35. Joinder
1. Joinder/Burden: "The party urging (joinder) must
lay a foundation showing some probability of joinder and carry the burden of proof.
In laying such a foundation, elements affecting value which are possible, but
not reasonably probable, should be excluded." M
& R Investment Co. v. State Dep't Transp., 103 Nev. 445, 452, 744 P.2d
531 (1987) (#73)
2. Joinder/Factors: "Factors considered (in determining
whether joinder would be reasonably practicable) include time and costs of uniting
the land and willingness of other owners to participate in the assemblage." Id.
at 452 (#73)
3. Joinder/Prospective use: "If the highest and best
use of separate parcels would involve a prospective, integrated, unitary use,
then such prospective use may be considered in fixing the value of the property
condemned providing joinder of the parcels is reasonably practicable." Id.
at 451 (#73)
4. Joinder/Prospective use: "Hence, when valuating the
condemned parcel as part of a large parcel or assemblage, the requisite unity
of use may be merely prospective; whereas, when assessing severance damages to
the remaining part of a large parcel, the requisite unity of use must be actual
and present." Id. at 451 (#73)
5. Joinder/Questions of Fact and Law: "Whether the combination
of two parcels is 'reasonably practicable' is clearly a question of fact for the
jury." Id. at 452 (#73)
6. Joinder/Severance: "(E)ven where severance damages
to a remaining parcel may not be appropriate, the possibility of joinder may still
be a proper consideration in the valuation of the property taken." Id.
at 451 (#73)