USA Statutes : nevada
Title : Title 28 - PUBLIC WORKS AND PLANNING
Chapter : CHAPTER 340 - EMINENT DOMAIN: EXPEDITIOUS PROCEDURE
This chapter may be referred to as the
Public Works Eminent Domain Law.
[1:135:1935; 1931 NCL § 6179.21]
1. It is hereby declared:
(a) That widespread unemployment exists throughout the State,
making it impossible for many people in the State to support themselves
and their families.
(b) That these conditions create a public emergency and constitute
a menace to the health, safety, morals and welfare of the people of the
State.
(c) That it is essential that public works projects, financed in
whole or in part by the United States of America or by the State, be
commenced as soon as possible in order to reduce and relieve this
unemployment and prevent irreparable injury to the people of the State.
(d) That to this end it is necessary to provide a method for the
expeditious acquisition of any lands necessary for such public works
projects.
(e) That such public works projects are hereby declared to be in
furtherance of the public welfare and to be public uses and purposes for
which public money may be spent and private property acquired.
(f) That the necessity in the public interest for the provisions
enacted in this chapter is hereby declared as a matter of legislative
determination.
2. Without limitation upon the generality of subsection 1, it is
hereby declared:
(a) That insanitary or unsafe dwelling accommodations exist in
various areas of the State and that consequently many persons of low
income are forced to reside therein.
(b) That these conditions cause an increase in and spread of
disease and crime, constitute a menace to the health, safety, morals and
welfare of the citizens of the State, impair economic values, and are not
being, and cannot within a reasonable time be, corrected by the
investment of private capital available for profit-making enterprises.
(c) That the clearance, replanning and reconstruction of the areas
in which insanitary or unsafe housing conditions exist and the provision
of safe and sanitary dwelling accommodations for persons of low income
are public uses and purposes for which private property may be acquired.
[2:135:1935; 1931 NCL § 6179.22]
The following terms whenever used or
referred to in this chapter shall have the following respective meanings,
unless a different meaning clearly appears from the context:
1. “Authorized corporation” means any corporation or association
engaged or about to engage in any public works project, as herein
defined, for a public use; but the construction of the public works
project and its conduct thereafter by the corporation or association
shall be subject to regulation or supervision by a federal agency, as
herein defined, or a state public body, as herein defined, whether by
virtue of an agreement, provision of law or otherwise.
2. “Court” means the court in which jurisdiction over proceedings
hereunder is vested by the provisions of NRS 340.040 .
3. “Federal agency” means the United States of America, or any
agency or instrumentality, corporate or otherwise, of the United States
of America.
4. “Petitioner” means the one by whom proceedings for the
acquisition of real property, as herein defined, are instituted hereunder
pursuant to the provisions of NRS 340.040 .
5. “Public works project” means any work or undertaking which is
financed in whole or in part by a federal agency, as herein defined, or
by a state public body, as herein defined.
6. “Real property” or “property” or “lands” includes all lands,
including improvements and fixtures thereon, lands under water, all
easements and hereditaments, corporeal or incorporeal, and every estate,
interest and right, legal or equitable, in lands or water, and all
rights, interests, privileges, easements, encumbrances, and franchises
relating to the same, including terms for years and liens by way of
judgment, mortgage or otherwise.
7. “State public body” means this State or any county, city, town,
municipal corporation, authority, or any other subdivision, agency or
instrumentality, corporate or otherwise, thereof.
[3:135:1935; 1931 NCL § 6179.23]
1. Any federal agency, state public body or authorized corporation
may institute proceedings under this chapter for the acquisition of any
real property necessary for any public works project.
2. Such proceedings may be instituted in the district court in any
county in which any part of the real property or of the proposed public
works project is situate. The court shall cause the proceedings to be
heard and determined without delay. All condemnation proceedings shall be
preferred cases, and shall be entitled to precedence over all other civil
cases.
3. The petitioner may enter upon the land proposed to be acquired
for the purpose of making a survey and of posting any notice thereon
which is required by this chapter; but such survey and posting of notice
shall be done in such manner as will cause the least possible
inconvenience to the owners of the real property.
[4:135:1935; 1931 NCL § 6179.24]
A proceeding may be instituted
under this chapter by the filing of a petition which shall be sufficient
if it sets forth:
1. The name of the petitioner.
2. A description of the property, sufficient for the
identification thereof, to which there may be attached a plat or map
thereof.
