2005 Nevada Revised Statutes - Chapter 37 — Eminent Domain

CHAPTER 37 - EMINENT DOMAIN

GENERAL PROVISIONS

NRS 37.009 Definitions.

APPLICABILITY OF CHAPTER

NRS 37.0095 Personsor agencies who may exercise power of eminent domain; exceptions.

NRS 37.0097 Unit-ownersassociation may not exercise power of eminent domain.

SCOPE OF POWER

NRS 37.010 Publicpurposes for which right of eminent domain may be exercised.

NRS 37.015 Necessaryaccess for owners, occupants of ranges, grazing lands: Exercise of power ofeminent domain.

NRS 37.020 Estatesin property subject to condemnation.

NRS 37.030 Privateproperty subject to condemnation.

NRS 37.035 Monorailsand other overhead or underground systems for public transportation:Acquisition by public agency of rights and easements on public streets bycondemnation.

NRS 37.036 Rightsof owner of monorail; acquirer shall hold owner and operator harmless fromliability.

NRS 37.038 Conditionsprecedent to taking property within historic district.

NRS 37.039 Conditionsprecedent to acquiring certain parcels of property for purpose of open-spaceuse.

NRS 37.040 Conditionsprecedent to entry of judgment of condemnation; findings.

NRS 37.050 Locationof and entry upon land; damages.

PROCEEDINGS

NRS 37.055 Eminentdomain proceedings take precedence over certain other proceedings and must bequickly heard and determined.

NRS 37.060 Verifiedcomplaint filed in district court in county in which property is situated;notice of pending litigation; effect.

NRS 37.070 Contentsof complaint; inclusion of separate parcels in same or separate proceedings.

NRS 37.075 Summons.

NRS 37.080 Allparties in interest may appear.

NRS 37.083 Defaultof defendant: Entry; effect.

NRS 37.085 Hearingafter defendants default: Determination of value and damages by court; judgment.

NRS 37.090 Powerof court.

NRS 37.100 Motionby plaintiff for order permitting occupancy pending entry of judgment; notice,hearing and proof; bond or deposit in court; defendant may be restrained.

NRS 37.110 Ascertainmentand assessment of damages.

NRS 37.111 Additionalcompensation for loss of goodwill.

NRS 37.112 Valuationof property subject to condemnation as result of public work or project.

NRS 37.115 Distributionof award among joint defendants by separate proceeding.

NRS 37.120 Assessmentof compensation and damages: Date of valuation; exceptions.

NRS 37.130 Newproceedings may be instituted when title found defective.

NRS 37.140 Damagesto be paid within 30 days after judgment; bond for railroad fence.

NRS 37.150 Awarddeposited in court; execution; when proceedings may be annulled.

NRS 37.160 Entryof final order of condemnation on deposit of award; recording; when titlevests.

NRS 37.170 Plaintiffmay continue in or be placed in possession pending conclusion of litigation;effect of defendants receipt of money on deposit; judgments.

NRS 37.175 Interestpaid by plaintiff.

NRS 37.180 Abandonmentof condemnation proceedings; defendants damages for plaintiffs occupancy.

NRS 37.190 Costs:Allowance and apportionment.

NRS 37.200 Rulesof practice.

MISCELLANEOUS PROVISIONS

NRS 37.210 Rightsof cities and towns not affected.

NRS 37.220 Crossingsto be made and kept in repair.

NRS 37.230 Condemnationby railroad companies.

NRS 37.240 Tworailroad companies may have right-of-way over same passes; change and expenseof reconstruction of public highway.

NRS 37.250 Rightof eminent domain granted to nonresident or foreign corporations or partnerships;conditions.

NRS 37.260 Disposalof real property and improvements acquired by exercise of power of eminentdomain: Procedure; presumption; conveyance.

NRS 37.270 Rightof first refusal to purchase property acquired by governmental entity:Conditions; purchase price; exceptions. [Effective through June 30, 2007.]

NRS 37.270 Rightof first refusal to purchase property acquired by governmental entity:Conditions; purchase price. [Effective July 1, 2007.]

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GENERAL PROVISIONS

NRS 37.009 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Date of valuation means the date on which thevalue of the property actually taken, and the damages, if any, to the remainingproperty, must be determined.

2. Final judgment means a judgment which cannot bedirectly attacked by appeal, motion for new trial or motion to vacate thejudgment.

3. Judgment means the judgment determining the rightto condemn property and fixing the amount of compensation to be paid by theplaintiff.

4. Partnership includes a limited partnership.

5. Person includes a government, governmental agencyor political subdivision of a government.

6. Value means the most probable price which aproperty would bring in a competitive and open market under the conditions of afair sale, without the price being affected by undue stimulus, whereby the saleis consummated on a specified date and the title to the property is passed fromthe seller to the buyer under the following conditions:

(a) The buyer and seller are acting prudently andknowledgeably;

(b) The buyer and seller are typically motivated;

(c) The buyer and seller are well informed or welladvised and acting in what they consider are their own best interests;

(d) A reasonable time is allowed to expose the propertyfor sale on the open market;

(e) Payment is made with United States dollars in cashor pursuant to another financial arrangement comparable thereto; and

(f) The sale price represents the normal considerationfor the property and is unaffected by special or creative financing or salesconcessions granted by any person associated with the sale.

(Added to NRS by 1959, 596; A 1989, 548; 1993, 525;1995, 501)

APPLICABILITY OF CHAPTER

NRS 37.0095 Personsor agencies who may exercise power of eminent domain; exceptions.

1. Except as otherwise provided in subsection 2, onlya public agency may exercise the power of eminent domain pursuant to theprovisions of this chapter.

2. Except as otherwise provided in NRS 37.0097, the power of eminent domainmay be exercised by a person who is not a public agency pursuant to NRS 37.230 and subsections 6, 8, 10, 13 and16 of NRS 37.010.

