USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 37 - EMINENT DOMAIN
As used in this chapter, unless the
context otherwise requires:
1. “Date of valuation” means the date on which the value of the
property actually taken, and the damages, if any, to the remaining
property, must be determined.
2. “Final judgment” means a judgment which cannot be directly
attacked by appeal, motion for new trial or motion to vacate the judgment.
3. “Judgment” means the judgment determining the right to condemn
property and fixing the amount of compensation to be paid by the
plaintiff.
4. “Partnership” includes a limited partnership.
5. “Person” includes a government, governmental agency or
political subdivision of a government.
6. “Value” means the most probable price which a property would
bring in a competitive and open market under the conditions of a fair
sale, without the price being affected by undue stimulus, whereby the
sale is consummated on a specified date and the title to the property is
passed from the seller to the buyer under the following conditions:
(a) The buyer and seller are acting prudently and knowledgeably;
(b) The buyer and seller are typically motivated;
(c) The buyer and seller are well informed or well advised and
acting in what they consider are their own best interests;
(d) A reasonable time is allowed to expose the property for sale on
the open market;
(e) Payment is made with United States dollars in cash or pursuant
to another financial arrangement comparable thereto; and
(f) The sale price represents the normal consideration for the
property and is unaffected by special or creative financing or sales
concessions granted by any person associated with the sale.
(Added to NRS by 1959, 596; A 1989, 548; 1993, 525; 1995, 501)
APPLICABILITY OF CHAPTER
1. Except as otherwise provided in subsection 2, only a public
agency may exercise the power of eminent domain pursuant to the
provisions of this chapter.
2. Except as otherwise provided in NRS 37.0097 , the power of eminent domain may be exercised
by a person who is not a public agency pursuant to NRS 37.230 and subsections 6, 8, 10, 13 and 16 of NRS
37.010 .
3. As used in this section, “public agency” means an agency or
political subdivision of this State or the United States.
(Added to NRS by 1997, 1224; A 1999, 433 )
1. A unit-owners’ association may not exercise the power of
eminent domain pursuant to the provisions of this chapter.
2. As used in this section, “unit-owners’ association” has the
meaning ascribed to it in NRS 116.011 .
(Added to NRS by 1997, 3125)
SCOPE OF POWER
Subject to the provisions of this chapter, the right of
eminent domain may be exercised in behalf of the following public
purposes:
1. Federal activities. All public purposes authorized by the
Government of the United States.
2. State activities. Public buildings and grounds for the use of
the State, the Nevada System of Higher Education and all other public
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 or
town, or school district, reservoirs, water rights, canals, aqueducts,
flumes, ditches or pipes for conducting water for the use of the
inhabitants of any county, incorporated city or town, for draining any
county, incorporated city or town, for raising the banks of streams,
removing obstructions therefrom, and widening, deepening or straightening
their channels, for roads, streets and alleys, 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 and similar
uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads,
byroads, plank and turnpike roads, roads for transportation by traction
engines or locomotives, roads for logging or lumbering purposes, and
railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses,
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 for domestic and other uses, for irrigating purposes, for draining
and reclaiming lands, 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 recognized as the
paramount interest of this State.
(b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes,
reservoirs, dams, water gates, canals, aqueducts and dumping places to
facilitate the milling, smelting or other reduction of ores, the working,
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 from
mines, mill dams, pipelines, tanks or reservoirs for natural gas or oil,
an occupancy in common by the owners or possessors of different mines,
mills, smelters or other places for the reduction of ores, or any place
for the flow, deposit or conduct of tailings or refuse matter and the
necessary land upon which to erect smelters and to operate them
successfully, including the deposit of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. Lines for telegraph, telephone, electric
light and electric power and sites for plants for electric light and
power.
9. Sewerage. Sewerage of any city, town, settlement of not less
than 10 families or any public building belonging to the State or college
or university.
10. Water for generation and transmission of electricity. Canals,
reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and
storing water for the operation of machinery to generate and transmit
electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipelines of beet sugar industry. Pipelines to conduct 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 or natural gas,
whether interstate or intrastate.
14. Aviation. Airports, facilities for air navigation and aerial
rights-of-way.
15. Monorails. Monorails and any other overhead or underground
system used for public transportation.
16. Community antenna television companies. Community antenna
television companies which have been granted a franchise from the
governing body of the jurisdictions in which they provide services. The
exercise of the power 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 service provided by
the utility;
(b) It causes no irreparable injury to the utility; and
(c) The Public Utilities Commission of Nevada, after giving notice
and affording a hearing to all persons affected by the proposed use of
the wires, conduits, cables or poles, has found that it is in the public
interest.
