Las Vegas attorney Bill Curran said a proverb he encountered on a recent trip to China sums up his take on the latest happenings in Nevada land-use law.
"May you live in interesting times," Curran said.
In China, the saying meant both a curse and a blessing and the same could equally apply here, he said.
"In the world of land use and development, we are living in interesting times," Curran said.
The outcome remains unknown on some 2006 Nevada Supreme Court decisions and the impact of the PISTOL eminent domain initiative adopted in the first of two rounds by the state's voters in November, said Curran. His law firm, Ballard, Spahr, Andrews and Ingersoll, recently held a one-day seminar for developers, attorneys, architects, engineers and local zoning officials on the ever-changing dynamics of zoning and land development issues.
Earlier this year, the state Supreme Court sided with Steve Sisolak, a landowner who said he should be compensated by Clark County and McCarran International Airport because of height restrictions on his property near the airport.
In a North Las Vegas case, the Supreme Court said the local government has to compensate the property owner for its fullest and highest value even though some of the property was required to be dedicated to the city anyway.
The court backed a Douglas County ballot initiative that limited growth by 2 percent a year, and last week it ruled that courts are required to hear land-use cases and decide them on the merits rather than opt not to take them.
The state Supreme Court also let the eminent domain initiative remain on the November ballot. Its purpose was to prevent government from using eminent domain proceedings for property that would be developed by the private sector.
"In my view the court is very sensitive to populist kinds of things and is very reluctant to do anything perceived as undermining the expressed will of the people even though it may result in unintended consequences," Curran said. "PISTOL is an example of that. Now that the people have spoken, we have to figure out what they said."
Because of PISTOL, Curran said there likely will be lawsuits at some point when a city, for example, turns down a property owner's request for a zoning change. The landowner will argue the denial is a "taking" of the land.
"If you want to build apartments, but the city only allows single-family homes, you can argue that is hurting the value of the property and demand compensation for inverse condemnation," Curran said.
There are so many cases on land use because the dynamics in Southern Nevada are being altered with growth, demographic, market and political changes, Curran said.
"There is a fundamental political change in the way people are accessing the system through the initiative process," he said.
Curran's colleague Stan Parry said there are other issues to watch with growing tension between government and developers because municipalities are exacting as much dedication of property as possible from them to build roads and other public amenities. Government is looking to developers to pay for more through development agreements and impact fees.
Government wants developers to pay for roads and flood control and traffic lights that may cost more than the impact their projects will cause. At the same time, developers need to understand their projects impact communities and create financial burdens, said Parry, who called for the need of a delicate balance.
"The developers are taking the risk, and the cities need to be sensitive to their needs," Parry said. "But the developers need to understand the city can't afford to provide services for everything. It creates traffic and the need for police and fire services."
Clark County, North Las Vegas and Las Vegas are eyeing changes to what they charge developers for impacts their projects cause.
Irene Vogel, executive vice president of the Greater Las Vegas Association of Realtors, has been awarded the Terry McDermott Community Leadership Award from the National Association of Realtors. Named in honor of the outgoing NAR vice president, the award recognizes Realtor association executives and staff nationwide who have made contributions to their communities. Vogel, the fourth recipient of the award, has volunteered with the Friends of Channel 10, the Community College of Southern Nevada Foundation, Las Vegas Chamber of Commerce, Ronald McDonald House, Frontier Girl Scouts Council and Variety Early Learning Center.
The Tech Retail Center, a $7 million retail center on the northeast corner of Buffalo Drive and Smoke Ranch Road, has been completed. It consists of one building with 14,000 square feet anchored by Becker's Steakhouse.
Majestic Realty reported the final phase of its 80-acre Sunset Parkway Business Center is fully leased. Wynn Las Vegas signed a 10-year lease for 133,000 square feet to support development of its Encore project. MGM Mirage signed a 10-year lease for 110,000 square feet to support the development of CityCenter.
EJM Development said it has completed construction on buildings 16 and 17 in the Arrowhead Commerce Center in Green Valley on South Sandhill Road and that they are 100 percent leased. Tenants include Walgreens.
Juliet Co. announced that the second phase of the Blue Diamond Business Center, which measures about 1.5 million square feet, is complete. The 110-acre center, west of I-15, north of Blue Diamond Road, provides office, warehouse and distribution space. The second phase has 350,000 square feet of industrial space with such tenants as Sara Lee and the Las Vegas Review-Journal. Phase three, which will have five buildings totaling 450,000 square feet, will start construction in early 2007.
Core Construction has completed construction of the Comprehensive Cancer Centers of Nevada's newest location at the Las Vegas Technology Center. The 16,700 square-foot office space at 7445 Peak Drive will be used as a cancer treatment center.
Shoes For Crews, a manufacturer of slip-resistant footwear for men and women, has opened a retail store in Las Vegas, 6675 S. Tenaya Way. The company said it targeted Las Vegas because of its heavy concentration of hospitality businesses, including casinos, hotels, restaurants and night-life establishments. The company also opened a regional office connected to the store.
Brian Wargo covers real estate and development for In Business Las Vegas and its sister publication, the Las Vegas Sun. He can be reached at (702) 443-3604 or by e-mail at wargo@lasvegassun.com.