2005 Nevada Revised Statutes - Chapter 342 — Acquisition of Real Property and Assistance in Relocation

CHAPTER 342 - ACQUISITION OF REAL PROPERTYAND ASSISTANCE IN RELOCATION

NRS 342.015 Definitions.

NRS 342.025 Dutyto develop process for claiming eligibility for services and benefits providedto displaced persons or businesses by governmental body.

NRS 342.035 Dutyto provide certain administrative services to persons who may be displaced.

NRS 342.045 Dutyto adopt policies to provide relocation assistance and make relocationpayments.

NRS 342.055 Paymentsof certain costs, fees and sums to persons displaced as result of acquisitionof property by or on behalf of urban renewal agency; exceptions; otherappropriate action which allows relocation to comparable location.

NRS 342.065 Periodfor making payments of benefits; payment to third party upon request;establishment of administrative appeal process for grievances.

NRS 342.075 Applicabilityof NRS 342.015 to 342.065, inclusive; discretion of governmentalbody to pay increased benefits; regulations governing interpretation of certainwords or phrases.

NRS 342.105 Compliancewith federal law required; adoption of regulations by Director of Department ofTransportation.

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NRS 342.015 Definitions. As used in NRS 342.015to 342.075, inclusive, unless thecontext otherwise requires:

1. Acquisition means the acquisition of realproperty by a governmental body by purchase or eminent domain.

2. Business means a business which is licensed inaccordance with law.

3. Displacement means the actual vacating of realproperty by a natural person or business because of an acquisition by agovernmental body.

4. Governmental body means any political subdivisionof this state, any department, agency or instrumentality of a politicalsubdivision, and any other entity which is authorized to exercise the power ofeminent domain.

(Added to NRS by 1995, 2232)

NRS 342.025 Dutyto develop process for claiming eligibility for services and benefits providedto displaced persons or businesses by governmental body. Before displacing a natural person or a business as aresult of an acquisition, a governmental body shall develop a process by whichnatural persons or businesses who will be displaced from their dwellings orbusiness establishments as a result of the acquisition, and who are otherwiseeligible for services and benefits provided by the governmental body pursuantto NRS 342.015 to 342.075, inclusive, may claim eligibilityfor those services and benefits. The process must include, without limitation,claim forms and a schedule setting forth the time when those forms and anyrequired attachments must be submitted to the governmental body and the timewhen the governmental body will distribute any monetary compensation or provideother services.

(Added to NRS by 1995, 2232)

NRS 342.035 Dutyto provide certain administrative services to persons who may be displaced. A governmental body shall provide the following administrativeservices for persons whose dwellings or business establishments are situated onproperty proposed for acquisition by the governmental body:

1. Written materials and public meetings, whereapplicable, which will provide information on the proposed acquisition of theproperty and the services and benefits that will be available to the personswho will be displaced.

2. Information and assistance regarding the time andmanner in which the persons may claim eligibility for such services andbenefits.

3. Ninety days written notice of the proposeddisplacement. This notice must contain information on the procedure forobtaining the services and benefits provided pursuant to NRS 342.015 to 342.075, inclusive, to which a person isotherwise eligible.

(Added to NRS by 1995, 2232)

NRS 342.045 Dutyto adopt policies to provide relocation assistance and make relocationpayments. Before undertaking a project thatwill result in the displacement of a natural person or a business, eachgovernmental body, or person acting on behalf of, under contract with or incooperation with the governmental body, shall adopt policies pursuant to NRS 342.015 to 342.075, inclusive, to provide relocationassistance and make relocation payments to each person, whether an owner or atenant, who is displaced from his dwelling or business establishment as aresult of the acquisition of property in a manner substantially similar to andin amounts equal to or greater than those which are provided for in the federalUniform Relocation Assistance and Real Property Acquisition Policies Act of1970, 42 U.S.C. 4601-4655, and the regulations adopted pursuant thereto.Nothing in this section prohibits the payment of relocation benefits to arenter or lessee of real property whose tenancy is from month to month.

(Added to NRS by 1995, 2233; A 1999, 3615)

NRS 342.055 Paymentsof certain costs, fees and sums to persons displaced as result of acquisitionof property by or on behalf of urban renewal agency; exceptions; otherappropriate action which allows relocation to comparable location.