17. Redevelopment. The acquisition of property pursuant 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 )
The State of Nevada
or any political subdivision or district which possesses the power of
eminent domain may, in addition to other uses for which the power may be
exercised, exercise the power of eminent domain for the purpose of
providing necessary access for the owners or occupants thereof to ranges
and grazing lands.
(Added to NRS by 1969, 224)
1. The fee simple or lesser estate in real property, and any other
property, are subject to be taken for public use from the owners thereof.
2. The right to take property under this chapter includes the
right to acquire and take the fee to the whole of a particular parcel of
land whenever the acquisition of the portion thereof actually needed
would leave the remainder of such parcel in such irregular shape,
uneconomical size, utility or condition as to be of little value or would
give rise to claims or litigation concerning damages which, when added to
the compensation for the portion taken, would equal or exceed the value
of the parcel as a whole.
[1911 CPA § 665; RL § 5607; NCL § 9154]—(NRS A 1969, 1051)
The private
property which may be taken under this chapter includes:
1. All real property belonging to any person, company or
corporation.
2. Lands belonging to the State, or to any county, or incorporated
city or town, not appropriated to some public use.
3. Property appropriated to public use; but such property shall
not be taken unless for a more necessary public use than that to which 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 for free
highways, railroads or other more necessary public use.
5. All rights-of-way for any and all purposes mentioned in NRS
37.010 , and any and all structures and
improvements thereon, and the lands held or used in connection therewith,
shall be subject to be connected with, crossed, or intersected by any
other right-of-way or improvement or structure thereon. They shall also
be subject to a limited use in common with the owner thereof, when
necessary; but such uses of crossings, intersections and connections
shall be made in the manner most compatible with the greatest public
benefit and the least private injury.
6. All classes of private property not enumerated may be taken for
public use when such taking is authorized by law.
[1911 CPA § 666; RL § 5608; NCL § 9155]
1. Only a public agency may exercise the power of eminent domain
on behalf of a monorail or any other overhead or underground system used
for public transportation, whether the monorail or other system is owned
by a private person or a public agency.
2. In addition to property subject to condemnation pursuant to NRS
37.030 , a public agency on behalf of a
monorail or any other overhead or underground system used for public
transportation may acquire, by condemnation, rights and easements across,
over, under and along public streets and roadways, but such rights may
not be exercised in such a manner as will permanently interfere with the
existing use of such streets or roadways.
3. To exercise the power of eminent domain on behalf of a monorail
or any other overhead or underground system used for public
transportation, a public agency must issue an order approving the
exercise of that power. A public agency may issue such an order if:
(a) The use to which the private property is to be applied is a
public use;
(b) The property is necessary for that public use;
(c) The intended public use of the property will be of greater
public benefit than the current private use of the property; and
(d) The proposed exercise of the power of eminent domain is not
unreasonable and will not result in a taking of private property that 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, including a regional
transportation district or other district.
(Added to NRS by 1967, 869; A 1991, 1139)
1. If the State of Nevada or a city or county seeks to acquire
through exercise, or the threat of exercise, of the power of eminent
domain all or part of, or the right to operate, a monorail installed or
operated 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, after acquisition, the
acquirer will provide service, fares and performance conforming to those
existing at the time of acquisition, for the period necessary to protect
the usefulness of the monorail to the owner; and
(b) To approve any future deletions from or reconfigurations of the
monorail, including passenger stations.
2. The acquirer shall hold the owner and operator harmless from
any liability or claim arising after the acquisition from the operation
or any change made in the installation of the monorail or from any act or
omission of the acquirer or its employees, contractors or agents.
(Added to NRS by 1997, 2441)
1. Before any person, other than a government or public utility,
may exercise the right of eminent domain to take any real property within
a historic district organized under chapter 384 of NRS, he must first obtain the approval of the board of county
commissioners of the county or the governing body of the city in which
that real property is situated. This consent must not be withheld if the
person seeking 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 public benefit to the
immediate community or area in which the real property is situated and
not significantly harmful to historic landmarks or features.