3. As used in this section, public agency means anagency or political subdivision of this State or the United States.

(Added to NRS by 1997, 1224; A 1999, 433)

NRS 37.0097 Unit-ownersassociation may not exercise power of eminent domain.

1. A unit-owners association may not exercise thepower of eminent domain pursuant to the provisions of this chapter.

2. As used in this section, unit-owners associationhas the meaning ascribed to it in NRS116.011.

(Added to NRS by 1997, 3125)

SCOPE OF POWER

NRS 37.010 Publicpurposes for which right of eminent domain may be exercised. Subject to the provisions of this chapter, the right ofeminent domain may be exercised in behalf of the following public purposes:

1. Federal activities. All public purposes authorizedby the Government of the United States.

2. State activities. Public buildings and grounds forthe use of the State, the Nevada System of Higher Education and all otherpublic purposes authorized by the Legislature.

3. County, city, town and school district activities.Public buildings and grounds for the use of any county, incorporated city ortown, or school district, reservoirs, water rights, canals, aqueducts, flumes,ditches or pipes for conducting water for the use of the inhabitants of anycounty, incorporated city or town, for draining any county, incorporated cityor town, for raising the banks of streams, removing obstructions therefrom, andwidening, deepening or straightening their channels, for roads, streets andalleys, and all other public purposes for the benefit of any county,incorporated city or town, or the inhabitants thereof.

4. Bridges, toll roads, railroads, street railways andsimilar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, tollroads, byroads, plank and turnpike roads, roads for transportation by tractionengines or locomotives, roads for logging or lumbering purposes, and railroadsand street railways for public transportation.

5. Ditches, canals, aqueducts for smelting, domesticuses, irrigation and reclamation. Reservoirs, dams, water gates, canals,ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines,mills, smelters or other works for the reduction of ores, with water fordomestic and other uses, for irrigating purposes, for draining and reclaiminglands, or for floating logs and lumber on streams not navigable.

6. Mining, smelting and related activities. Mining,smelting and related activities as follows:

(a) Mining and related activities, which are recognizedas the paramount interest of this State.

(b) Roads, railroads, tramways, tunnels, ditches,flumes, pipes, reservoirs, dams, water gates, canals, aqueducts and dumpingplaces to facilitate the milling, smelting or other reduction of ores, theworking, reclamation or dewatering of mines, and for all mining purposes,outlets, natural or otherwise, for the deposit or conduct of tailings, refuse,or water from mills, smelters, or other work for the reduction of ores frommines, mill dams, pipelines, tanks or reservoirs for natural gas or oil, an occupancyin common by the owners or possessors of different mines, mills, smelters orother places for the reduction of ores, or any place for the flow, deposit orconduct of tailings or refuse matter and the necessary land upon which to erectsmelters and to operate them successfully, including the deposit of fine fluedust, fumes and smoke.

7. Byroads. Byroads leading from highways toresidences and farms.

8. Public utilities. Lines for telegraph, telephone,electric light and electric power and sites for plants for electric light andpower.

9. Sewerage. Sewerage of any city, town, settlement ofnot less than 10 families or any public building belonging to the State orcollege or university.

10. Water for generation and transmission ofelectricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes forsupplying and storing water for the operation of machinery to generate andtransmit electricity for power, light or heat.

11. Cemeteries, public parks. Cemeteries or publicparks.

12. Pipelines of beet sugar industry. Pipelines toconduct any liquids connected with the manufacture of beet sugar.

13. Pipelines for petroleum products, natural gas.Pipelines for the transportation of crude petroleum, petroleum products ornatural gas, whether interstate or intrastate.

14. Aviation. Airports, facilities for air navigationand aerial rights-of-way.

15. Monorails. Monorails and any other overhead orunderground system used for public transportation.

16. Community antenna television companies. Communityantenna television companies which have been granted a franchise from the governingbody of the jurisdictions in which they provide services. The exercise of thepower of eminent domain may include the right to use the wires, conduits,cables or poles of any public utility if:

(a) It creates no substantial detriment to the serviceprovided by the utility;

(b) It causes no irreparable injury to the utility; and

(c) The Public Utilities Commission of Nevada, aftergiving notice and affording a hearing to all persons affected by the proposeduse of the wires, conduits, cables or poles, has found that it is in the publicinterest.

17. Redevelopment. The acquisition of propertypursuant to NRS 279.382 to 279.685, inclusive.

[1911 CPA 664; A 1921, 262; 1937, 351; 1931 NCL 9153](NRS A 1961, 170; 1967, 868, 1228; 1969, 246; 1977, 652; 1983, 2008;1985, 2080; 1987, 1297; 1993, 361; 1997, 1961, 3365; 1999, 677, 679)

NRS 37.015 Necessaryaccess for owners, occupants of ranges, grazing lands: Exercise of power ofeminent domain. The State of Nevada or anypolitical subdivision or district which possesses the power of eminent domainmay, in addition to other uses for which the power may be exercised, exercisethe power of eminent domain for the purpose of providing necessary access forthe owners or occupants thereof to ranges and grazing lands.

(Added to NRS by 1969, 224)

NRS 37.020 Estatesin property subject to condemnation.

1. The fee simple or lesser estate in real property,and any other property, are subject to be taken for public use from the ownersthereof.

2. The right to take property under this chapterincludes the right to acquire and take the fee to the whole of a particularparcel of land whenever the acquisition of the portion thereof actually neededwould leave the remainder of such parcel in such irregular shape, uneconomicalsize, utility or condition as to be of little value or would give rise to claimsor litigation concerning damages which, when added to the compensation for theportion taken, would equal or exceed the value of the parcel as a whole.

[1911 CPA 665; RL 5607; NCL 9154](NRS A 1969,1051)

NRS 37.030 Privateproperty subject to condemnation. The privateproperty which may be taken under this chapter includes:

1. All real property belonging to any person, companyor corporation.

2. Lands belonging to the State, or to any county, orincorporated city or town, not appropriated to some public use.

3. Property appropriated to public use; but suchproperty shall not be taken unless for a more necessary public use than that towhich it has been already appropriated.