3. A statement that the acquisition of such property by the
petitioner is necessary for a public works project and a brief general
description of the public works project.
4. A statement that the proceedings are being instituted under
this chapter.
5. A suitable prayer for relief.
[5:135:1935; 1931 NCL § 6179.25]
Any number of parcels
of land, whether owned by the same or different persons and whether
contiguous or not, may be included and condemned in one proceeding if
such parcels are to be used for a single public works project.
[6:135:1935; 1931 NCL § 6179.26]
1. Notice of such proceedings shall be given by one publication in
a newspaper having a general circulation in each county in which any part
of the property sought to be condemned is located. Such publication shall
be at least 20 days and not more than 30 days prior to the date set for
the hearing on the validity of the proceedings.
2. Such notice shall be in substantially the following form (the
blanks being appropriately filled):
To Whom It May Concern:
Notice is hereby given that ................ (here insert name of
petitioner) has filed a petition in the above court under the Public
Works Eminent Domain Law to acquire by condemnation for ................
(here give brief general description of the public works project for
which the land is sought to be acquired) the following-described land:
(Here describe the land sufficiently for the identification thereof. Such
description may be by use of a plat or map.)
Notice is further given that on ................ (here insert date
of hearing, which must be at least 20 days and not more than 30 days
after the date of publication) there will be a hearing in this court, at
the opening thereof, for:
(a) Determining the validity of the proceedings and the right of
the petitioner, if it so elects, to take title to and possession of such
property prior to final judgment, as authorized by NRS 340.160 , and any persons having any interest in or
lien upon the above-described property shall be deemed to have waived
their rights thereafter to object to the court’s decision with respect to
such issues, unless prior to the date they shall have filed in writing
with the clerk of the court their objections thereto.
(b) The appointment of a special master to determine the
compensation to be awarded for such property and the persons entitled
thereto.
(c) The fixing of the date and place at which the special master
shall hear and determine the compensation to be paid for such property
and the person entitled thereto.
Notice is further given that all claims or demands for compensation
because of the taking and condemnation of such property must be filed
with the above court before ................ (here insert a date 15 days
after the date above specified for the court hearing), or the same shall
be deemed waived.
Dated the ........ day of ................ A.D. .........
.......................................................................
Clerk of the court.
3. Notice of such proceedings shall also be given:
(a) By posting a copy of the notice designated in subsection 2 in
conspicuous places on the real property sought to be condemned.
(b) By filing a copy thereof in the office of the clerk of the
court in which such proceedings are pending.
(c) By filing a copy thereof in the proper office or offices for
the filing of lis pendens in each county in which any part of the real
property is situated.
4. Such publication, posting and filing shall constitute a legal
and sufficient notice to all persons having any interest in or lien upon
the property described in the notice. The filing of such notice in the
county office shall also be a constructive notice of the proceeding to
any person who subsequently acquires any interest in or lien upon the
property, and the petitioner shall take all property condemned under this
chapter free of the claims of any such person.
[7:135:1935; 1931 NCL § 6179.27]
1. All persons who have not filed written objections with the
court prior to the time of the hearing specified in the notice prescribed
by NRS 340.070 , shall be deemed to have
waived the right to file objections as to the sufficiency and validity of
the petition, the proceedings and the relief sought thereby, and as to
the right of the petitioner to take title and possession prior to final
judgment, as authorized by NRS 340.160 .
2. The court, at the time specified in the notice, after hearing
and determining all issues of fact and law raised by the objections which
have been filed, if any there be, shall enter a final judgment with
respect to such issues, and thereafter there shall remain for
determination only the amount of the compensation to be paid and the
persons entitled thereto.
3. If any infant or other person under a legal disability shall
not have appeared in the proceedings by his duly authorized legal
representative, the court shall appoint a guardian ad litem to represent
such person’s interest in the proceedings before the special master.
[8:135:1935; 1931 NCL § 6179.28]
1. The court, at the time of the hearing, shall appoint a special
master to fix the amount of damages and compensation for the taking and
condemnation of the property described in the petition and the persons
entitled thereto, and to report thereon to the court. The special master
shall be a disinterested person not related to anyone having an interest
in or lien upon the property sought to be condemned. The compensation of
the special master shall not exceed $15 per day plus travel and
subsistence expenses.