2. In any subsequent judicial proceeding to condemn that real
property, the determinations of the board of county commissioners or the
governing body whether the property will be put to a public use and
whether it 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)
1. Notwithstanding any other provision of law, an agency may not
exercise the power of eminent domain to acquire a parcel of property or
group of contiguous parcels of property that is more than 40 acres in
area for the purpose of open-space use unless:
(a) Before the governing body of the agency votes to commence an
action in eminent domain to acquire the property, the agency has
negotiated with the owner of the property, in good faith, for a period of
not less than 24 months beginning on the date on which the agency
provided the written offer of compensation to the owner of the property
pursuant to subsection 2, to reach an agreement regarding the amount of
compensation to be paid for the property;
(b) The use of property for the purpose of open-space use 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 the purpose of
open-space use and will be devoted to open-space use for not less than 50
years; and
(d) If the agency is seeking to acquire water rights appurtenant to
the property, the agency uses the water beneficially on the property for
the purpose of open-space use.
2. To satisfy the requirement to have negotiated with the owner of
the property in good faith, pursuant to paragraph (a) of subsection 1, an
agency must, at a minimum:
(a) Provide to the owner of the property, by personal delivery or
by certified mail, return receipt requested, a written offer of
compensation that includes:
(1) A copy of the appraisal report upon which the offer of
compensation is based;
(2) A detailed description of the nature of the intended use
of each acre of the property and the specific reasons for the necessity
of acquiring each acre of the property for the purpose of open-space use;
(3) If the agency is seeking to acquire any water rights
appurtenant to the property, a detailed description of the intended
beneficial use of the water rights on the property and the specific
reasons for the necessity of acquiring the water rights; and
(4) The value of the property, plus damages, if any, as
appraised by the agency; and
(b) Attempt to engage in meaningful negotiations with the owner of
the property at least once per calendar month during the period described
in paragraph (a) of subsection 1.
3. As used in this section:
(a) “Agency” means the State of Nevada, any political subdivision
of the State or any other governmental entity that possesses the power of
eminent domain.
(b) “Open-space plan” has the meaning ascribed to it in NRS
376A.010 .
(c) “Open-space use” means the use of property:
(1) To promote the conservation of open space and the
protection of other natural and scenic resources from unreasonable
impairment; or
(2) To protect, conserve or preserve wildlife habitat.
(Added to NRS by 2005, 1786 , 2218 )
No judgment of condemnation shall be entered
unless the court first finds that:
1. The use to which the property is to be applied is a public use.
2. The property is necessary to such public use.
3. If the property is already appropriated to some public use, the
public use to which it is to be applied is a more necessary public use.
[1911 CPA § 667; RL § 5609; NCL § 9156]—(NRS A 1965, 994)
1. If land is required for public use, the person, corporation or
partnership or its agents in charge of the use may survey and locate it.
The land must be located in the manner most compatible with the greatest
public good and the least private injury, and subject to this chapter.
The person, corporation or partnership or its agents may, with the
consent of the owner or under a court order entered pursuant to
subsection 2, enter upon the land and make examinations, surveys and maps
thereof, including soil investigations, test borings and the appraisal
and valuation of the land and any improvements thereon.
2. If the owner or occupant of the land fails or refuses 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 the county
in which the land is situated for an order permitting entry on the land
for those purposes. If the court ascertains, by affidavit or otherwise,
that the person, corporation or partnership in good faith desires to
enter the land for those purposes, the court shall grant an order
permitting that entry, conditioned upon the examination being made at
reasonable times and in such a manner as to cause the least inconvenience
to the owner or occupant of the land.
3. Entry upon land pursuant to this section does not give 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 and
all injuries resulting from negligence, wantonness or malice.
[1911 CPA § 668; RL § 5610; NCL § 9157]—(NRS A 1977, 235; 1989,
548; 1995, 502)
PROCEEDINGS
All
proceedings in all courts brought under this chapter to exercise the
right of eminent domain take precedence over all other causes and actions
not involving the public interest, to the end that all such proceedings
must be quickly heard and determined.
(Added to NRS by 1999, 3533 )
1. All proceedings under this chapter must be brought in the
district court for the county in which the property or a part thereof is
situated. The complaint in such cases must be verified, and the party
instituting any such proceedings shall record with the recorder of each
county in which any of the property is situated a notice of the pendency
of the action.
2. From the time of such recording every purchaser or encumbrancer
whose conveyance or encumbrance is not then recorded or docketed shall be
deemed a subsequent purchaser or encumbrancer and is bound by the
proceedings to the same extent and in the same manner as if he were a
party therein. He may intervene in the manner provided by NRS 37.080
.