4. Franchises for toll roads, toll bridges, ferries,and all other franchises; but such franchises shall not be taken unless forfree highways, railroads or other more necessary public use.

5. All rights-of-way for any and all purposesmentioned in NRS 37.010, and any and allstructures and improvements thereon, and the lands held or used in connectiontherewith, shall be subject to be connected with, crossed, or intersected byany other right-of-way or improvement or structure thereon. They shall also besubject to a limited use in common with the owner thereof, when necessary; butsuch uses of crossings, intersections and connections shall be made in themanner most compatible with the greatest public benefit and the least privateinjury.

6. All classes of private property not enumerated maybe taken for public use when such taking is authorized by law.

[1911 CPA 666; RL 5608; NCL 9155]

NRS 37.035 Monorailsand other overhead or underground systems for public transportation:Acquisition by public agency of rights and easements on public streets bycondemnation.

1. Only a public agency may exercise the power ofeminent domain on behalf of a monorail or any other overhead or undergroundsystem used for public transportation, whether the monorail or other system isowned by a private person or a public agency.

2. In addition to property subject to condemnationpursuant to NRS 37.030, a public agencyon behalf of a monorail or any other overhead or underground system used forpublic transportation may acquire, by condemnation, rights and easementsacross, over, under and along public streets and roadways, but such rights maynot be exercised in such a manner as will permanently interfere with theexisting use of such streets or roadways.

3. To exercise the power of eminent domain on behalfof a monorail or any other overhead or underground system used for publictransportation, a public agency must issue an order approving the exercise ofthat power. A public agency may issue such an order if:

(a) The use to which the private property is to beapplied is a public use;

(b) The property is necessary for that public use;

(c) The intended public use of the property will be ofgreater public benefit than the current private use of the property; and

(d) The proposed exercise of the power of eminentdomain is not unreasonable and will not result in a taking of private propertythat is not fully compensable at law.

4. As used in this section, public agency means:

(a) Any agency of this state or the United States.

(b) Any political subdivision of this state, includinga regional transportation district or other district.

(Added to NRS by 1967, 869; A 1991, 1139)

NRS 37.036 Rightsof owner of monorail; acquirer shall hold owner and operator harmless fromliability.

1. If the State of Nevada or a city or county seeks toacquire through exercise, or the threat of exercise, of the power of eminentdomain all or part of, or the right to operate, a monorail installed oroperated pursuant to NRS 705.610 to 705.700, inclusive, the owner is entitled,in addition to any other right provided by law:

(a) To adequate contractual assurance that, afteracquisition, the acquirer will provide service, fares and performanceconforming to those existing at the time of acquisition, for the periodnecessary to protect the usefulness of the monorail to the owner; and

(b) To approve any future deletions from orreconfigurations of the monorail, including passenger stations.

2. The acquirer shall hold the owner and operatorharmless from any liability or claim arising after the acquisition from theoperation or any change made in the installation of the monorail or from anyact or omission of the acquirer or its employees, contractors or agents.

(Added to NRS by 1997, 2441)

NRS 37.038 Conditionsprecedent to taking property within historic district.

1. Before any person, other than a government orpublic utility, may exercise the right of eminent domain to take any realproperty within a historic district organized under chapter384 of NRS, he must first obtain the approval of the board of countycommissioners of the county or the governing body of the city in which thatreal property is situated. This consent must not be withheld if the personseeking to exercise the right of eminent domain shows that:

(a) The property will be put to a public use;

(b) The property is necessary for that public use; and

(c) The intended public use will be of great publicbenefit to the immediate community or area in which the real property issituated and not significantly harmful to historic landmarks or features.

2. In any subsequent judicial proceeding to condemnthat real property, the determinations of the board of county commissioners orthe governing body whether the property will be put to a public use and whetherit is necessary for that use are prima facie evidence of those facts,respectively, unless the court specifically finds that the determinations were:

(a) Arbitrary and capricious; or

(b) Not supported by substantial evidence.

(Added to NRS by 1981, 1619; A 1989, 22)

NRS 37.039 Conditionsprecedent to acquiring certain parcels of property for purpose of open-spaceuse.

1. Notwithstanding any other provision of law, anagency may not exercise the power of eminent domain to acquire a parcel ofproperty or group of contiguous parcels of property that is more than 40 acresin area for the purpose of open-space use unless:

(a) Before the governing body of the agency votes tocommence an action in eminent domain to acquire the property, the agency hasnegotiated with the owner of the property, in good faith, for a period of notless than 24 months beginning on the date on which the agency provided thewritten offer of compensation to the owner of the property pursuant tosubsection 2, to reach an agreement regarding the amount of compensation to bepaid for the property;

(b) The use of property for the purpose of open-spaceuse conforms with any applicable provisions of the applicable:

(1) Master plan adopted pursuant to chapter 278 of NRS;

(2) Zoning regulations adopted pursuant to chapter 278 of NRS; and

(3) Open-space plan adopted pursuant to chapter 376A of NRS;

(c) Each acre of the property is necessary for thepurpose of open-space use and will be devoted to open-space use for not lessthan 50 years; and

(d) If the agency is seeking to acquire water rightsappurtenant to the property, the agency uses the water beneficially on theproperty for the purpose of open-space use.

2. To satisfy the requirement to have negotiated withthe owner of the property in good faith, pursuant to paragraph (a) ofsubsection 1, an agency must, at a minimum:

(a) Provide to the owner of the property, by personaldelivery or by certified mail, return receipt requested, a written offer ofcompensation that includes:

(1) A copy of the appraisal report upon whichthe offer of compensation is based;

(2) A detailed description of the nature of theintended use of each acre of the property and the specific reasons for thenecessity of acquiring each acre of the property for the purpose of open-spaceuse;

(3) If the agency is seeking to acquire anywater rights appurtenant to the property, a detailed description of theintended beneficial use of the water rights on the property and the specificreasons for the necessity of acquiring the water rights; and

(4) The value of the property, plus damages, ifany, as appraised by the agency; and

(b) Attempt to engage in meaningful negotiations withthe owner of the property at least once per calendar month during the perioddescribed in paragraph (a) of subsection 1.

