40. Larger Parcel
1. Severance/Larger parcel: "The concept of large parcel
is instrumental in determining both the value of the property condemned and whether
severance damages are to be awarded in an eminent domain action." M
& R Investment Co. v. State Dep't Transp., 103 Nev. 449, 455, 744 P.2d
531 (1987) (#73)
2. Severance/Larger parcel: "In order to show that a
parcel condemned is part of a larger parcel, it is generally held that there must
be unity of title, contiguity, and unity of use of the property." Id. at
449. Physical contiguity is not necessary "so long as the evidence discloses an
actual and existing unity of use and purpose and an existing, lawful and utilized
access between the parcels." Id. at 450 (#73)
3. Severance/Larger parcel/Questions of Fact and Law:
"Under the prevailing rule, identification of the larger tract is an issue of
fact to be decided by the trier of fact." Id. at 450. Although "there may
be instances wherein the facts are so compellingly clear that the issue becomes
one of law for determination by the trial court." Id. at 450 (#73)