[1911 CPA § 669; RL § 5611; NCL § 9158]—(NRS A 1965, 994; 2001,
1749 )
1. The complaint must contain:
(a) The name of the court in which the action is commenced.
(b) The name of the corporation, partnership, association,
commission or person in charge of the public use for which the property
is sought, who must be styled plaintiff.
(c) The names of all owners, occupants and claimants of the
property, if known, or a statement that they are unknown, who must be
styled defendants.
(d) A statement of the right of the plaintiff.
(e) If a right-of-way is sought, the complaint must show the
location, general route and termini, and must be accompanied with a map
thereof, so far as the right-of-way is involved in the action or
proceeding.
(f) A description of each piece of land sought to be taken, and
whether it includes the whole or only part of an entire parcel or tract.
2. All parcels lying in the county and required for the same
public use may be included in the same or separate proceedings, at the
option of the plaintiff, but the court may consolidate or separate them
to suit the conveniences of parties. Each defendant, at his option, may
have a separate trial.
[1911 CPA § 670; RL § 5612; NCL § 9159]—(NRS A 1989, 548; 1991, 456)
A summons shall be served with the complaint
as in civil actions and shall contain a direction that the defendant
appear and answer the complaint within 30 days after service of the
summons and complaint, and a further direction that unless the defendant
so appears and answers, the plaintiff will be entitled to a judgment of
condemnation by default.
(Added to NRS by 1965, 996)
All persons in
occupation of, or having or claiming an interest in, any of the property
described in the complaint, or in the damages for the taking thereof,
though not named, may appear, plead and defend, each in respect to his
own property or interest, or that claimed by him, in like manner as if
named in the complaint.
[1911 CPA § 671; RL § 5613; NCL § 9160]
If the defendant
fails to file his answer within 30 days after service of the summons and
complaint, the clerk shall, upon application of the plaintiff, enter the
defendant’s default, and the defendant shall be deemed to have waived all
defenses and objections to the sufficiency and validity of the complaint
and to the right of plaintiff to condemn the described property for the
purposes stated therein.
(Added to NRS by 1965, 997)
1. Where any defendant has failed to:
(a) Answer within the time allowed, and the clerk has entered his
default; or
(b) Appear at the time set for trial, whether such trial be before
the court with or without a jury, and the court has directed that his
default be entered,
Ê the court shall proceed to conduct a hearing to determine the value of
the property and any damages.
2. For the purpose of the hearing required by this section, 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 the condemnation; and
(c) The amount, if any, alleged in the complaint to be just
compensation, and shall enter such judgment as it deems proper.
(Added to NRS by 1965, 997; A 1967, 814)
The court or judge thereof shall have
power:
1. To determine the places of making connections, crossings,
cattle guards and culverts, and to regulate the manner thereof, and of
enjoying the common use mentioned in subsection 5 of NRS 37.030 .
2. To hear and determine all adverse or conflicting claims to the
property sought to be condemned, and to the damages therefor.
3. To determine the respective rights of different parties asking
condemnation of the same property.
[1911 CPA § 672; RL § 5614; NCL § 9161]—(NRS A 1965, 995)
1. The plaintiff may move the court or a judge thereof at any time
after the commencement of suit, on notice for such time as the court or
judge may direct to the defendant if he is a resident of the county or
has appeared in the action, otherwise by serving a notice directed to him
on the clerk of the court, for an order permitting the plaintiff to
occupy the premises sought to be condemned, pending the entry of
judgment, and to do such work thereon as may be required for the
easement, fee, or property rights sought, according to its nature.
2. The court or judge shall take proof, by affidavit or otherwise,
of the value of the premises sought to be condemned, the damages which
will accrue from the condemnation and the reasons for requiring a speedy
occupation, and shall grant or refuse the motion according to the equity
of the case and the relative damages which may accrue to the parties.
3. If the motion is granted, the court or judge shall require 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 fixed
by the court or judge, not less than double the value of the premises
sought to be 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, and conditioned to pay the adjudged value of the premises
and all damages if the property is condemned, and to pay all damages
arising from occupation before judgment if the premises are not
condemned, and all costs adjudged to the defendant in the action. The
sureties shall justify before the court or judge, after a reasonable
notice to the defendant of the time and place of justification.
