 789, 791 (D. Nev. 1938); Dalton v. Bowker, 8 Nev. 190, 201 (1873). Indeed, NRS 37.010(3) specifically allows for a city to exercise its right of eminent domain to acquire water rights.

Other claimed errors have been examined and also are without merit.

Affirmed.


Summaries of

Carson City v. Estate of Lompa

Supreme Court of Nevada
Oct 6, 1972
501 P.2d 662 (Nev. 1972)

ruling that because it is "a right which is regarded and protected as real property," a water right may be condemned

Summary of this case from United States v. Walker River Irrigation Dist.

In Carson City v. Estate of Lompa, 88 Nev. 541, 501 P.2d 662 (1972), this court held that water rights can be subject to eminent domain as a separate interest in real property.

Summary of this case from Dermody v. City of Reno
Case details for

Carson City v. Estate of Lompa

Case Details

Full title:CARSON CITY, A POLITICAL SUBDIVISION OF THE STATE OF NEVADA, APPELLANT, v…

Court:Supreme Court of Nevada

Date published: Oct 6, 1972

Citations

501 P.2d 662 (Nev. 1972)
501 P.2d 662

Citing Cases

United States v. Walker River Irrigation Dist.

Indeed, the Nevada Supreme Court has ruled that water rights appurtenant to land may be condemned as "lesser…

Town of Eureka v. State Engineer

A water right "is regarded and protected as real property." Carson City v. Estate of Lompa, 88 Nev. 541, 542,…