3. As used in this section:

(a) Agency means the State of Nevada, any politicalsubdivision of the State or any other governmental entity that possesses thepower of eminent domain.

(b) Open-space plan has the meaning ascribed to it inNRS 376A.010.

(c) Open-space use means the use of property:

(1) To promote the conservation of open spaceand the protection of other natural and scenic resources from unreasonableimpairment; or

(2) To protect, conserve or preserve wildlifehabitat.

(Added to NRS by 2005, 1786, 2218)

NRS 37.040 Conditionsprecedent to entry of judgment of condemnation; findings. No judgment of condemnation shall be entered unless thecourt first finds that:

1. The use to which the property is to be applied is apublic use.

2. The property is necessary to such public use.

3. If the property is already appropriated to somepublic use, the public use to which it is to be applied is a more necessarypublic use.

[1911 CPA 667; RL 5609; NCL 9156](NRS A 1965,994)

NRS 37.050 Locationof and entry upon land; damages.

1. If land is required for public use, the person,corporation or partnership or its agents in charge of the use may survey andlocate it. The land must be located in the manner most compatible with thegreatest public good and the least private injury, and subject to this chapter.The person, corporation or partnership or its agents may, with the consent ofthe owner or under a court order entered pursuant to subsection 2, enter uponthe land and make examinations, surveys and maps thereof, including soilinvestigations, test borings and the appraisal and valuation of the land andany improvements thereon.

2. If the owner or occupant of the land fails orrefuses to permit entry on the land for the purposes set forth in subsection 1,the person, corporation or partnership may petition the district court of thecounty in which the land is situated for an order permitting entry on the landfor those purposes. If the court ascertains, by affidavit or otherwise, thatthe person, corporation or partnership in good faith desires to enter the landfor those purposes, the court shall grant an order permitting that entry, conditionedupon the examination being made at reasonable times and in such a manner as tocause the least inconvenience to the owner or occupant of the land.

3. Entry upon land pursuant to this section does notgive rise to any cause of action in favor of the owner or occupant of the land,except for actual damages sustained to the land or any improvements thereon andall injuries resulting from negligence, wantonness or malice.

[1911 CPA 668; RL 5610; NCL 9157](NRS A 1977,235; 1989, 548; 1995, 502)

PROCEEDINGS

NRS 37.055 Eminentdomain proceedings take precedence over certain other proceedings and must bequickly heard and determined. All proceedingsin all courts brought under this chapter to exercise the right of eminentdomain take precedence over all other causes and actions not involving thepublic interest, to the end that all such proceedings must be quickly heard anddetermined.

(Added to NRS by 1999, 3533)

NRS 37.060 Verifiedcomplaint filed in district court in county in which property is situated;notice of pending litigation; effect.

1. All proceedings under this chapter must be broughtin the district court for the county in which the property or a part thereof issituated. The complaint in such cases must be verified, and the partyinstituting any such proceedings shall record with the recorder of each countyin which any of the property is situated a notice of the pendency of theaction.

2. From the time of such recording every purchaser orencumbrancer whose conveyance or encumbrance is not then recorded or docketedshall be deemed a subsequent purchaser or encumbrancer and is bound by theproceedings to the same extent and in the same manner as if he were a partytherein. He may intervene in the manner provided by NRS 37.080.

[1911 CPA 669; RL 5611; NCL 9158](NRS A 1965,994; 2001, 1749)

NRS 37.070 Contentsof complaint; inclusion of separate parcels in same or separate proceedings.

1. The complaint must contain:

(a) The name of the court in which the action iscommenced.

(b) The name of the corporation, partnership,association, commission or person in charge of the public use for which theproperty is sought, who must be styled plaintiff.

(c) The names of all owners, occupants and claimants ofthe property, if known, or a statement that they are unknown, who must bestyled defendants.

(d) A statement of the right of the plaintiff.

(e) If a right-of-way is sought, the complaint mustshow the location, general route and termini, and must be accompanied with amap thereof, so far as the right-of-way is involved in the action orproceeding.

(f) A description of each piece of land sought to betaken, and whether it includes the whole or only part of an entire parcel ortract.

2. All parcels lying in the county and required forthe same public use may be included in the same or separate proceedings, at theoption of the plaintiff, but the court may consolidate or separate them to suitthe conveniences of parties. Each defendant, at his option, may have a separatetrial.

[1911 CPA 670; RL 5612; NCL 9159](NRS A 1989,548; 1991, 456)

NRS 37.075 Summons. A summons shall be served with the complaint as in civilactions and shall contain a direction that the defendant appear and answer thecomplaint within 30 days after service of the summons and complaint, and afurther direction that unless the defendant so appears and answers, theplaintiff will be entitled to a judgment of condemnation by default.

(Added to NRS by 1965, 996)

NRS 37.080 Allparties in interest may appear. All persons inoccupation of, or having or claiming an interest in, any of the propertydescribed in the complaint, or in the damages for the taking thereof, thoughnot named, may appear, plead and defend, each in respect to his own property orinterest, or that claimed by him, in like manner as if named in the complaint.

[1911 CPA 671; RL 5613; NCL 9160]

NRS 37.083 Defaultof defendant: Entry; effect. If the defendantfails to file his answer within 30 days after service of the summons andcomplaint, the clerk shall, upon application of the plaintiff, enter thedefendants default, and the defendant shall be deemed to have waived alldefenses and objections to the sufficiency and validity of the complaint and tothe right of plaintiff to condemn the described property for the purposesstated therein.

(Added to NRS by 1965, 997)

NRS 37.085 Hearingafter defendants default: Determination of value and damages by court;judgment.