4. In lieu of a bond the plaintiff, with the consent of the court,
may deposit with the clerk of the court a sum equal to the value of the
premises plus damages, as appraised by the plaintiff. Upon application of
the defendant and upon notice to all parties, the court or judge may
order the money deposited with the clerk of the court or any part thereof
to be paid to the defendant. If the amount of the compensation awarded
upon judgment is less than the sum deposited and paid to the defendant,
the court shall enter judgment in favor of the plaintiff and against the
defendant for the amount of the excess. Application by the defendant to
the court for withdrawal of part or all of the money deposited and the
payment of that money to the defendant does not prejudice the right of
the defendant to contest the amount of compensation to be finally
awarded. The receipt by the defendant of a part or all of the money
deposited must be conditioned upon the waiver of all defenses except
those relating to the amount of compensation.
5. The amount of the penal bond or the deposit is for the purpose
of the motion only and is not admissible in evidence on final hearing.
6. The court or judge may also restrain the defendant from
hindering or interfering with the occupation of the premises and the
doing thereon of the work required for the easement, fee, or property
rights.
7. The provisions of this section requiring the execution and
filing of a bond do not apply in any action or proceeding in which the
State of Nevada is the plaintiff, but the public faith and credit of the
State of Nevada, is hereby pledged as security in lieu of the bond. The
provisions of this subsection do not prevent the State of Nevada from
depositing, in lieu of a pledge of the public faith and credit, with the
clerk of the court a sum equal to the value of the premises plus any
damages as appraised 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)
The court,
jury, commissioners or master must hear such legal testimony as may be
offered by any of the parties to the proceedings, and thereupon must
ascertain and assess:
1. The value of the property sought to be condemned and all
improvements thereon pertaining to the realty, and of each and every
separate estate or interest therein; if it consists of different parcels,
the value of each parcel and of each estate or interest therein shall be
separately assessed.
2. If the property sought to be condemned constitutes only a part
of a large parcel, the damages which will accrue to the portion not
sought to be condemned, by reason of its severance from the portion
sought to be condemned, and the construction of the improvement in the
manner proposed by the plaintiff.
3. If the property, though no part thereof is taken, will be
damaged by the construction of the proposed improvement, the amount of
such damages.
4. Separately, how much the portion not sought to be condemned,
and each estate or interest therein, will be benefited, if at all, by the
construction of the improvement proposed by the plaintiff; and if the
benefit shall be equal to the damages assessed, under subsection 2 of
this section, the owner of the parcel shall be allowed no compensation
except the value of the portion taken; but if the benefit shall be less
than the damages so assessed, the former shall be deducted from the
latter, and the remainder shall be the only damages allowed in addition
to the value of the portion taken.
5. If the property sought to be condemned be for a railroad, the
cost of good and sufficient fences along the line of such railroad
between such railroad and other adjoining lands of the defendant; and the
costs of cattle guards where fences may cross the line of such railroads.
Ê As far as practicable, compensation must be assessed for each source of
damages separately.
[1911 CPA § 674; RL § 5616; NCL § 9163]
1. In addition to any amount of compensation determined pursuant
to NRS 37.110 , the owner of a business
conducted on property that is acquired pursuant to this chapter must be
compensated for loss of goodwill if:
(a) The condemnation causes the business to be dissolved and the
business cannot be relocated for reasons beyond the control of the owner,
including, without limitation, the unavailability of a new franchise or
when the value of the business is inextricably tied to the unique
location of the property being condemned; and
(b) The owner of the business has a property interest in the
property acquired pursuant to this chapter.
2. As used in this section, “goodwill” means the component of
value attributed to the reputation, loyal customer base, ability to
attract new customers and location of a business. The term does not
include the loss of anticipated profits or loss of business opportunity.
(Added to NRS by 2005, 1787 )
1. Except as otherwise provided in subsection 2, if the property
is subject to condemnation as a result of a public work or public
improvement, any decrease or increase in the fair market value of the
property before the date of valuation which is caused by:
(a) The public work or public improvement for which the property is
acquired; or
(b) The likelihood that the property would be acquired for such a
purpose,
Ê must be disregarded when assessing the value of the property pursuant
to NRS 37.110 .
2. Any decrease or increase in the fair market value of the
property before the date of valuation resulting from physical
deterioration within the reasonable control of the owner is not required
to be disregarded pursuant to subsection 1.
(Added to NRS by 1993, 525)
Where there are two or more estates or divided
interests property sought to be condemned, the plaintiff is entitled to
have the amount of the award for such property first determined as
between plaintiff and all defendants claiming any interest therein. The
respective rights of such defendants in and to such award shall be
determined by the court, jury, or master in a later and separate hearing
in the same proceeding and the amount apportioned by order accordingly.
