U.S. v. 400 ACRES OF LAND, MORE OR LESS, SITUATE IN LINCOLN COUNTY, 2:15-cv-01743-MMD-NJK. (2016)
Court: District Court, D. Nevada
Number: infdco20161006g54
Visitors: 3
Filed: Oct. 04, 2016
Latest Update: Oct. 04, 2016
Summary: ORDER DETERMINING LEGAL VALIDITY OF TAKING AND STRIKING IMPROPER DEFENSES MIRANDA M. DU , District Judge . This is a federal eminent domain proceeding to condemn property for the purpose of operating the Nevada Test and Training Range, a military test and training facility at Nellis Air Force Base. Plaintiff United States of America initiated this case by filing a Complaint in Condemnation [ECF No. 1], to which several Defendant-Landowners jointly filed an Answer [ECF No. 53] setting forth
Summary: ORDER DETERMINING LEGAL VALIDITY OF TAKING AND STRIKING IMPROPER DEFENSES MIRANDA M. DU , District Judge . This is a federal eminent domain proceeding to condemn property for the purpose of operating the Nevada Test and Training Range, a military test and training facility at Nellis Air Force Base. Plaintiff United States of America initiated this case by filing a Complaint in Condemnation [ECF No. 1], to which several Defendant-Landowners jointly filed an Answer [ECF No. 53] setting forth t..
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ORDER DETERMINING LEGAL VALIDITY OF TAKING AND STRIKING IMPROPER DEFENSES
MIRANDA M. DU, District Judge.
This is a federal eminent domain proceeding to condemn property for the purpose of operating the Nevada Test and Training Range, a military test and training facility at Nellis Air Force Base. Plaintiff United States of America initiated this case by filing a Complaint in Condemnation [ECF No. 1], to which several Defendant-Landowners jointly filed an Answer [ECF No. 53] setting forth their objections, defenses, challenges and responses. Pending before the Court are the United States' Combined Motion for Summary Judgment on the United States' Authority to Condemn and Motion to Strike Improper Defenses and Immaterial Matters [ECF No. 54], the Defendant-Landowners' Opposition [ECF No. 59], and the United States' Reply [ECF No. 66]. Having considered the pleadings and hearing the arguments of counsel, and for good cause shown, it is hereby ORDERED:
• The United States' Motion for Summary Judgment on the United States' Authority to Condemn is GRANTED. This taking is for a congressionally authorized public use identified in the United States' Complaint [ECF No. 1-3], and is legally valid; and this Court has jurisdiction over all relevant matters in this proceeding under 28 U.S.C. § 1358.
• The United States' Motion to Strike is GRANTED with respect to the affirmative defenses raised by the Defendant-Landowners in their Answer [ECF No. 53]. The defenses of laches, waiver and failure of consideration do not apply in federal condemnation proceedings.
• The United States' Motion to Strike is DENIED with respect to remaining matters. The remaining objections, demands and responses in the Defendant-Landowners' Answer [ECF No. 53] do not affect the legal validity of the taking and need not be addressed by the Court at this time.
Source: Leagle
