10. Benefits
1. The trial court may limit the evidence of benefits to
"'improvements that are to be constructed under the project for which the land
is taken, and not something that may occur in the future.'" (The Court suggests
that the State could stipulate to a judgment that would include, for example,
a provision awarding future access.) St. Ex Rel.
Dept. Highways v. Olsen, 76 Nev. 176, 180-181, 351 P.2d 186 (1960) (#31)
2. "The right to setoff is usually allowed if it is found
that special benefits result to the property owner after the construction, but
the same does not follow if the benefits are merely general to the entire area."
Dep't of Hwys. v. Haapanen, 84 Nev. 722,
724, 448 P.2d 703 (1968) (#45)
3. Special benefits may include site prominence and increased
traffic. Id. at 724 (#45)
4. "'It cannot be assumed in light of modern day highway
transportation that the mere improvement of a street will bring benefit to abutting
property owners and subject them to assessment.'" City
of Reno v. Folsom, 86 Nev. 39, 43, 464 P.2d 454 (1970) (#47)
5. NRS 37.110 "does not permit the State to offset damages
via special benefits which may accrue to the property as a result of
a separate planned project by a third party." ("a speculative source
of benefits from a third party") State, Dep't
of Transp. v. Las Vegas Bldg., 104 Nev. 479, 484, 761 P.2d 843 (1988) (#75)
6. Valuation/Benefits: When land is condemned for
a railroad after its original construction, the owner is entitled to the actual
market value of the property at the time of the taking, without deduction for
any appreciation in value caused by the previous location and construction of
the road. Virginia and Truckee Railroad Company v. Lovejoy,
8 Nev. 100 (1872) (#5)