(Added to NRS by 1965, 997; A 1967, 815)
1. To assess compensation and damages as provided in NRS 37.110
, the date of the first service of the
summons is the date of valuation, except that, if the action is not tried
within 2 years after the date of the first service of the summons, and
the court makes a written finding that the delay is caused primarily by
the plaintiff 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 a new trial is ordered by a court, the date of valuation
used in the new trial must be the date of valuation used in the original
trial.
2. No improvements put upon the property after the date of the
service of the summons may be included in the assessment of compensation
or damages, regardless of the date of valuation.
3. As used in this section, “primarily” means the greater amount,
quantity or quality of acts of the plaintiff or the defendant or, if
there is more than one defendant, the total delay caused by all the
defendants, that would cause the date of the trial to be continued past 2
years after 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 )
If the title attempted to be acquired is found to be
defective from any cause, the plaintiff may again institute proceedings
to acquire the same as in this chapter prescribed.
[1911 CPA § 676; RL § 5618; NCL § 9165]
The plaintiff must, within 30 days after final
judgment, pay the sum of money assessed. If the plaintiff is a railroad
company, it shall also execute to the defendant a bond, with sureties to
be determined and approved by the court or judge, conditioned that the
plaintiff shall build proper fences through any enclosed field before
commencing actual construction. In an action on the bond all damages
sustained and the cost of the construction of such fences and cattle
guards, with a reasonable attorney fee, to be fixed by the court, may be
recovered.
[1911 CPA § 677; RL § 5619; NCL § 9166]
The award shall be deposited in court for defendants
and be distributed to those entitled thereto. If the award be not so
deposited, the defendants may have execution as in civil cases; and if
the award cannot be made on execution, the court, upon showing to that
effect, must set aside and annul the entire proceedings, and restore
possession of the property to the defendants, if possession has been
taken by the plaintiff.
[1911 CPA § 678; RL § 5620; NCL § 9167]—(NRS A 1965, 995)
When the award has been deposited as
required by NRS 37.150 and the bond
given, if required by NRS 37.140 , the
court shall enter a final order of condemnation describing the property
condemned and the purpose of such condemnation. A copy of the order shall
be recorded in the office of the recorder of the county, and thereupon
the title to the property described therein shall vest in the plaintiff
for the purpose therein specified, except that when the State is the
plaintiff, the property shall vest in the State for any public use.
[1911 CPA § 679; RL § 5621; NCL § 9168]—(NRS A 1965, 995; 1967, 815)
1. At any time after the entry of judgment, or pending an appeal
by either party from the judgment to the Supreme Court, whenever the
plaintiff has paid into court for the defendant the full amount of the
judgment, and such further sum as may be required by the court as a fund
to pay any further damages and costs that may be recovered in the
proceedings, as well as all damages that may be sustained by the
defendant, if for any cause the property is not finally taken for public
use, the plaintiff, if already in possession, may continue therein, and
if not, the court shall, upon motion of the plaintiff, authorize the
plaintiff to take possession of and use the property during the pendency
of and until the final conclusion of the litigation, and shall, if
necessary, stay all actions and proceedings against the plaintiff on
account thereof. The plaintiff must not be held to have abandoned or
waived the right to appeal from the judgment by paying into court the
amount of the judgment and such further sum as may be required by the
court and taking possession of the property pursuant to this subsection.
2. The defendant, who is entitled to the money paid into court for
him upon any judgment, is entitled to demand and receive that money at
any time after obtaining an order therefor from the court. The court or
judge thereof shall, upon application being made by the defendant and
notice to all parties, order and direct that the money so paid into court
be delivered to the defendant upon his filing a satisfaction of the
judgment, or upon his filing a receipt for the money and an abandonment
of all defenses to the action or proceeding, except as to the amount of
damages that he may be entitled to if a new trial is granted. A payment
to a defendant pursuant to this subsection shall be deemed to be an
abandonment by that defendant of all defenses interposed by him,
excepting his claim for greater compensation.
3. If the amount of the compensation awarded upon final judgment
exceeds the sum paid into court, the court shall enter judgment against
the plaintiff and in favor of the defendant for the amount of the excess
plus interest. If the amount of the compensation awarded upon final
judgment is less than the sum paid into court and paid to the defendant,
the court shall enter judgment in favor of the plaintiff and against the
defendant for 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)
1. Except as otherwise provided in this section, the plaintiff
shall pay interest on the final judgment on the difference between the
amount deposited pursuant to NRS 37.100
or 37.170 and the sum of the amount
awarded for the taking and any damages awarded for the severance of the
property, excluding costs and attorney’s fees, from the date of the first
service of the summons until the date the judgment is satisfied, at the
rate provided in NRS 17.130 .
