USA Statutes : nevada
Title : Title 28 - PUBLIC WORKS AND PLANNING
Chapter : CHAPTER 342 - ACQUISITION OF REAL PROPERTY AND ASSISTANCE IN RELOCATION
As used in NRS 342.015 to 342.075 ,
inclusive, unless the context otherwise requires:
1. “Acquisition” means the acquisition of real property by a
governmental body by purchase or eminent domain.
2. “Business” means a business which is licensed in accordance
with law.
3. “Displacement” means the actual vacating of real property by a
natural person or business because of an acquisition by a governmental
body.
4. “Governmental body” means any political subdivision of this
state, any department, agency or instrumentality of a political
subdivision, and any other entity which is authorized to exercise the
power of eminent domain.
(Added to NRS by 1995, 2232)
Before displacing a natural person or a business as a
result of an acquisition, a governmental body shall develop a process by
which natural persons or businesses who will be displaced from their
dwellings or business establishments as a result of the acquisition, and
who are otherwise eligible for services and benefits provided by the
governmental body pursuant to NRS 342.015 to 342.075 ,
inclusive, may claim eligibility for those services and benefits. The
process must include, without limitation, claim forms and a schedule
setting forth the time when those forms and any required attachments must
be submitted to the governmental body and the time when the governmental
body will distribute any monetary compensation or provide other services.
(Added to NRS by 1995, 2232)
A governmental body shall provide the
following administrative services for persons whose dwellings or business
establishments are situated on property proposed for acquisition by the
governmental body:
1. Written materials and public meetings, where applicable, which
will provide information on the proposed acquisition of the property and
the services and benefits that will be available to the persons who will
be displaced.
2. Information and assistance regarding the time and manner in
which the persons may claim eligibility for such services and benefits.
3. Ninety days’ written notice of the proposed displacement. This
notice must contain information on the procedure for obtaining the
services and benefits provided pursuant to NRS 342.015 to 342.075 ,
inclusive, to which a person is otherwise eligible.
(Added to NRS by 1995, 2232)
Before undertaking a project
that will result in the displacement of a natural person or a business,
each governmental body, or person acting on behalf of, under contract
with or in cooperation with the governmental body, shall adopt policies
pursuant to NRS 342.015 to 342.075
, inclusive, to provide relocation
assistance and make relocation payments to each person, whether an owner
or a tenant, who is displaced from his dwelling or business establishment
as a result of the acquisition of property in a manner substantially
similar to and in amounts equal to or greater than those which are
provided for in the federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 42 U.S.C. §§ 4601-4655, and
the regulations adopted pursuant thereto. Nothing in this section
prohibits the payment of relocation benefits to a renter or lessee of
real property whose tenancy is from month to month.
(Added to NRS by 1995, 2233; A 1999, 3615 )
1. In addition to the relocation benefits provided pursuant to NRS
342.045 , each person who is displaced
from his business establishment as a result of the acquisition of
property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf
of, in cooperation with or under contract with such an agency, and whose
lease of the premises on which the establishment is situated is
terminated as a consequence of the acquisition, must be paid:
(a) The actual, reasonable and necessary costs of alterations and
other physical changes that are required to be made to a new location to
render it suitable for the operation of the business;
(b) The actual, reasonable and necessary costs of modifications
made to machinery, equipment and other personal property moved to the new
location which were necessary for the operation of the business, except
that 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 or certifications
that must be obtained for the business to operate in the new location;
(d) The actual, reasonable and necessary fees for professional
services incurred in connection with the acquisition of a replacement
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 amount that the
tenant formerly paid in rent, will enable him to rent or lease a
comparable business location on the current market for a term equal to
the period that would have remained on his lease if it had not been
terminated as a result of the acquisition of the property or 3 years,
whichever is greater; or
(2) The fair market value of the business as determined in
accordance with subsection 6 of NRS 37.009 if the business owner is unable to relocate
his business establishment to a comparable new location because of the
operation of a governmental ordinance, regulation or restriction or
because a comparable business location is not available.
2. The provisions of this section do not apply to month-to-month
tenancies.
3. The provisions of this section do not apply to a business which
executes an initial lease within 1 year before the approval of a
development agreement or other similar action of a governmental body
identifying the property that will be acquired, unless the business is
renewing a lease on a site that it has occupied for more than 1 year
before the identification of the property that will be acquired.
4. A governmental body may adopt ordinances or regulations or take
any other appropriate action which allows a business to be relocated to a
comparable business location.
5. As used in this section, “comparable business location” means a
location that is decent, safe and sanitary, adequate in size for the
needs of the displaced business, functionally equivalent for the purposes
of the displaced business and located in an area not subject to
unreasonably adverse environmental conditions.
6. Nothing contained in this section requires a governmental body
to relocate a business to a location in a redevelopment area or an area
similar to a redevelopment area, or to provide the benefits that a
location in a redevelopment area would provide.
(Added to NRS by 1995, 2233; A 1997, 606)
1. All payments of benefits pursuant to NRS 342.015 to 342.075 ,
inclusive, must be made within 90 days after notice of displacement is
given by a governmental body. If a person entitled to such benefits
informs the governmental body that a payment is needed immediately to pay
a third party, such as a new landlord, utility company or escrow company,
the governmental body shall make any authorized payment directly to the
third party upon request.
2. Each governmental body subject to the provisions of NRS 342.015
to 342.075 , inclusive, shall establish an administrative
appeal process for handling grievances arising pursuant to those
sections. The process must include, at a minimum, notice and an
opportunity to be heard.
(Added to NRS by 1995, 2234)
015 to 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 statute to the
contrary, the provisions of NRS 342.015
to 342.065 , inclusive, apply to all
acquisitions of real property by a governmental body by purchase or
eminent domain unless the person who is being displaced owns and occupies
the real property and willingly agrees to the purchase price offered by
the governmental body.
2. Notwithstanding the provisions of NRS 342.015 to 342.065 ,
inclusive, a governmental body may, if appropriate under the
circumstances, pay to a displaced person an amount of benefits that
exceeds the amounts set forth in NRS 342.015 to 342.065 ,
inclusive. The governmental body has sole discretion to decide whether
benefits will be paid in an amount that exceeds the amounts set forth in
NRS 342.015 to 342.065 , inclusive, and its decision on that matter is
final.
3. The regulations adopted pursuant to the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,
42 U.S.C. §§ 4601-4655, govern the interpretation of any word or phrase
not specifically defined in NRS 342.015
and 342.055 .
(Added to NRS by 1995, 2234)
1. Any department, agency, instrumentality or political
subdivision of this State, or any other public or private entity, which
is subject to the provisions of the federal Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §§
4601-4655, and the regulations adopted pursuant thereto, and which
undertakes any project that results in the acquisition of real property
or in a person being displaced from his home, business or farm, shall
provide relocation assistance and make relocation payments to each
displaced person and perform such other acts and follow such procedures
and practices as are necessary to comply with those federal requirements.
2. The Director of The Department of Transportation shall review
the federal act and all amendments and regulations adopted pursuant
thereto and adopt such regulations as he finds are necessary to enable
the State of Nevada to comply with those federal requirements.
(Added to NRS by 1989, 633)—(Substituted in revision for NRS
342.005)