1. Where any defendant has failed to:

(a) Answer within the time allowed, and the clerk hasentered his default; or

(b) Appear at the time set for trial, whether suchtrial be before the court with or without a jury, and the court has directedthat his default be entered,

the courtshall proceed to conduct a hearing to determine the value of the property andany damages.

2. For the purpose of the hearing required by thissection, the court may consider, by affidavit or otherwise:

(a) Proof of the value of the property taken;

(b) The damages, if any, which may result from thecondemnation; and

(c) The amount, if any, alleged in the complaint to bejust compensation, and shall enter such judgment as it deems proper.

(Added to NRS by 1965, 997; A 1967, 814)

NRS 37.090 Powerof court. The court or judge thereof shallhave power:

1. To determine the places of making connections,crossings, cattle guards and culverts, and to regulate the manner thereof, andof enjoying the common use mentioned in subsection 5 of NRS 37.030.

2. To hear and determine all adverse or conflictingclaims to the property sought to be condemned, and to the damages therefor.

3. To determine the respective rights of differentparties asking condemnation of the same property.

[1911 CPA 672; RL 5614; NCL 9161](NRS A 1965,995)

NRS 37.100 Motionby plaintiff for order permitting occupancy pending entry of judgment; notice,hearing and proof; bond or deposit in court; defendant may be restrained.

1. The plaintiff may move the court or a judge thereofat any time after the commencement of suit, on notice for such time as the courtor judge may direct to the defendant if he is a resident of the county or hasappeared in the action, otherwise by serving a notice directed to him on theclerk of the court, for an order permitting the plaintiff to occupy thepremises sought to be condemned, pending the entry of judgment, and to do suchwork thereon as may be required for the easement, fee, or property rightssought, according to its nature.

2. The court or judge shall take proof, by affidavitor otherwise, of the value of the premises sought to be condemned, the damageswhich will accrue from the condemnation and the reasons for requiring a speedyoccupation, and shall grant or refuse the motion according to the equity of thecase and the relative damages which may accrue to the parties.

3. If the motion is granted, the court or judge shallrequire the plaintiff to execute and file in court a bond to the defendant,with sureties, to be approved by the court or judge in a penal sum to be fixedby the court or judge, not less than double the value of the premises sought tobe condemned and the damages which will ensue from condemnation and occupation,as the value and damages may appear to the court or judge on the hearing, andconditioned to pay the adjudged value of the premises and all damages if theproperty is condemned, and to pay all damages arising from occupation beforejudgment if the premises are not condemned, and all costs adjudged to thedefendant in the action. The sureties shall justify before the court or judge,after a reasonable notice to the defendant of the time and place ofjustification.

4. In lieu of a bond the plaintiff, with the consentof the court, may deposit with the clerk of the court a sum equal to the valueof the premises plus damages, as appraised by the plaintiff. Upon applicationof the defendant and upon notice to all parties, the court or judge may orderthe money deposited with the clerk of the court or any part thereof to be paidto the defendant. If the amount of the compensation awarded upon judgment isless than the sum deposited and paid to the defendant, the court shall enterjudgment in favor of the plaintiff and against the defendant for the amount ofthe excess. Application by the defendant to the court for withdrawal of part orall of the money deposited and the payment of that money to the defendant doesnot prejudice the right of the defendant to contest the amount of compensationto be finally awarded. The receipt by the defendant of a part or all of themoney deposited must be conditioned upon the waiver of all defenses exceptthose relating to the amount of compensation.

5. The amount of the penal bond or the deposit is forthe purpose of the motion only and is not admissible in evidence on finalhearing.

6. The court or judge may also restrain the defendantfrom hindering or interfering with the occupation of the premises and the doingthereon of the work required for the easement, fee, or property rights.

7. The provisions of this section requiring theexecution and filing of a bond do not apply in any action or proceeding inwhich the State of Nevada is the plaintiff, but the public faith and credit ofthe State of Nevada, is hereby pledged as security in lieu of the bond. Theprovisions of this subsection do not prevent the State of Nevada fromdepositing, in lieu of a pledge of the public faith and credit, with the clerkof the court a sum equal to the value of the premises plus any damages asappraised by the State.

[1911 CPA 673; A 1955, 284](NRS A 1957, 140; 1959,596; 1960, 419; 1963, 307; 1967, 814; 1973, 151; 1989, 633)

NRS 37.110 Ascertainmentand assessment of damages. The court, jury,commissioners or master must hear such legal testimony as may be offered by anyof the parties to the proceedings, and thereupon must ascertain and assess:

1. The value of the property sought to be condemnedand all improvements thereon pertaining to the realty, and of each and everyseparate estate or interest therein; if it consists of different parcels, thevalue of each parcel and of each estate or interest therein shall be separatelyassessed.

2. If the property sought to be condemned constitutesonly a part of a large parcel, the damages which will accrue to the portion notsought to be condemned, by reason of its severance from the portion sought tobe condemned, and the construction of the improvement in the manner proposed bythe plaintiff.

3. If the property, though no part thereof is taken,will be damaged by the construction of the proposed improvement, the amount ofsuch damages.

4. Separately, how much the portion not sought to becondemned, and each estate or interest therein, will be benefited, if at all,by the construction of the improvement proposed by the plaintiff; and if thebenefit shall be equal to the damages assessed, under subsection 2 of thissection, the owner of the parcel shall be allowed no compensation except thevalue of the portion taken; but if the benefit shall be less than the damagesso assessed, the former shall be deducted from the latter, and the remaindershall be the only damages allowed in addition to the value of the portiontaken.

5. If the property sought to be condemned be for arailroad, the cost of good and sufficient fences along the line of suchrailroad between such railroad and other adjoining lands of the defendant; andthe costs of cattle guards where fences may cross the line of such railroads.

As far aspracticable, compensation must be assessed for each source of damagesseparately.

