reglab/housing_qa huggingface dataset:
NV Rev Stat § 37.035 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 overhead or underground system used for public transportation, whether the monorail or other system is owned by a private person or a public agency.  2. In addition to property subject to condemnation pursuant to NRS 37.030, a public agency on behalf of a monorail or any other overhead or underground system used for public transportation may acquire, by condemnation, rights and easements across, over, under and along public streets and roadways, but such rights may not be exercised in such a manner as will permanently interfere with the existing use of such streets or roadways.  3. To exercise the power of eminent domain on behalf of a monorail or any other overhead or underground system used for public transportation, a public agency must issue an order approving the exercise of that power. A public agency may issue such an order if:  (a) The use to which the private property is to be applied is a public use;  (b) The property is necessary for that public use;  (c) The intended public use of the property will be of greater public benefit than the current private use of the property; and  (d) The proposed exercise of the power of eminent domain is not unreasonable and will not result in a taking of private property that is not fully compensable at law.  4. As used in this section, "public agency" means:  (a) Any agency of this state or the United States.  (b) Any political subdivision of this state, including a regional transportation district or other district.  (Added to NRS by 1967, 869; A 1991, 1139)
NV Rev Stat § 37.036 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 operate, a monorail installed or operated pursuant to NRS 705.610 to 705.700, inclusive, the owner is entitled, in addition to any other right provided by law:  (a) To adequate contractual assurance that, after acquisition, the acquirer will provide service, fares and performance conforming to those existing at the time of acquisition, for the period necessary to protect the usefulness of the monorail to the owner; and  (b) To approve any future deletions from or reconfigurations of the monorail, including passenger stations.  2. The acquirer shall hold the owner and operator harmless from any liability or claim arising after the acquisition from the operation or any change made in the installation of the monorail or from any act or omission of the acquirer or its employees, contractors or agents.  (Added to NRS by 1997, 2441)
NV Rev Stat § 37.038 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 person must first obtain the approval of the board of county commissioners of the county or the governing body of the city in which that real property is situated. This consent must not be withheld if the person seeking to exercise the right of eminent domain shows that:  (a) The property will be put to a public use;  (b) The property is necessary for that public use; and  (c) The intended public use will be of great public benefit to the immediate community or area in which the real property is situated and not significantly harmful to historic landmarks or features.  2. In any subsequent judicial proceeding to condemn that real property, the determinations of the board of county commissioners or the governing body whether the property will be put to a public use and whether it is necessary for that use are prima facie evidence of those facts, respectively, unless the court specifically finds that the determinations were:  (a) Arbitrary and capricious; or  (b) Not supported by substantial evidence.  (Added to NRS by 1981, 1619; A 1989, 22)
NV Rev Stat § 37.040 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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. If the property is already appropriated to some public use, the public use to which it is to be applied is a more necessary public use.  [1911 CPA § 667; RL § 5609; NCL § 9156] — (NRS A 1965, 994)
NV Rev Stat § 37.050 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 the least private injury, and subject to this chapter. The person, corporation or partnership or its agents may, with the consent of the owner or under a court order entered pursuant to subsection 2, enter upon the land and make examinations, surveys and maps thereof, including soil investigations, test borings and the appraisal and valuation of the land and any improvements thereon.  2. If the owner or occupant of the land fails or refuses to permit entry on the land for the purposes set forth in subsection 1, the person, corporation or partnership may petition the district court of the county in which the land is situated for an order permitting entry on the land for those purposes. If the court ascertains, by affidavit or otherwise, that the person, corporation or partnership in good faith desires to enter the land for those purposes, the court shall grant an order permitting that entry, conditioned upon the examination being made at reasonable times and in such a manner as to cause the least inconvenience to the owner or occupant of the land.  3. Entry upon land pursuant to this section does not give rise to any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to the land or any improvements thereon and all injuries resulting from negligence, wantonness or malice.  [1911 CPA § 668; RL § 5610; NCL § 9157] — (NRS A 1977, 235; 1989, 548; 1995, 502)
