NRS 340.010 – Short title.
This chapter may be referred to as the Public Works Eminent Domain Law. [1:135:1935; 1931 NCL § 6179.21]
NRS 340.020 – Finding and declaration of necessity.
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 […]
NRS 340.030 – Definitions.
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 […]
NRS 340.040 – Institution of proceedings: Authority; jurisdiction of court; entry upon land by petitioner.
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 […]
NRS 340.050 – Institution of proceedings: Filing and form of petition.
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 […]
NRS 340.060 – Inclusion of several parcels.
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]
NRS 340.070 – Notice of proceedings.
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 […]
NRS 340.080 – Waiver of right to file objections; determination by court of issues raised by objections filed; appointment of guardian ad litem for legally incompetent persons.
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 […]
NRS 340.090 – Special master: Appointment; duties; qualifications; compensation; oath.
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 […]
NRS 340.100 – Notice and conduct of hearing by special master.
1. Immediately after 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 […]
NRS 340.110 – Evidence admissible before special master.
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 […]
NRS 340.120 – Filing of report of special master.
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 […]
NRS 340.130 – Notice of report; filing of objections.
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, […]
NRS 340.140 – Hearing of objections to and action on report by court; appointment of another special master if report is rejected; final judgment; vesting of title; possession.
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 […]
NRS 340.150 – Certified copy of judgment.
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 […]
NRS 340.160 – Declaration of taking: Filing by petitioner; sufficiency; effect; duties of court.
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 […]
NRS 340.170 – Right to withdraw or dismiss petition.
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)
NRS 340.180 – Divesting title of owner.
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]
NRS 340.190 – Payment of award or deposit into court; disbursement.
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 […]
NRS 340.200 – Recovery of award paid to unentitled person.
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 […]