[1911 CPA 674; RL 5616; NCL 9163]

NRS 37.111 Additionalcompensation for loss of goodwill.

1. In addition to any amount of compensationdetermined pursuant to NRS 37.110, theowner of a business conducted on property that is acquired pursuant to thischapter must be compensated for loss of goodwill if:

(a) The condemnation causes the business to bedissolved and the business cannot be relocated for reasons beyond the controlof the owner, including, without limitation, the unavailability of a newfranchise or when the value of the business is inextricably tied to the uniquelocation of the property being condemned; and

(b) The owner of the business has a property interestin the property acquired pursuant to this chapter.

2. As used in this section, goodwill means thecomponent of value attributed to the reputation, loyal customer base, abilityto attract new customers and location of a business. The term does not includethe loss of anticipated profits or loss of business opportunity.

(Added to NRS by 2005, 1787)

NRS 37.112 Valuationof property subject to condemnation as result of public work or project.

1. Except as otherwise provided in subsection 2, ifthe property is subject to condemnation as a result of a public work or publicimprovement, any decrease or increase in the fair market value of the propertybefore the date of valuation which is caused by:

(a) The public work or public improvement for which theproperty is acquired; or

(b) The likelihood that the property would be acquiredfor such a purpose,

must bedisregarded when assessing the value of the property pursuant to NRS 37.110.

2. Any decrease or increase in the fair market valueof the property before the date of valuation resulting from physicaldeterioration within the reasonable control of the owner is not required to bedisregarded pursuant to subsection 1.

(Added to NRS by 1993, 525)

NRS 37.115 Distributionof award among joint defendants by separate proceeding. Where there are two or more estates or divided interestsproperty sought to be condemned, the plaintiff is entitled to have the amountof the award for such property first determined as between plaintiff and alldefendants claiming any interest therein. The respective rights of suchdefendants in and to such award shall be determined by the court, jury, ormaster in a later and separate hearing in the same proceeding and the amountapportioned by order accordingly.

(Added to NRS by 1965, 997; A 1967, 815)

NRS 37.120 Assessmentof compensation and damages: Date of valuation; exceptions.

1. To assess compensation and damages as provided in NRS 37.110, the date of the first serviceof the summons is the date of valuation, except that, if the action is nottried within 2 years after the date of the first service of the summons, andthe court makes a written finding that the delay is caused primarily by theplaintiff or is caused by congestion or backlog in the calendar of the court,the date of valuation is the date of the actual commencement of the trial. If anew trial is ordered by a court, the date of valuation used in the new trialmust be the date of valuation used in the original trial.

2. No improvements put upon the property after thedate of the service of the summons may be included in the assessment ofcompensation or damages, regardless of the date of valuation.

3. As used in this section, primarily means thegreater amount, quantity or quality of acts of the plaintiff or the defendantor, if there is more than one defendant, the total delay caused by all thedefendants, that would cause the date of the trial to be continued past 2 yearsafter the date of the first service of the summons.

[1911 CPA 675; RL 5617; NCL 9164](NRS A 1965,686; 1991, 1641; 1993, 526; 1999, 3533)

NRS 37.130 Newproceedings may be instituted when title found defective. If the title attempted to be acquired is found to bedefective from any cause, the plaintiff may again institute proceedings toacquire the same as in this chapter prescribed.

[1911 CPA 676; RL 5618; NCL 9165]

NRS 37.140 Damagesto be paid within 30 days after judgment; bond for railroad fence. The plaintiff must, within 30 days after final judgment,pay the sum of money assessed. If the plaintiff is a railroad company, it shallalso execute to the defendant a bond, with sureties to be determined andapproved by the court or judge, conditioned that the plaintiff shall buildproper fences through any enclosed field before commencing actual construction.In an action on the bond all damages sustained and the cost of the constructionof such fences and cattle guards, with a reasonable attorney fee, to be fixedby the court, may be recovered.

[1911 CPA 677; RL 5619; NCL 9166]

NRS 37.150 Awarddeposited in court; execution; when proceedings may be annulled. The award shall be deposited in court for defendants andbe distributed to those entitled thereto. If the award be not so deposited, thedefendants may have execution as in civil cases; and if the award cannot bemade on execution, the court, upon showing to that effect, must set aside andannul the entire proceedings, and restore possession of the property to thedefendants, if possession has been taken by the plaintiff.

[1911 CPA 678; RL 5620; NCL 9167](NRS A 1965, 995)

NRS 37.160 Entryof final order of condemnation on deposit of award; recording; when titlevests. When the award has been deposited asrequired by NRS 37.150 and the bondgiven, if required by NRS 37.140, thecourt shall enter a final order of condemnation describing the propertycondemned and the purpose of such condemnation. A copy of the order shall berecorded in the office of the recorder of the county, and thereupon the titleto the property described therein shall vest in the plaintiff for the purposetherein specified, except that when the State is the plaintiff, the propertyshall vest in the State for any public use.

[1911 CPA 679; RL 5621; NCL 9168](NRS A 1965,995; 1967, 815)

NRS 37.170 Plaintiffmay continue in or be placed in possession pending conclusion of litigation;effect of defendants receipt of money on deposit; judgments.

1. At any time after the entry of judgment, or pendingan appeal by either party from the judgment to the Supreme Court, whenever theplaintiff has paid into court for the defendant the full amount of thejudgment, and such further sum as may be required by the court as a fund to payany further damages and costs that may be recovered in the proceedings, as wellas all damages that may be sustained by the defendant, if for any cause theproperty is not finally taken for public use, the plaintiff, if already inpossession, may continue therein, and if not, the court shall, upon motion ofthe plaintiff, authorize the plaintiff to take possession of and use the propertyduring the pendency of and until the final conclusion of the litigation, andshall, if necessary, stay all actions and proceedings against the plaintiff onaccount thereof. The plaintiff must not be held to have abandoned or waived theright to appeal from the judgment by paying into court the amount of thejudgment and such further sum as may be required by the court and takingpossession of the property pursuant to this subsection.