NV Rev Stat § 37.055 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 involving the public interest, to the end that all such proceedings must be quickly heard and determined.  (Added to NRS by 1999, 3533)
NV Rev Stat § 37.060 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 complaint in such cases must be verified, and the party instituting any such proceedings shall record with the recorder of each county in which any of the property is situated a notice of the pendency of the action.  2. From the time of such recording every purchaser or encumbrancer whose conveyance or encumbrance is not then recorded or docketed shall be deemed a subsequent purchaser or encumbrancer and is bound by the proceedings to the same extent and in the same manner as if the purchaser or encumbrancer were a party therein. The purchaser or encumbrancer may intervene in the manner provided by NRS 37.080.  [1911 CPA § 669; RL § 5611; NCL § 9158] — (NRS A 1965, 994; 2001, 1749)
NV Rev Stat § 37.070 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 the public use for which the property is sought, who must be styled plaintiff.  (c) The names of all owners, occupants and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants.  (d) A statement of the right of the plaintiff.  (e) If a right-of-way is sought, the complaint must show the location, general route and termini, and must be accompanied with a map thereof, so far as the right-of-way is involved in the action or proceeding.  (f) A description of each piece of land sought to be taken, and whether it includes the whole or only part of an entire parcel or tract.  2. All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the conveniences of parties. Each defendant, at the defendant’s option, may have a separate trial.  [1911 CPA § 670; RL § 5612; NCL § 9159] — (NRS A 1989, 548; 1991, 456)
NV Rev Stat § 37.075 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 appears and answers, the plaintiff will be entitled to a judgment of condemnation by default.  (Added to NRS by 1965, 996)
NV Rev Stat § 37.080 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 person’s own property or interest, or that claimed by the person, in like manner as if named in the complaint.  [1911 CPA § 671; RL § 5613; NCL § 9160]
NV Rev Stat § 37.083 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 all defenses and objections to the sufficiency and validity of the complaint and to the right of plaintiff to condemn the described property for the purposes stated therein.  (Added to NRS by 1965, 997)
NV Rev Stat § 37.085 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 trial be before the court with or without a jury, and the court has directed that the defendant’s default be entered,  the court shall proceed to conduct a hearing to determine the value of the property and any damages.  2. For the purpose of the hearing required by this section, the court may consider, by affidavit or otherwise:  (a) Proof of the value of the property taken;  (b) The damages, if any, which may result from the condemnation; and  (c) The amount, if any, alleged in the complaint to be just compensation, and shall enter such judgment as it deems proper.  (Added to NRS by 1965, 997; A 1967, 814)
NV Rev Stat § 37.090 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 37.030.  2. To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor.  3. To determine the respective rights of different parties asking condemnation of the same property.  [1911 CPA § 672; RL § 5614; NCL § 9161] — (NRS A 1965, 995; 2015, 802)
NV Rev Stat § 37.095 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 Foundation to determine, establish or assess the nature, value, quality or use of real property in a judicial proceeding for eminent domain brought pursuant to this chapter.  (Added to NRS by 2011, 682)
NV Rev Stat § 37.110 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 all improvements thereon pertaining to the realty, and of each and every separate estate or interest therein; if it consists of different parcels, the value of each parcel and of each estate or interest therein shall be separately assessed.  2. If the property sought to be condemned constitutes only a part of a large parcel, the damages which will accrue to the portion not sought to be condemned, by reason of its severance from the portion sought to be condemned, and the construction of the improvement in the manner proposed by the plaintiff.  3. If the property, though no part thereof is taken, will be damaged by the construction of the proposed improvement, the amount of such damages.  4. Separately, how much the portion not sought to be condemned, and each estate or interest therein, will be benefited, if at all, by the construction of the improvement proposed by the plaintiff; and if the benefit shall be equal to the damages assessed, under subsection 2 of this section, the owner of the parcel shall be allowed no compensation except the value of the portion taken; but if the benefit shall be less than the damages so assessed, the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value of the portion taken.  5. If the property sought to be condemned be for a railroad, the cost of good and sufficient fences along the line of such railroad between such railroad and other adjoining lands of the defendant; and the costs of cattle guards where fences may cross the line of such railroads.  As far as practicable, compensation must be assessed for each source of damages separately.  [1911 CPA § 674; RL § 5616; NCL § 9163]