2. The special master immediately after his appointment shall
subscribe to an oath that to the best of his ability he will truly find
and return the compensation for the taking and condemnation of the
property and the persons entitled thereto.
[9:135:1935; 1931 NCL § 6179.29]
1. Immediately after his appointment and taking of oath, the
special master shall cause notice to be sent by registered or certified
mail to all persons who have appeared in the proceedings or to their
attorneys of record and to all others having any interest in or lien upon
the property sought to be condemned, as shown by the record of the proper
county office or offices for the recording of documents pertaining to
such real property, and to all guardians ad litem appointed pursuant to
the provisions of NRS 340.080 , such
notice to be addressed to such persons at their respective last known
addresses.
2. The notice shall be substantially in the following form (with
the blanks appropriately filled):
In The District Court For The County Of ................
To Whom It May Concern:
Notice is hereby given that ......................... (here insert
name of petitioner) has filed a petition in the above court under the
Public Works Eminent Domain Law to acquire by condemnation for
......................... (here give brief general description of the
public works project for which the land is sought to be acquired), the
following-described land: (Here describe the land sufficiently for the
identification thereof. Such description may be by use of plat or map).
All persons having an interest in or lien upon the above-described
property, for which compensation will be demanded, are hereby notified
that all claims or demands for compensation by reason of the taking and
condemnation of such property shall be filed in writing with the court
before ......................... (here insert date at least 15 days after
the date set for the court hearing in the notice specified in NRS 340.070
), and shall be deemed waived unless so
filed, and that on ......................... a hearing will be held by
the special master at ......................... (insert time and place
fixed by the court for such hearing in blanks) with respect to:
(a) The amount of compensation to be paid for the property sought
to be condemned.
(b) The persons entitled to such compensation.
Dated the ........ day of ................ A.D.........
.......................................................................
Special master appointed by the court.
3. The special master shall also cause a copy of the notice to be
posted in conspicuous places on the property sought to be condemned.
4. After such notice by mailing and posting, the special master,
on the date for hearing specified in the notice, shall proceed
immediately to hear and determine the question of just compensation for
the taking and condemnation of the property and the persons entitled to
such compensation. To this end, the special master may issue subpoenas,
administer oaths to witnesses, and receive evidence and cause same to be
recorded.
[10:135:1935; 1931 NCL § 6179.30]—(NRS A 1969, 95)
1. For the purpose of determining the value of the land sought to
be condemned and fixing just compensation therefor, the following
evidence (in addition to other evidence which is relevant, material and
competent) shall be relevant, material and competent, and shall be
admitted and considered by the special master:
(a) Evidence that a building or improvement is unsafe or insanitary
or a public nuisance, or is in a state of disrepair, and of the cost to
correct any such condition, notwithstanding that no action has been taken
by local authorities to remedy any such condition.
(b) Evidence that any state public body, charged with the duty of
abating or requiring the correction of nuisances or like conditions or
demolishing unsafe or insanitary structures, issued an order directing
the abatement or correction of any conditions existing with respect to
the building or improvement, or the demolition of the building or
improvement, and of the cost which compliance with any such order would
entail.
(c) Evidence of the last assessed valuation of the property for
purposes of taxation, and of any affidavits or tax returns made by the
owner in connection with such assessment which state the value of such
property, and of any income tax returns of the owner showing sums
deducted on account of obsolescence or depreciation of such property.
(d) Evidence that such buildings and improvements are being used
for illegal purposes or are being so overcrowded as to be dangerous or
injurious to the health, safety, morals or welfare of the occupants
thereof, and the extent to which the rentals therefrom are enhanced by
reason of such use.
(e) Evidence of the price and other terms upon any sale or the rent
reserved and other terms of any lease or tenancy relating to such
property or to any similar property in the vicinity when the sale or
leasing occurred or the tenancy existed within a reasonable time of the
hearing.
2. The award of compensation shall not be increased by reason of
any increase in the value of the property resulting from the public works
project to be placed thereon.
3. No allowance shall be made for improvements begun on property
after the publication of the notice specified in NRS 340.070 , except upon good cause being shown.
[11:135:1935; 1931 NCL § 6179.31]
The report of the special
master must be filed with the clerk of the court in which the proceeding
is pending within 30 days after the date of the taking of the oath,
unless further time is granted by the court. The court shall grant
additional time for the filing of the report only on a showing that the
report cannot, with all due diligence, be prepared within the time fixed.