2. The defendant, who is entitled to the money paidinto court for him upon any judgment, is entitled to demand and receive thatmoney at any time after obtaining an order therefor from the court. The courtor judge thereof shall, upon application being made by the defendant and noticeto all parties, order and direct that the money so paid into court be deliveredto the defendant upon his filing a satisfaction of the judgment, or upon hisfiling a receipt for the money and an abandonment of all defenses to the actionor proceeding, except as to the amount of damages that he may be entitled to ifa new trial is granted. A payment to a defendant pursuant to this subsectionshall be deemed to be an abandonment by that defendant of all defenses interposedby him, excepting his claim for greater compensation.

3. If the amount of the compensation awarded uponfinal judgment exceeds the sum paid into court, the court shall enter judgmentagainst the plaintiff and in favor of the defendant for the amount of theexcess plus interest. If the amount of the compensation awarded upon finaljudgment is less than the sum paid into court and paid to the defendant, thecourt shall enter judgment in favor of the plaintiff and against the defendantfor the amount of the excess plus interest.

[1911 CPA 680; RL 5622; NCL 9169](NRS A 1959,597; 1960, 420; 1965, 995; 1973, 152; 1989, 634)

NRS 37.175 Interestpaid by plaintiff.

1. Except as otherwise provided in this section, theplaintiff shall pay interest on the final judgment on the difference betweenthe amount deposited pursuant to NRS 37.100or 37.170 and the sum of the amountawarded for the taking and any damages awarded for the severance of theproperty, excluding costs and attorneys fees, from the date of the firstservice of the summons until the date the judgment is satisfied, at the rateprovided in NRS 17.130.

2. The plaintiff is not required to pay interest onany amount deposited pursuant to the provisions of NRS 37.100 or 37.170.

3. No interest is required to be paid for the periodfrom the date of a trial which is continued past 2 years after the date of thefirst service of the summons, until the date of entry of judgment, if thecontinuance was caused primarily by the defendant or, if there is more than onedefendant, the total delay caused by all the defendants. As used in thissubsection, primarily means the greater amount, quantity or quality of actsof the plaintiff or the defendant or, if there is more than one defendant, thetotal delay caused by all defendants, that would cause the trial to becontinued past 2 years after the date of the first service of the summons.

(Added to NRS by 1960, 421; A 1967, 816; 1979, 830;1981, 1859; 1987, 940; 1991, 1642; 1999, 3534)

NRS 37.180 Abandonmentof condemnation proceedings; defendants damages for plaintiffs occupancy.

1. The plaintiff may abandon the proceedings at anytime after filing the complaint and before the expiration of 30 days afterfinal judgment by serving on defendants and filing in court a written notice ofabandonment. Upon that abandonment, on motion of any party, a judgment must beentered dismissing the proceedings and awarding the defendants their costs anddisbursements, which must include all necessary expenses incurred in preparingfor trial and reasonable attorney fees. Those costs and disbursements may beclaimed in and by a cost bill, to be prepared, served, filed and taxed as incivil actions, except that, upon a judgment of dismissal on motion of theplaintiff, any defendant may file a cost bill within 30 days after notice ofentry of that judgment.

2. If the plaintiff has been placed in possession ofthe premises under the provisions of NRS37.100 or 37.170, the defendant isentitled to all damages arising from that occupancy of the abandoned property.

[1911 CPA 681.5; added 1955, 284](NRS A 1959, 597;1965, 996; 1973, 152; 1989, 635)

NRS 37.190 Costs:Allowance and apportionment. Costs may beallowed or not, and if allowed may include a maximum of $350 for appraisalreports used at the trial and $150 for fees of expert witnesses who testify atthe trial, and may be apportioned between the parties on the same or adversesides, in the discretion of the court.

[1911 CPA 681; RL 5623; NCL 9170](NRS A 1969,436; 1973, 153; 1989, 636)

NRS 37.200 Rulesof practice. Except as otherwise provided inthis chapter, the provisions of NRS, Nevada Rules of Civil Procedure and NevadaRules of Appellate Procedure relative to civil actions, new trials and appealsshall be applicable to and constitute the rules of practice in the proceedingsin this chapter.

[1911 CPA 682; RL 5624; NCL 9171]

MISCELLANEOUS PROVISIONS

NRS 37.210 Rightsof cities and towns not affected. Nothing inthis chapter shall be construed to abrogate or repeal any statute provided forthe taking of property in any city, town or county for street or highwaypurposes.

[1911 CPA 683; RL 5625; NCL 9172]

NRS 37.220 Crossingsto be made and kept in repair. A partyobtaining a right-of-way shall, without delay, construct such crossings andculverts as may be required by the court or judge, and shall keep them and theway itself in good repair.

[1911 CPA 684; RL 5626; NCL 9173]

NRS 37.230 Condemnationby railroad companies. Any company incorporatedunder the laws of this state, or constructing or operating a railway in thisstate, in addition to other rights conferred, shall have power:

1. To enter, by its servants, upon the real propertyof any person, for the purpose of selecting an advantageous route for its mainline or any branch thereof, or for the purpose of relocating its line, subjectto responsibility for all damages resulting therefrom.

2. To acquire by purchase, donation or otherwise, allsuch real and personal property as may be necessary for, or may be given to aidor encourage the construction and maintenance of its railroad and for itsbuildings and yards.

3. To condemn, in the manner provided by law, aright-of-way with such additional lands as may be necessary for depot groundsor for the purpose of constructing necessary embankments, excavations, ditches,drains and culverts.

4. To cross natural or artificial streams or bodies ofwater, streets, highways or railroads which its road may intersect, and in suchmanner as to afford security for life and property and subject to the duty ofimmediately restoring such course or body of water, street, highway, or railwayto its former condition, as nearly as may be.

