Title 3

NRS 37.015 Necessary access for owners, occupants of ranges, grazing lands: Exercise of power of eminent domain. 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 exer…

NRS 37.020 Estates in property subject to condemnation. 1. The fee simple or lesser estate in real property, and any other property, are subject to be taken for public use from the owners thereof. 2. The right to take property under this chapter includes the right to acquire and …

NRS 37.030 Private property subject to condemnation; local government prohibited from entering into agreement to exercise eminent domain to take mortgage, deed of trust or mortgage lien on private property or note secured by mortgage, deed of trust or mortgage lien. 1. The privat…

NRS 37.035 Monorails and other overhead or underground systems for public transportation: Acquisition by public agency of rights and easements on public streets by condemnation. 1. Only a public agency may exercise the power of eminent domain on behalf of a monorail or any other …

NRS 37.036 Rights of owner of monorail; acquirer shall hold owner and operator harmless from liability. 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 opera…

NRS 37.038 Conditions precedent to taking property within historic district. 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, the pers…

NRS 37.039 Conditions precedent to acquiring certain parcels of property for purpose of open-space use. 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…

NRS 37.040 Conditions precedent to entry of judgment of condemnation; findings. 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. I…

NRS 37.050 Location of and entry upon land; damages. 1. If land is required for public use, the person, corporation or partnership or its agents in charge of the use may survey and locate it. The land must be located in the manner most compatible with the greatest public good and…

NRS 37.055 Eminent domain proceedings take precedence over certain other proceedings and must be quickly heard and determined. 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 in…

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

NRS 37.070 Contents of complaint; inclusion of separate parcels in same or separate proceedings. 1. The complaint must contain: (a) The name of the court in which the action is commenced. (b) The name of the corporation, partnership, association, commission or person in charge of…

NRS 37.075 Summons. 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 ap…

NRS 37.080 All parties in interest may appear. 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 that per…

NRS 37.083 Default of defendant: Entry; effect. If the defendant fails to file an 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 …

NRS 37.085 Hearing after defendant’s default: Determination of value and damages by court; judgment. 1. Where any defendant has failed to: (a) Answer within the time allowed, and the clerk has entered the defendant’s default; or (b) Appear at the time set for trial, whether such …

NRS 37.090 Power of court. 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 paragraph (e) of subsection 1 of NRS 37…

NRS 37.095 Restrictions concerning appraisal of real property. An appraiser shall not use a Restricted Use Appraisal Report which is prepared in accordance with the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of The Appraisal F…

NRS 37.100 Plaintiff shall give property owner a copy of all appraisals before obtaining possession; motion by plaintiff for order permitting occupancy pending entry of judgment; notice; determination of public use at hearing; proof; bond or deposit in court; defendant may be res…

NRS 37.110 Ascertainment and assessment of damages. 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…

NRS 37.111 Additional compensation for loss of goodwill. 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 co…

NRS 37.112 Valuation of property subject to condemnation as result of public work or project. 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 marke…

NRS 37.115 Distribution of award among joint defendants by separate proceeding. 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 plaint…

NRS 37.120 Assessment of compensation and damages: Date of valuation; exception; just compensation. 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 with…

NRS 37.130 New proceedings may be instituted when title found defective. 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…

NRS 37.140 Damages to be paid within 30 days after judgment; bond for railroad fence. The plaintiff must, within 30 days after final judgment, pay the sum of money assessed. If the plaintiff is a railroad company, it shall also execute to the defendant a bond, with sureties to be…

NRS 37.150 Award deposited in court; execution; when proceedings may be annulled. 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 a…

NRS 37.160 Entry of final order of condemnation on deposit of award; recording; when title vests. 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…

NRS 37.170 Plaintiff may continue in or be placed in possession pending conclusion of litigation; effect of defendant’s receipt of money on deposit; judgments. 1. At any time after the entry of judgment, or pending an appeal by either party from the judgment to the appellate cour…

NRS 37.175 Interest paid by plaintiff; posttrial hearing to determine award of interest. 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…

NRS 37.180 Abandonment of condemnation proceedings; defendant’s damages for plaintiff’s occupancy. 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 …

NRS 37.185 Party not liable for attorney’s fees of other party; exception. Except as otherwise provided in this section, in all actions in eminent domain, neither the entity that is taking property nor the owner of the property is liable for the attorney’s fees of the other party…

NRS 37.200 Rules of practice. 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…

NRS 37.210 Rights of cities and towns not affected. 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]

NRS 37.220 Crossings to be made and kept in repair. 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…

NRS 37.230 Condemnation by railroad companies. 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,…

NRS 37.240 Two railroad companies may have right-of-way over same passes; change and expense of reconstruction of public highway. 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…

NRS 37.250 Right of eminent domain granted to nonresident or foreign corporations or partnerships; conditions. 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 anothe…

NRS 37.260 Disposal of real property and improvements acquired by exercise of power of eminent domain: Procedure; presumption; conveyance. 1. Except as otherwise provided in NRS 37.270, any real property, interest therein or improvement thereon which has been acquired in accordan…

NRS 37.270 Reversion of property upon repayment of original purchase price; conditions. Notwithstanding any other provision of law, property taken pursuant to the provisions of this chapter must be offered to and reverts to the person from whom the property was taken upon repayme…

NRS 37.280 Distribution of interest earned from investment of money deposited in court. The interest earned from any investment of money that has been deposited in any court pursuant to this chapter must be distributed in the following manner: 1. If the amount of the compensation…