2005 Nevada Revised Statutes - Chapter 340 — Eminent Domain: Expeditious Procedure
CHAPTER 340 - EMINENT DOMAIN: EXPEDITIOUSPROCEDURE
NRS 340.010 Shorttitle.
NRS 340.020 Findingand declaration of necessity.
NRS 340.030 Definitions.
NRS 340.040 Filingof petition; jurisdiction of court; entry upon land by petitioner.
NRS 340.050 Formof petition.
NRS 340.060 Inclusionof several parcels.
NRS 340.070 Noticeof proceedings.
NRS 340.080 Determinationof issue raised by the objections filed.
NRS 340.090 Appointmentof special master.
NRS 340.100 Noticeof hearing by special master.
NRS 340.110 Evidenceadmissible before special master.
NRS 340.120 Reportof special master.
NRS 340.130 Noticeof report.
NRS 340.140 Hearingof objections by the court.
NRS 340.150 Certifiedcopy of judgment.
NRS 340.160 Declarationof taking: Filing; sufficiency; effect; duties of court.
NRS 340.170 Rightto withdraw or dismiss petition.
NRS 340.180 Divestingtitle of owner.
NRS 340.190 Paymentof award into court and disbursement thereof.
NRS 340.200 Recoveryof award.
NRS 340.210 Appeal.
NRS 340.220 Costs.
NRS 340.230 Powerssupplemental.
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NRS
[1:135:1935; 1931 NCL 6179.21]
NRS
1. It is hereby declared:
(a) That widespread unemployment exists throughout theState, making it impossible for many people in the State to support themselvesand their families.
(b) That these conditions create a public emergency andconstitute a menace to the health, safety, morals and welfare of the people ofthe 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 thisunemployment and prevent irreparable injury to the people of the State.
(d) That to this end it is necessary to provide amethod for the expeditious acquisition of any lands necessary for such publicworks projects.
(e) That such public works projects are hereby declaredto be in furtherance of the public welfare and to be public uses and purposesfor which public money may be spent and private property acquired.
(f) That the necessity in the public interest for theprovisions enacted in this chapter is hereby declared as a matter oflegislative determination.
2. Without limitation upon the generality ofsubsection 1, it is hereby declared:
(a) That insanitary or unsafe dwelling accommodationsexist in various areas of the State and that consequently many persons of lowincome are forced to reside therein.
(b) That these conditions cause an increase in andspread of disease and crime, constitute a menace to the health, safety, moralsand welfare of the citizens of the State, impair economic values, and are notbeing, and cannot within a reasonable time be, corrected by the investment ofprivate capital available for profit-making enterprises.
(c) That the clearance, replanning and reconstructionof the areas in which insanitary or unsafe housing conditions exist and theprovision of safe and sanitary dwelling accommodations for persons of lowincome are public uses and purposes for which private property may be acquired.
[2:135:1935; 1931 NCL 6179.22]
NRS
1. Authorized corporation means any corporation orassociation 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 itsconduct thereafter by the corporation or association shall be subject toregulation or supervision by a federal agency, as herein defined, or a statepublic body, as herein defined, whether by virtue of an agreement, provision oflaw or otherwise.
2. Court means the court in which jurisdiction overproceedings hereunder is vested by the provisions of
3. Federal agency means the United States ofAmerica, or any agency or instrumentality, corporate or otherwise, of theUnited States of America.
4. Petitioner means the one by whom proceedings forthe acquisition of real property, as herein defined, are instituted hereunderpursuant to the provisions of NRS 340.040.
5. Public works project means any work orundertaking which is financed in whole or in part by a federal agency, asherein defined, or by a state public body, as herein defined.
6. Real property or property or lands includesall lands, including improvements and fixtures thereon, lands under water, alleasements 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 thesame, including terms for years and liens by way of judgment, mortgage orotherwise.
7. State public body means this State or any county,city, town, municipal corporation, authority, or any other subdivision, agencyor instrumentality, corporate or otherwise, thereof.
[3:135:1935; 1931 NCL 6179.23]
NRS
1. Any federal agency, state public body or authorizedcorporation may institute proceedings under this chapter for the acquisition ofany real property necessary for any public works project.
2. Such proceedings may be instituted in the districtcourt in any county in which any part of the real property or of the proposedpublic works project is situate. The court shall cause the proceedings to beheard and determined without delay. All condemnation proceedings shall bepreferred cases, and shall be entitled to precedence over all other civilcases.
3. The petitioner may enter upon the land proposed tobe acquired for the purpose of making a survey and of posting any noticethereon which is required by this chapter; but such survey and posting ofnotice shall be done in such manner as will cause the least possibleinconvenience to the owners of the real property.