5. To cross, intersect, join or unite its railroadwith any other railroad, either before or after the construction, at any pointupon its route, and upon the grounds of such other railroad corporation, withthe necessary turnouts, sidings and switches, and other conveniences infurtherance of the objects of its connections, and every corporation whoserailroad is or shall be hereafter intersected by any new railroad, shall unitewith the owners of such new railroad in forming such intersections andconnections, and grant facilities therefor.

6. To construct and operate spurs or branch lines ofrailroad connecting with the main line or any branch thereof, not to exceed 5miles in length each, though such spurs or branch lines be not named ordescribed in the articles of incorporation, and to relocate any section orsections of its lines between the principal termini, with the same powers as inthe case of original or first locations.

[1911 CPA 685; RL 5627; NCL 9174]

NRS 37.240 Tworailroad companies may have right-of-way over same passes; change and expenseof reconstruction of public highway. Anyrailroad company whose right-of-way, or whose track or roadbed upon suchright-of-way passes through any canyon, pass or defile, shall not prevent anyother railroad company from the use or occupancy of such canyon, pass or defilefor the purposes of its road, in common with the road first located, or thecrossing of other railroads at grade; and the location of such right-of-waythrough any canyon, pass or defile shall not cause the disuse of any publichighway now located therein, nor prevent the location through the same of anysuch highway where such highway may be necessary for the public accommodation;and where any change in the location of such highway is necessary to permit thepassage of such railroad through any canyon, pass or defile, the railroadcompany shall, before entering upon the ground occupied by such highway, causethe same to be reconstructed at its own expense in the most favorable location,and in as perfect a manner as the original highway. Such expenses shall beequitably divided between any number of railroad companies occupying and usingthe same canyon, pass or defile.

[1911 CPA 686; RL 5628; NCL 9175]

NRS 37.250 Rightof eminent domain granted to nonresident or foreign corporations orpartnerships; conditions. The right of eminentdomain is hereby granted to nonresident or foreign corporations or partnershipswhich are now organized or may be organized under the laws of another state orterritory, or under any act of Congress, and upon the same terms and conditionsas any resident citizen, domestic corporation or partnership. Before anycorporation or partnership organized or incorporated otherwise than under thelaws of this state is entitled to any of the rights granted by this chapter, itmust first comply with all laws of this state prescribing the conditions inwhich the corporation or partnership may be authorized to do business withinthe State or within any county of the State in which it seeks to exercise theright of eminent domain.

[1911 CPA 687; RL 5629; NCL 9176](NRS A 1989,549)

NRS 37.260 Disposalof real property and improvements acquired by exercise of power of eminentdomain: Procedure; presumption; conveyance.

1. Any real property, interest therein or improvementthereon which has been acquired in accordance with the provisions of thischapter or purchased under the threat of eminent domain proceedings by anassociation, commission, corporation, partnership or political subdivisionother than a county or incorporated city may be disposed of as surplus by thatentity only in accordance with the provisions of this section.

2. The governing body of the entity desiring todispose of the property must first adopt a resolution declaring that theproperty is no longer required for the purposes for which it was acquired orfor other reasonable public use.

3. The property, interest or improvement must be soldby the entity to the highest bidder bidding for the property, either at publicauction or by sealed bids, the notice and terms of which must be published in anewspaper of general circulation in the county where the property is situatedat least once not less than 15 nor more than 45 days before the sale. When, inthe opinion of the governing body of the entity, the property cannot be sold bymeans of public auction or sealed bids without working an undue hardship upon aproperty owner either as a result of a severance of that owners property or adenial of access to a public street or highway, the governing body may firstoffer the property to that owner at a price determined by the governing body tobe in the best interest of the corporation, partnership, association, commissionor political subdivision.

4. It is conclusively presumed in favor of anypurchaser for value and without notice of any such real property, interesttherein or improvement thereon conveyed pursuant to this section that theentity disposing of it acted within its lawful authority in acquiring anddisposing of the property, and that the officers thereof acted within theirlawful authority in executing any conveyance vesting title in the purchaser.All such conveyances must be quitclaim in nature and must not carry anywarranty of title.

(Added to NRS by 1969, 1052; A 1981, 988; 1989, 549)

NRS 37.270 Rightof first refusal to purchase property acquired by governmental entity:Conditions; purchase price; exceptions. [Effective through June 30, 2007.]

1. Except as otherwise provided in subsection 2,notwithstanding any other provision of law, if the State of Nevada, anypolitical subdivision of the State or other governmental entity that hasacquired property pursuant to the provisions of this chapter:

(a) Fails to use the property for the public purposefor which it was acquired; and

(b) Seeks to convey the right, title or interest in allor part of that property to any person,

within 15years after the property is acquired, the person from whom the property wasacquired or his successor in interest must be granted the right of firstrefusal to purchase the right, title or interest in the property sought to beconveyed for fair market value which shall be deemed to be an amount which doesnot exceed the proportional amount paid by the State, political subdivision orother governmental entity for the acquisition of the property.

2. This section does not apply to property that is:

(a) Acquired through the use of federal funds; or

(b) Purchased as an early or total acquisition at therequest of the owner of the property.

(Added to NRS by 2005, 1787; A 2005, 2219)

NRS 37.270 Right of first refusal to purchaseproperty acquired by governmental entity: Conditions; purchase price.[Effective July 1, 2007.] Notwithstanding anyother provision of law, if the State of Nevada, any political subdivision ofthe State or other governmental entity that has acquired property pursuant tothe provisions of this chapter:

1. Fails to use the property for the public purposefor which it was acquired; and

2. Seeks to convey the right, title or interest in allor part of that property to any person,

within 15years after the property is acquired, the person from whom the property wasacquired or his successor in interest must be granted the right of firstrefusal to purchase the right, title or interest in the property sought to beconveyed for fair market value which shall be deemed to be an amount which doesnot exceed the proportional amount paid by the State, political subdivision orother governmental entity for the acquisition of the property.

(Added to NRS by 2005, 1787; A 2005, 2219,effective July 1, 2007)

 

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