1. In addition to the relocation benefits providedpursuant to NRS 342.045, each person whois displaced from his business establishment as a result of the acquisition ofproperty by an agency created pursuant to chapter279 of NRS or by any person or entity acting on behalf of, in cooperationwith or under contract with such an agency, and whose lease of the premises onwhich the establishment is situated is terminated as a consequence of theacquisition, must be paid:

(a) The actual, reasonable and necessary costs ofalterations and other physical changes that are required to be made to a newlocation to render it suitable for the operation of the business;

(b) The actual, reasonable and necessary costs ofmodifications made to machinery, equipment and other personal property moved tothe new location which were necessary for the operation of the business, exceptthat such costs must not exceed the acquisition cost of the machinery,equipment and other personal property less accumulated depreciation;

(c) The prorated fees for any licenses, permits orcertifications that must be obtained for the business to operate in the newlocation;

(d) The actual, reasonable and necessary fees forprofessional services incurred in connection with the acquisition of areplacement site, including the services of architects, appraisers, attorneys,engineers, realtors and other consultants; and

(e) A sum equal to:

(1) An amount which, when added to the amountthat the tenant formerly paid in rent, will enable him to rent or lease acomparable business location on the current market for a term equal to theperiod that would have remained on his lease if it had not been terminated as aresult of the acquisition of the property or 3 years, whichever is greater; or

(2) The fair market value of the business asdetermined in accordance with subsection 6 of NRS37.009 if the business owner is unable to relocate his businessestablishment to a comparable new location because of the operation of a governmentalordinance, regulation or restriction or because a comparable business locationis not available.

2. The provisions of this section do not apply tomonth-to-month tenancies.

3. The provisions of this section do not apply to abusiness which executes an initial lease within 1 year before the approval of adevelopment agreement or other similar action of a governmental bodyidentifying the property that will be acquired, unless the business is renewinga lease on a site that it has occupied for more than 1 year before theidentification of the property that will be acquired.

4. A governmental body may adopt ordinances orregulations or take any other appropriate action which allows a business to berelocated to a comparable business location.

5. As used in this section, comparable businesslocation means a location that is decent, safe and sanitary, adequate in sizefor the needs of the displaced business, functionally equivalent for thepurposes of the displaced business and located in an area not subject tounreasonably adverse environmental conditions.

6. Nothing contained in this section requires agovernmental body to relocate a business to a location in a redevelopment areaor an area similar to a redevelopment area, or to provide the benefits that alocation in a redevelopment area would provide.

(Added to NRS by 1995, 2233; A 1997, 606)

NRS 342.065 Periodfor making payments of benefits; payment to third party upon request;establishment of administrative appeal process for grievances.

1. All payments of benefits pursuant to NRS 342.015 to 342.075, inclusive, must be made within 90days after notice of displacement is given by a governmental body. If a personentitled to such benefits informs the governmental body that a payment isneeded immediately to pay a third party, such as a new landlord, utilitycompany or escrow company, the governmental body shall make any authorizedpayment directly to the third party upon request.

2. Each governmental body subject to the provisions ofNRS 342.015 to 342.075, inclusive, shall establish anadministrative appeal process for handling grievances arising pursuant to thosesections. The process must include, at a minimum, notice and an opportunity tobe heard.

(Added to NRS by 1995, 2234)

NRS 342.075 Applicabilityof NRS 342.015to 342.065,inclusive; discretion of governmental body to pay increased benefits;regulations governing interpretation of certain words or phrases.

1. Notwithstanding the provisions of any other statuteto the contrary, the provisions of NRS342.015 to 342.065, inclusive, applyto all acquisitions of real property by a governmental body by purchase oreminent domain unless the person who is being displaced owns and occupies thereal property and willingly agrees to the purchase price offered by thegovernmental body.

2. Notwithstanding the provisions of NRS 342.015 to 342.065, inclusive, a governmental bodymay, if appropriate under the circumstances, pay to a displaced person anamount of benefits that exceeds the amounts set forth in NRS 342.015 to 342.065, inclusive. The governmental bodyhas sole discretion to decide whether benefits will be paid in an amount thatexceeds the amounts set forth in NRS 342.015to 342.065, inclusive, and its decisionon that matter is final.

3. The regulations adopted pursuant to the federalUniform Relocation Assistance and Real Property Acquisition Policies Act of1970, 42 U.S.C. 4601-4655, govern the interpretation of any word or phrasenot specifically defined in NRS 342.015and 342.055.

(Added to NRS by 1995, 2234)

NRS 342.105 Compliancewith federal law required; adoption of regulations by Director of Department ofTransportation.

1. Any department, agency, instrumentality orpolitical subdivision of this State, or any other public or private entity,which is subject to the provisions of the federal Uniform Relocation Assistanceand Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601-4655, andthe regulations adopted pursuant thereto, and which undertakes any project thatresults in the acquisition of real property or in a person being displaced fromhis home, business or farm, shall provide relocation assistance and makerelocation payments to each displaced person and perform such other acts andfollow such procedures and practices as are necessary to comply with thosefederal requirements.

2. The Director of The Department of Transportationshall review the federal act and all amendments and regulations adoptedpursuant thereto and adopt such regulations as he finds are necessary to enablethe State of Nevada to comply with those federal requirements.

(Added to NRS by 1989, 633)(Substituted in revisionfor NRS 342.005)

 

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