[4:135:1935; 1931 NCL 6179.24]
NRS
1. The name of the petitioner.
2. A description of the property, sufficient for theidentification thereof, to which there may be attached a plat or map thereof.
3. A statement that the acquisition of such propertyby the petitioner is necessary for a public works project and a brief generaldescription of the public works project.
4. A statement that the proceedings are beinginstituted under this chapter.
5. A suitable prayer for relief.
[5:135:1935; 1931 NCL 6179.25]
NRS
[6:135:1935; 1931 NCL 6179.26]
NRS
1. Notice of such proceedings shall be given by onepublication in a newspaper having a general circulation in each county in whichany part of the property sought to be condemned is located. Such publicationshall be at least 20 days and not more than 30 days prior to the date set forthe hearing on the validity of the proceedings.
2. Such notice shall be in substantially the followingform (the blanks being appropriately filled):
To Whom It May Concern:
Notice is hereby given that ................ (hereinsert name of petitioner) has filed a petition in the above court under thePublic Works Eminent Domain Law to acquire by condemnation for ................(here give brief general description of the public works project for which theland is sought to be acquired) the following-described land: (Here describe theland sufficiently for the identification thereof. Such description may be byuse of a plat or map.)
Notice is further given that on ................ (hereinsert date of hearing, which must be at least 20 days and not more than 30days after the date of publication) there will be a hearing in this court, atthe opening thereof, for:
(a) Determining the validity of the proceedings and theright of the petitioner, if it so elects, to take title to and possession ofsuch property prior to final judgment, as authorized by
(b) The appointment of a special master to determinethe compensation to be awarded for such property and the persons entitledthereto.
(c) The fixing of the date and place at which thespecial master shall hear and determine the compensation to be paid for suchproperty and the person entitled thereto.
Notice is further given that all claims or demands forcompensation because of the taking and condemnation of such property must befiled with the above court before ................ (here insert a date 15 daysafter the date above specified for the court hearing), or the same shall bedeemed waived.
Dated the ........ day of ................ A.D..........
.......................................................................
Clerkof the court.
3. Notice of such proceedings shall also be given:
(a) By posting a copy of the notice designated insubsection 2 in conspicuous places on the real property sought to be condemned.
(b) By filing a copy thereof in the office of the clerkof the court in which such proceedings are pending.
(c) By filing a copy thereof in the proper office oroffices for the filing of lis pendens in each county in which any part of thereal property is situated.
4. Such publication, posting and filing shallconstitute a legal and sufficient notice to all persons having any interest inor lien upon the property described in the notice. The filing of such notice inthe county office shall also be a constructive notice of the proceeding to anyperson who subsequently acquires any interest in or lien upon the property, andthe petitioner shall take all property condemned under this chapter free of theclaims of any such person.
[7:135:1935; 1931 NCL 6179.27]
NRS
1. All persons who have not filed written objectionswith the court prior to the time of the hearing specified in the noticeprescribed by NRS 340.070, shall bedeemed to have waived the right to file objections as to the sufficiency andvalidity of the petition, the proceedings and the relief sought thereby, and asto the right of the petitioner to take title and possession prior to finaljudgment, 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 theobjections which have been filed, if any there be, shall enter a final judgmentwith respect to such issues, and thereafter there shall remain fordetermination only the amount of the compensation to be paid and the personsentitled thereto.
3. If any infant or other person under a legaldisability shall not have appeared in the proceedings by his duly authorizedlegal representative, the court shall appoint a guardian ad litem to representsuch persons interest in the proceedings before the special master.
[8:135:1935; 1931 NCL 6179.28]
NRS
1. The court, at the time of the hearing, shall appointa special master to fix the amount of damages and compensation for the takingand condemnation of the property described in the petition and the personsentitled thereto, and to report thereon to the court. The special master shallbe a disinterested person not related to anyone having an interest in or lienupon the property sought to be condemned. The compensation of the specialmaster shall not exceed $15 per day plus travel and subsistence expenses.
2. The special master immediately after hisappointment shall subscribe to an oath that to the best of his ability he willtruly find and return the compensation for the taking and condemnation of theproperty and the persons entitled thereto.
[9:135:1935; 1931 NCL 6179.29]
NRS
1. Immediately after his appointment and taking ofoath, the special master shall cause notice to be sent by registered orcertified mail to all persons who have appeared in the proceedings or to theirattorneys of record and to all others having any interest in or lien upon theproperty sought to be condemned, as shown by the record of the proper countyoffice or offices for the recording of documents pertaining to such realproperty, and to all guardians ad litem appointed pursuant to the provisions ofNRS 340.080, such notice to be addressedto such persons at their respective last known addresses.
