For purposes of this chapter, the following terms are defined in this section:
AGENCY: Executive branch, department, agency, independent agency, or instrumentality of the governments of the United States, state of Nevada, county of White Pine, Nevada, or of any other units of government having jurisdiction within the boundaries of White Pine County, Nevada.
AGENCY ACTION: Any action, inaction or decision taken by an agency that at the time of such action, inaction, or decision affects property rights in White Pine County, Nevada.
JUST COMPENSATION: A. Compensation equal to the full extent of a property owner's loss, including the fair market value of the taken property situated in White Pine County, Nevada, whether the taking is or has been by physical occupation or through regulation, exaction, condition or other means; and
B. Shall include compounded interest, calculated from the date of the taking until the date payment is tendered.
OWNER: The owner or possessor of property or rights in White Pine County, Nevada, at the time the taking occurs, including when:
A. The statute, ordinance, regulation, rule, order, guideline, policy or action is passed or promulgated; or
B. The permit, license, authorization or governmental permission is denied or suspended.
PRIVATE PROPERTY OR PROPERTY: All interests constituting property in White Pine County, Nevada, protected under the fifth and fourteenth amendments to the United States constitution, and includes, but is not limited to, the following:
A. Real property, whether vested or unvested, including:
1. Estates in fee, life estates, estates for years, or otherwise,
2. Inchoate interests in real property such as remainders and future interests,
3. Personalty that is affixed to or appurtenant to real property,
4. Easements,
5. Leaseholds,
6. Recorded liens,
7. Contracts or other security interests in, or related to, real property, and
8. Any other rights enumerated in Nevada state law or decreed by Nevada courts as constituting real property;
B. The vested, certificated or permitted right to make beneficial use of or to receive water, including any recorded liens on such water right; or
C. Access to or rents, issues, products, profits, or customary or cultural uses of land or of split estates in land, including metals, minerals, dust, dirt, timber, wood, wood products, fodder, forage, crops, natural waste, oil, gas, coal, geothermal energy, sustenance, and recreation.
D. "Property" does not mean any imagined, inferred, or implied interest in property which has been or may in the future be repudiated as such by Nevada state law or by Nevada courts.
TAKING OF PRIVATE PROPERTY, TAKING, TAKEN, OR TAKE: Any agency action whereby restricting the ownership, alienability, possession, use or lawful enjoyment of private property is an object of that action and is taken so as to require compensation under the fifth amendment to the United States constitution, including by physical invasion, regulation, exaction, condition or other means. (Ord. 339 §3, 1999)