2. The plaintiff is not required to pay interest on any amount
deposited pursuant to the provisions of NRS 37.100 or 37.170 .
3. No interest is required to be paid for the period from the date
of a trial which is continued past 2 years after the date of the first
service of the summons, until the date of entry of judgment, if the
continuance was caused primarily by the defendant or, if there is more
than one defendant, the total delay caused by all the defendants. As used
in this subsection, “primarily” means the greater amount, quantity or
quality of acts of the plaintiff or the defendant or, if there is more
than one defendant, the total delay caused by all defendants, that would
cause the trial to be continued 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 )
1. The plaintiff may abandon the proceedings at any time after
filing the complaint and before the expiration of 30 days after final
judgment by serving on defendants and filing in court a written notice of
abandonment. Upon that abandonment, on motion of any party, a judgment
must be entered dismissing the proceedings and awarding the defendants
their costs and disbursements, which must include all necessary expenses
incurred in preparing for trial and reasonable attorney fees. Those costs
and disbursements may be claimed in and by a cost bill, to be prepared,
served, filed and taxed as in civil actions, except that, upon a judgment
of dismissal on motion of the plaintiff, any defendant may file a cost
bill within 30 days after notice of entry of that judgment.
2. If the plaintiff has been placed in possession of the premises
under the provisions of NRS 37.100 or
37.170 , the defendant is entitled 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)
Costs may be
allowed or not, and if allowed may include a maximum of $350 for
appraisal reports used at the trial and $150 for fees of expert witnesses
who testify at the trial, and may be apportioned between the parties on
the same or adverse sides, in the discretion of the court.
[1911 CPA § 681; RL § 5623; NCL § 9170]—(NRS A 1969, 436; 1973,
153; 1989, 636)
Except as otherwise provided in
this chapter, the provisions of NRS, Nevada Rules of Civil Procedure and
Nevada Rules of Appellate Procedure relative to civil actions, new trials
and appeals shall be applicable to and constitute the rules of practice
in the proceedings in this chapter.
[1911 CPA § 682; RL § 5624; NCL § 9171]
MISCELLANEOUS PROVISIONS
Nothing in
this chapter shall be construed to abrogate or repeal any statute
provided for the taking of property in any city, town or county for
street or highway purposes.
[1911 CPA § 683; RL § 5625; NCL § 9172]
A party
obtaining a right-of-way shall, without delay, construct such crossings
and culverts as may be required by the court or judge, and shall keep
them and the way itself in good repair.
[1911 CPA § 684; RL § 5626; NCL § 9173]
Any company
incorporated under the laws of this state, or constructing or operating a
railway in this state, in addition to other rights conferred, shall have
power:
1. To enter, by its servants, upon the real property of any
person, for the purpose of selecting an advantageous route for its main
line or any branch thereof, or for the purpose of relocating its line,
subject to responsibility for all damages resulting therefrom.
2. To acquire by purchase, donation or otherwise, all such real
and personal property as may be necessary for, or may be given to aid or
encourage the construction and maintenance of its railroad and for its
buildings and yards.
3. To condemn, in the manner provided by law, a right-of-way with
such additional lands as may be necessary for depot grounds or for the
purpose of constructing necessary embankments, excavations, ditches,
drains and culverts.
4. To cross natural or artificial streams or bodies of water,
streets, highways or railroads which its road may intersect, and in such
manner as to afford security for life and property and subject to the
duty of immediately restoring such course or body of water, street,
highway, or railway to its former condition, as nearly as may be.
5. To cross, intersect, join or unite its railroad with any other
railroad, either before or after the construction, at any point upon its
route, and upon the grounds of such other railroad corporation, with the
necessary turnouts, sidings and switches, and other conveniences in
furtherance of the objects of its connections, and every corporation
whose railroad is or shall be hereafter intersected by any new railroad,
shall unite with the owners of such new railroad in forming such
intersections and connections, and grant facilities therefor.
6. To construct and operate spurs or branch lines of railroad
connecting with the main line or any branch thereof, not to exceed 5
miles in length each, though such spurs or branch lines be not named or
described in the articles of incorporation, and to relocate any section
or sections of its lines between the principal termini, with the same
powers as in the case of original or first locations.