2. The notice shall be substantially in the followingform (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 underthe Public Works Eminent Domain Law to acquire by condemnation for......................... (here give brief general description of the publicworks project for which the land is sought to be acquired), thefollowing-described land: (Here describe the land sufficiently for theidentification thereof. Such description may be by use of plat or map).
All persons having an interest in or lien upon theabove-described property, for which compensation will be demanded, are herebynotified that all claims or demands for compensation by reason of the takingand condemnation of such property shall be filed in writing with the courtbefore ......................... (here insert date at least 15 days after thedate set for the court hearing in the notice specified in
(a) The amount of compensation to be paid for theproperty sought to be condemned.
(b) The persons entitled to such compensation.
Dated the ........ day of ................ A.D.........
.......................................................................
Specialmaster appointed by the court.
3. The special master shall also cause a copy of thenotice to be posted in conspicuous places on the property sought to becondemned.
4. After such notice by mailing and posting, thespecial master, on the date for hearing specified in the notice, shall proceedimmediately to hear and determine the question of just compensation for thetaking and condemnation of the property and the persons entitled to suchcompensation. To this end, the special master may issue subpoenas, administeroaths to witnesses, and receive evidence and cause same to be recorded.
[10:135:1935; 1931 NCL 6179.30](NRS A 1969, 95)
NRS
1. For the purpose of determining the value of theland sought to be condemned and fixing just compensation therefor, thefollowing evidence (in addition to other evidence which is relevant, material andcompetent) shall be relevant, material and competent, and shall be admitted andconsidered by the special master:
(a) Evidence that a building or improvement is unsafeor insanitary or a public nuisance, or is in a state of disrepair, and of thecost to correct any such condition, notwithstanding that no action has beentaken by local authorities to remedy any such condition.
(b) Evidence that any state public body, charged withthe duty of abating or requiring the correction of nuisances or like conditionsor demolishing unsafe or insanitary structures, issued an order directing theabatement or correction of any conditions existing with respect to the buildingor improvement, or the demolition of the building or improvement, and of thecost which compliance with any such order would entail.
(c) Evidence of the last assessed valuation of theproperty for purposes of taxation, and of any affidavits or tax returns made bythe owner in connection with such assessment which state the value of suchproperty, and of any income tax returns of the owner showing sums deducted onaccount of obsolescence or depreciation of such property.
(d) Evidence that such buildings and improvements arebeing used for illegal purposes or are being so overcrowded as to be dangerousor 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 suchuse.
(e) Evidence of the price and other terms upon any saleor the rent reserved and other terms of any lease or tenancy relating to suchproperty or to any similar property in the vicinity when the sale or leasingoccurred or the tenancy existed within a reasonable time of the hearing.
2. The award of compensation shall not be increased byreason of any increase in the value of the property resulting from the publicworks project to be placed thereon.
3. No allowance shall be made for improvements begunon property after the publication of the notice specified in
[11:135:1935; 1931 NCL 6179.31]
NRS
[12:135:1935; 1931 NCL 6179.32]
NRS
[13:135:1935; 1931 NCL 6179.33](NRS A 1969, 95)
NRS
1. If no objections are filed to the special mastersreport, the court (but only on motion of the petitioner unless title to theproperty has vested in the petitioner) shall enter a final judgment fixing thecompensation to be paid for the property and the persons entitled to suchcompensation.
2. If any objections are filed to the special mastersreport, the court on the date specified in the order shall hear and determinesuch questions of law and fact as are raised by such exceptions and mayapprove, disapprove or modify the special masters findings or may reject thespecial masters report in toto.
3. If the special masters report is rejected in toto,the court shall at once appoint another special master in the same manner thatthe first special master was appointed, and such special master shall have thesame powers and duties as the special master first appointed, except thatnotice of the time for filing claims and of the hearing of the special mastermay be given by registered or certified mail to all persons who have appearedin 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 mastersreport, with or without modifications, the court (but only on motion of thepetitioner unless title to the property has previously vested in thepetitioner) shall enter a final judgment, fixing the compensation to be paidfor such property and the persons entitled to such compensation.
5. If title to the property has not previously beenvested in the petitioner, the title and right to possession of the propertyshall vest in the petitioner immediately upon the entry of such final judgmentand upon the deposit in court by the petitioner of the amount of the judgmentfixed by the court as the compensation for such property. Upon the entry ofsuch judgment and the vesting of title aforesaid, the court shall designate theday (not exceeding 30 days thereafter, except upon good cause shown) on whichthe parties in possession of the property shall be required to surrenderpossession to the petitioner.