NV Rev Stat § 37.111 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 condemnation causes the business to be dissolved and the business cannot be relocated for reasons beyond the control of the owner, including, without limitation, the unavailability of a new franchise or when the value of the business is inextricably tied to the unique location of the property being condemned; and  (b) The owner of the business has a property interest in the property acquired pursuant to this chapter.  2. As used in this section, "goodwill" means the component of value attributed to the reputation, loyal customer base, ability to attract new customers and location of a business. The term does not include the loss of anticipated profits or loss of business opportunity.  (Added to NRS by 2005, 1787)
NV Rev Stat § 37.112 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 market value of the property before the date of valuation which is caused by:  (a) The public work or public improvement for which the property is acquired; or  (b) The likelihood that the property would be acquired for such a purpose,  must be disregarded when assessing the value of the property pursuant to NRS 37.110.  2. Any decrease or increase in the fair market value of the property before the date of valuation resulting from physical deterioration within the reasonable control of the owner is not required to be disregarded pursuant to subsection 1.  (Added to NRS by 1993, 525)
NV Rev Stat § 37.115 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 plaintiff and all defendants claiming any interest therein. The respective rights of such defendants in and to such award shall be determined by the court, jury, or master in a later and separate hearing in the same proceeding and the amount apportioned by order accordingly.  (Added to NRS by 1965, 997; A 1967, 815)
NV Rev Stat § 37.120 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 within 2 years after the date of the first service of the summons, and the court makes a written finding that the delay is caused primarily by the plaintiff or is caused by congestion or backlog in the calendar of the court, the date of valuation is the date of the actual commencement of the trial. If a new trial is ordered by a court, the date of valuation used in the new trial must be the date of valuation used in the original trial.  2. No improvements put upon the property after the date of the service of the summons may be included in the assessment of compensation or damages, regardless of the date of valuation.  3. In all actions in eminent domain, the court shall award just compensation to the owner of the property that is being taken. Just compensation is that sum of money necessary to place the property owner in the same position monetarily as if the property had never been taken, excluding any governmental offsets except special benefits. Special benefits may only offset severance damages and may not offset the value for the property. Just compensation for the property taken by the exercise of eminent domain must include, without limitation, interest computed pursuant to NRS 37.175 and reasonable costs and expenses, except attorney’s fees, incurred by the owner of the property that is the subject of the action.  4. As used in this section, "primarily" means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all the defendants, that would cause the date of the trial to be continued past 2 years after the date of the first service of the summons.  [1911 CPA § 675; RL § 5617; NCL § 9164] — (NRS A 1965, 686; 1991, 1641; 1993, 526; 1999, 3533; 2007, 336)
NV Rev Stat § 37.130 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 § 9165]
NV Rev Stat § 37.140 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 determined and approved by the court or judge, conditioned that the plaintiff shall build proper fences through any enclosed field before commencing actual construction. In an action on the bond all damages sustained and the cost of the construction of such fences and cattle guards, with a reasonable attorney fee, to be fixed by the court, may be recovered.  [1911 CPA § 677; RL § 5619; NCL § 9166]
NV Rev Stat § 37.150 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 award cannot be made on execution, the court, upon showing to that effect, must set aside and annul the entire proceedings, and restore possession of the property to the defendants, if possession has been taken by the plaintiff.  [1911 CPA § 678; RL § 5620; NCL § 9167] — (NRS A 1965, 995)
NV Rev Stat § 37.160 (2021)
2021 Nevada Revised Statutes|Chapter 37 - Eminent Domain|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 condemned and the purpose of such condemnation. A copy of the order shall be recorded in the office of the recorder of the county, and thereupon the title to the property described therein shall vest in the plaintiff for the purpose therein specified, except that when the State is the plaintiff, the property shall vest in the State for any public use.  [1911 CPA § 679; RL § 5621; NCL § 9168] — (NRS A 1965, 995; 1967, 815)