[1911 CPA § 685; RL § 5627; NCL § 9174]
Any
railroad company whose right-of-way, or whose track or roadbed upon such
right-of-way passes through any canyon, pass or defile, shall not prevent
any other railroad company from the use or occupancy of such canyon, pass
or defile for the purposes of its road, in common with the road first
located, or the crossing of other railroads at grade; and the location of
such right-of-way through any canyon, pass or defile shall not cause the
disuse of any public highway now located therein, nor prevent the
location through the same of any such 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 the passage of such
railroad through any canyon, pass or defile, the railroad company shall,
before entering upon the ground occupied by such highway, cause the 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
be equitably divided between any number of railroad companies occupying
and using the same canyon, pass or defile.
[1911 CPA § 686; RL § 5628; NCL § 9175]
The right of eminent
domain is hereby granted to nonresident or foreign corporations or
partnerships which are now organized or may be organized under the laws
of another state or territory, or under any act of Congress, and upon the
same terms and conditions as any resident citizen, domestic corporation
or partnership. Before any corporation or partnership organized or
incorporated otherwise than under the laws of this state is entitled to
any of the rights granted by this chapter, it must first comply with all
laws of this state prescribing the conditions in which the corporation or
partnership may be authorized to do business within the State or within
any county of the State in which it seeks to exercise the right of
eminent domain.
[1911 CPA § 687; RL § 5629; NCL § 9176]—(NRS A 1989, 549)
1. Any real property, interest therein or improvement thereon
which has been acquired in accordance with the provisions of this chapter
or purchased under the threat of eminent domain proceedings by an
association, commission, corporation, partnership or political
subdivision other than a county or incorporated city may be disposed of
as surplus by that entity only in accordance with the provisions of this
section.
2. The governing body of the entity desiring to dispose of the
property must first adopt a resolution declaring that the property is no
longer required for the purposes for which it was acquired or for other
reasonable public use.
3. The property, interest or improvement must be sold by the
entity to the highest bidder bidding for the property, either at public
auction or by sealed bids, the notice and terms of which must be
published in a newspaper of general circulation in the county where the
property is situated at least once not less than 15 nor more than 45 days
before the sale. When, in the opinion of the governing body of the
entity, the property cannot be sold by means of public auction or sealed
bids without working an undue hardship upon a property owner either as a
result of a severance of that owner’s property or a denial of access to a
public street or highway, the governing body may first offer the property
to that owner at a price determined by the governing body to be in the
best interest of the corporation, partnership, association, commission or
political subdivision.
4. It is conclusively presumed in favor of any purchaser for value
and without notice of any such real property, interest therein or
improvement thereon conveyed pursuant to this section that the entity
disposing of it acted within its lawful authority in acquiring and
disposing of the property, and that the officers thereof acted within
their lawful authority in executing any conveyance vesting title in the
purchaser. All such conveyances must be quitclaim in nature and must not
carry any warranty of title.
(Added to NRS by 1969, 1052; A 1981, 988; 1989, 549)
[Effective
through June 30, 2007.]
1. Except as otherwise provided in subsection 2, notwithstanding
any other provision of law, if the State of Nevada, any political
subdivision of the State or other governmental entity that has acquired
property pursuant to the provisions of this chapter:
(a) Fails to use the property for the public purpose for which it
was acquired; and
(b) Seeks to convey the right, title or interest in all or part of
that property to any person,
Ê within 15 years after the property is acquired, the person from whom
the property was acquired or his successor in interest must be granted
the right of first refusal to purchase the right, title or interest in
the property sought to be conveyed for fair market value which shall be
deemed to be an amount which does not exceed the proportional amount paid
by the State, political subdivision or other 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 the request of
the owner of the property.
(Added to NRS by 2005, 1787 ; A 2005, 2219 )
[Effective July 1,
2007.] Notwithstanding any other provision of law, if the State of
Nevada, any political subdivision of the State or other governmental
entity that has acquired property pursuant to the provisions of this
chapter:
1. Fails to use the property for the public purpose for which it
was acquired; and
2. Seeks to convey the right, title or interest in all or part of
that property to any person,
Ê within 15 years after the property is acquired, the person from whom
the property was acquired or his successor in interest must be granted
the right of first refusal to purchase the right, title or interest in
the property sought to be conveyed for fair market value which shall be
deemed to be an amount which does not exceed the proportional amount paid
by the State, political subdivision or other governmental entity for the
acquisition of the property.
(Added to NRS by 2005, 1787 ; A 2005, 2219 , effective July 1, 2007)