[14:135:1935; 1931 NCL 6179.34](NRS A 1969, 95)
NRS
[15:135:1935; 1931 NCL 6179.35](NRS A 1971, 806)
NRS
1. At any time at or after the filing of the petitionreferred to in NRS 340.050, and beforethe entry of final judgment, the petitioner may file with the clerk of thecourt a declaration of taking, signed by the authorized officer or agent of thepetitioner, declaring that all or any part of the property described in thepetition is to be taken for the use of the petitioner.
2. The declaration of taking is sufficient if it setsforth:
(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 theproperty being taken.
(c) A statement of the sum of money estimated by thepetitioner to be just compensation for the property taken.
3. Upon the filing of the declaration of taking andthe deposit in court, to the use of the persons entitled thereto, of the amountof the estimated compensation stated in the declaration, title to the propertyspecified in the declaration vests in the petitioner, the property shall bedeemed to be condemned and taken for the use of the petitioner and the right tojust compensation for the taking of that property vests in the persons entitledthereto. Upon the filing of the declaration of taking, the court shalldesignate a day, not exceeding 30 days after the filing, except upon good causeshown, on which the parties in possession are required to surrender possessionto the petitioner. If the petitioner is an authorized corporation, the court,before directing surrender of possession to the petitioner, shall require suchsecurity to be given, in addition to the amount deposited in court, as willreasonably assure the payment of any amount ultimately determined as thecompensation to be paid.
4. The ultimate amount of compensation must be fixed pursuantto the provisions of this chapter. If the amount so fixed exceeds the amount sodeposited in court by the petitioner, the court shall enter judgment againstthe petitioner in the amount of the deficiency, together with interest at therate of 6 percent per annum on the deficiency from the date of the vesting oftitle to the date of the entry of the final judgment, subject to abatement foruse, income, rents or profits derived from that property by the owner thereofsubsequent to the vesting of title in the petitioner, and the court shall orderthe petitioner to deposit the amount of the deficiency in court.
[16:135:1935; 1931 NCL 6179.36](NRS A 1973, 153;1989, 632)
NRS
[17:135:1935; 1931 NCL 6179.37](NRS A 1973, 154;1989, 633)
NRS
[18:135:1935; 1931 NCL 6179.38]
NRS
1. The payment into court by the petitioner of theamount of any award or the deposit in court of the amount estimated by thepetitioner 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 personsentitled thereto.
2. Such payment or deposit shall constitute a paymentto the persons entitled thereto to the extent of the moneys so paid ordeposited into court.
3. Any such payment shall be as valid and effectual inall respects as if it were made by the petitioner directly to the personentitled thereto or, in the case of a person under legal disability, to hisguardian, 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 suchawards.
4. The money paid into court shall be secured in suchmanner as may be directed by the court, and shall be paid out by the specialmaster to the persons found to be entitled thereto by the final judgment of thecourt.
[19:135:1935; 1931 NCL 6179.39]
NRS
[20:135:1935; 1931 NCL 6179.40]
1. Any time within 30 days from the filing of anyinterlocutory or final order or judgment by the court, any person or persons ofrecord in the proceedings, who shall have filed exceptions at any stage of theproceedings within the time and in the manner specified, may appeal therefrom,but only with respect to those questions or issues which were raised by suchexceptions.
2. The taking of an appeal shall not operate to staythe proceedings under this chapter except when the person or persons appealingshall have obtained a stay of the execution of the judgment or order appealedfrom, in which event the proceedings shall be stayed only with respect to theperson or persons appealing and their respective interests in the proceedings.Upon the taking of an appeal the proceedings shall be deemed severed as to theperson or persons appealing and their respective interests in the proceeding.
3. Any interlocutory or final order or judgment shallbe final and conclusive upon all persons affected thereby who have not appealedwithin the time herein prescribed.
4. Any petitioner, other than an authorizedcorporation, may appeal without giving bond; but any other person or personsappealing shall give bond, with good and sufficient surety, to be approved bythe court, conditioned to pay all costs taxed against appellant on such appeal.
[21:135:1935; 1931 NCL 6179.41]
NRS
[22:135:1935; 1931 NCL 6179.42]
NRS
1. The powers conferred by this chapter shall be inaddition and supplemental to and not in substitution for the power conferred byany other law. The power of eminent domain may be exercised hereundernotwithstanding that any other law may provide for the exercise of the powerfor like purposes and without regard to the requirements, restrictions orprocedural provisions contained in any other law.
2. Procedure hereunder, which is not prescribedherein, shall be that which is otherwise prescribed by the law of the state.
[23:135:1935; 1931 NCL 6179.43]
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