22. Easements
1. Estates In Land/Easements: "A railroad ordinarily
does not hold in fee the land over which its right of way is constructed and
maintained but merely an easement for such right of way whether such land is
acquired by eminent domain or otherwise; that it might hold more than an easement
is never presumed." City Motel, Inc. v.
State, 75 Nev. 137, 140-141, 336 P.2d 375 (1959) (#27)
2. Estates In Land/Easements: "The extinguishment
of a positive easement by public acquisition gives rise to compensation." "In
Nevada, such an easement is expressly subject to condemnation for public use."
Probasco v. City of Reno, 85 Nev. 563,
564, 459 P.2d 770 (1969) (#46)
3. Estates In Land/Easements: There is no compensation
for extinguishment of implied negative easements of light, air and view. "We
now expressly repudiate the doctrine of implied negative easements in the context
of eminent domain." Id. at 565. Distinguish acquisition of a right to
light, air and view by express covenant. Id. at 566 (#46)
4. Water rights/Easements: Nevada will follow "the long-standing rule that '[w]here the fee simple absolute title to land has been acquired, the condemnor acquires all appurtenances thereto, buildings thereon, minerals lying beneath the surface, waters thereon, and easements as to which such land constitutes the dominant estate.'" Dermody v. City of Reno, 113 Nev. 207, 212, 931 P.2d 1354 (1997)