[12:135:1935; 1931 NCL § 6179.32]
Upon the filing of such report by
the special master, the court, without delay, shall fix a date for the
hearing of any objections filed thereto. Notice that the report has been
filed, that all objections thereto must be filed with the court within 10
days after the date of the mailing of such notice, and that the court has
fixed a certain date (which shall be stated therein) for the hearing of
such objections, shall be given by sending a copy of such notice by
registered or certified mail to all persons who have appeared in the
proceeding or their attorneys of record at their last known addresses.
Upon the expiration of 10 days after the mailing of such notice, all
objections to the report shall be deemed waived by all persons who have
not filed written objections with the court.
[13:135:1935; 1931 NCL § 6179.33]—(NRS A 1969, 95)
1. If no objections are filed to the special master’s report, the
court (but only on motion of the petitioner unless title to the property
has vested in the petitioner) shall enter a final judgment fixing the
compensation to be paid for the property and the persons entitled to such
compensation.
2. If any objections are filed to the special master’s report, the
court on the date specified in the order shall hear and determine such
questions of law and fact as are raised by such exceptions and may
approve, disapprove or modify the special master’s findings or may reject
the special master’s report in toto.
3. If the special master’s report is rejected in toto, the court
shall at once appoint another special master in the same manner that the
first special master was appointed, and such special master shall have
the same powers and duties as the special master first appointed, except
that notice of the time for filing claims and of the hearing of the
special master may be given by registered or certified mail to all
persons who have appeared in the proceedings or their attorneys of record
at their last known addresses, and no other notice shall be necessary.
4. If the court shall approve the special master’s report, with or
without modifications, the court (but only on motion of the petitioner
unless title to the property has previously vested in the petitioner)
shall enter a final judgment, fixing the compensation to be paid for such
property and the persons entitled to such compensation.
5. If title to the property has not previously been vested in the
petitioner, the title and right to possession of the property shall vest
in the petitioner immediately upon the entry of such final judgment and
upon the deposit in court by the petitioner of the amount of the judgment
fixed by the court as the compensation for such property. Upon the entry
of such judgment and the vesting of title aforesaid, the court shall
designate the day (not exceeding 30 days thereafter, except upon good
cause shown) on which the parties in possession of the property shall be
required to surrender possession to the petitioner.
[14:135:1935; 1931 NCL § 6179.34]—(NRS A 1969, 95)
Upon the rendition of the
final judgment vesting title in the petitioner, the clerk of the court
shall make and certify, under the seal of the court, a copy or copies of
such judgment, which shall be filed or recorded in the proper county
office or offices for the recording of documents pertaining to the real
property described therein, and such filing or recording shall constitute
notice to all persons of the contents thereof.
[15:135:1935; 1931 NCL § 6179.35]—(NRS A 1971, 806)
1. At any time at or after the filing of the petition referred to
in NRS 340.050 , and before the entry of
final judgment, the petitioner may file with the clerk of the court a
declaration of taking, signed by the authorized officer or agent of the
petitioner, declaring that all or any part of the property described in
the petition is to be taken for the use of the petitioner.
2. The declaration of taking is sufficient if it sets forth:
(a) A description sufficient to identify the property. The
description may include a plat or map of the property.
(b) A statement of the estate or interest in the property being
taken.
(c) A statement of the sum of money estimated by the petitioner to
be just compensation for the property taken.
3. Upon the filing of the declaration of taking and the deposit in
court, to the use of the persons entitled thereto, of the amount of the
estimated compensation stated in the declaration, title to the property
specified in the declaration vests in the petitioner, the property shall
be deemed to be condemned and taken for the use of the petitioner and the
right to just compensation for the taking of that property vests in the
persons entitled thereto. Upon the filing of the declaration of taking,
the court shall designate a day, not exceeding 30 days after the filing,
except upon good cause shown, on which the parties in possession are
required to surrender possession to the petitioner. If the petitioner is
an authorized corporation, the court, before directing surrender of
possession to the petitioner, shall require such security to be given, in
addition to the amount deposited in court, as will reasonably assure the
payment of any amount ultimately determined as the compensation to be
paid.
4. The ultimate amount of compensation must be fixed pursuant to
the provisions of this chapter. If the amount so fixed exceeds the amount
so deposited in court by the petitioner, the court shall enter judgment
against the petitioner in the amount of the deficiency, together with
interest at the rate of 6 percent per annum on the deficiency from the
date of the vesting of title to the date of the entry of the final
judgment, subject to abatement for use, income, rents or profits derived
from that property by the owner thereof subsequent to the vesting of
title in the petitioner, and the court shall order the petitioner to
deposit the amount of the deficiency in court.
[16:135:1935; 1931 NCL § 6179.36]—(NRS A 1973, 153; 1989, 632)
At any time
before the vesting of title to the property in the petitioner, the
petitioner may withdraw or dismiss its petition with respect to any or
all of the property therein described.
[17:135:1935; 1931 NCL § 6179.37]—(NRS A 1973, 154; 1989, 633)
Upon vesting of title to
any property in the petitioner, all the right, title and interest of all
persons having any interest therein or lien thereupon shall be divested
immediately, and such persons thereafter shall be entitled only to
receive compensation for such property.
[18:135:1935; 1931 NCL § 6179.38]
1. The payment into court by the petitioner of the amount of any
award or the deposit in court of the amount estimated by the petitioner
to be the just compensation for the property taken or condemned, shall be
deemed to be a payment or deposit of money for the use of the persons
entitled thereto.
2. Such payment or deposit shall constitute a payment to the
persons entitled thereto to the extent of the moneys so paid or deposited
into court.
3. Any such payment shall be as valid and effectual in all
respects as if it were made by the petitioner directly to the person
entitled thereto or, in the case of a person under legal disability, to
his guardian, whether or not:
(a) Such person or his whereabouts is known or unknown;
(b) Such person is under a legal disability; or
(c) There are adverse or conflicting claims to such awards.
4. The money paid into court shall be secured in such manner as
may be directed by the court, and shall be paid out by the special master
to the persons found to be entitled thereto by the final judgment of the
court.
[19:135:1935; 1931 NCL § 6179.39]
If an award shall be paid to a
person not entitled thereto, the sole recourse of the person to whom it
should have been paid shall be against the person to whom it shall have
been paid. In such event the person entitled to the award may sue for and
recover the same, with lawful interest and costs of suit, as such money
had and received to his use by the person to whom the same shall have
been paid.
[20:135:1935; 1931 NCL § 6179.40]
1. Any time within 30 days from the filing of any interlocutory or
final order or judgment by the court, any person or persons of record in
the proceedings, who shall have filed exceptions at any stage of the
proceedings within the time and in the manner specified, may appeal
therefrom, but only with respect to those questions or issues which were
raised by such exceptions.
2. The taking of an appeal shall not operate to stay the
proceedings under this chapter except when the person or persons
appealing shall have obtained a stay of the execution of the judgment or
order appealed from, in which event the proceedings shall be stayed only
with respect to the person or persons appealing and their respective
interests in the proceedings. Upon the taking of an appeal the
proceedings shall be deemed severed as to the person or persons appealing
and their respective interests in the proceeding.
3. Any interlocutory or final order or judgment shall be final and
conclusive upon all persons affected thereby who have not appealed within
the time herein prescribed.
4. Any petitioner, other than an authorized corporation, may
appeal without giving bond; but any other person or persons appealing
shall give bond, with good and sufficient surety, to be approved by the
court, conditioned to pay all costs taxed against appellant on such
appeal.
[21:135:1935; 1931 NCL § 6179.41]
If the petitioner, prior to the making of the
award, shall have tendered to an interested person for his property or
deposited in court for such property an amount which such interested
person refused to accept or agree to as just compensation, all costs
shall be assessed against such person in the event that the aforesaid
amount tendered or deposited is equal to or in excess of the award fixed
or confirmed by the court with respect to such parcel.
[22:135:1935; 1931 NCL § 6179.42]
1. The powers conferred by this chapter shall be in addition and
supplemental to and not in substitution for the power conferred by any
other law. The power of eminent domain may be exercised hereunder
notwithstanding that any other law may provide for the exercise of the
power for like purposes and without regard to the requirements,
restrictions or procedural provisions contained in any other law.
2. Procedure hereunder, which is not prescribed herein, shall be
that which is otherwise prescribed by the law of the state.
[23:135:1935; 1931 NCL § 6179.43]
