reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.100 - Issuance of summons; when unnecessary.

When the complaint is filed without leave and notice, or upon leave and notice in case all the defendants do not appear, a summons shall issue and be served as in other cases. When all the defendants appear to oppose the filing of the complaint, no summons need issue.
[1911 CPA § 723; RL § 5665; NCL § 9212]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.120 - Judgment of ouster; relator to recover costs; delivery of books by defendant; violation by corporation.

1. When a defendant is found guilty of usurping, intruding into or unlawfully holding or exercising an office, franchise or privilege, judgment shall be rendered that such defendant be ousted and altogether excluded therefrom, and that the relator recover the relator’s costs. The court, after such judgment, shall order the defendant to deliver over all books and papers in the defendant’s custody or under the defendant’s control belonging to the office, to the parties entitled thereto.
2. If the defendant be found guilty of unlawfully holding or exercising any office, franchise or privilege, or if a corporation be found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or a forfeiture of its privileges, judgment shall be rendered that such defendant be ousted and altogether excluded from such office, franchise or privilege, and also that the defendant pay the costs of the proceedings.
3. If the defendant be found to have exercised merely certain individual powers and privileges to which the defendant is not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which the defendant is thus exceeding the lawful exercise of the defendant’s rights and privileges.
4. In case judgment is rendered against a pretended, but not real, corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.
[1911 CPA § 725; RL § 5667; NCL § 9214]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.130 - Judgment ousting director of corporation.

When the action is against a director of a corporation and the court finds that at the director’s election, either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may be rendered that the defendant be ousted, and judgment of induction entered in favor of the person who was entitled to be declared elected at such election.
[1911 CPA § 726; RL § 5668; NCL § 9215]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.140 - Action for damages within 1 year.

Such person may, at any time within 1 year after the date of such judgment, bring an action against the person ousted and recover the damages the person sustained by reason of such usurpation.
[1911 CPA § 727; RL § 5669; NCL § 9216]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.150 - Judgment against corporation; dissolution or restraint.

When, in any such action, it is found and adjudged that a corporation has, by an act done or omitted, surrendered or forfeited its corporate rights, privileges or franchises, or has not used the same during a term of 2 years, judgment shall be entered that it be ousted and excluded therefrom, and that it be dissolved; and when it is found and adjudged that a corporation has offended in any matter or manner which does not work such surrender or forfeiture or has misused a franchise, or exercised a power not conferred by law, judgment shall be entered that it be enjoined from the continuance of such offense or the exercise of such power.
[1911 CPA § 728; RL § 5670; NCL § 9217]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.160 - Court shall appoint trustee for dissolved corporation; trustee’s compensation.

If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint some disinterested person as trustee of the creditors and stockholders. The trustee shall receive a compensation for the trustee’s services to be fixed by the court.
[1911 CPA § 729; RL § 5671; NCL § 9218]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.180 - Suit on trustee’s bond.

Suit may be brought on the bond of the trustee by any person injured by the negligence or wrongful act of the trustee in the discharge of the trustee’s duties.
[1911 CPA § 731; RL § 5673; NCL § 9220]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.200 - Court shall order books and effects delivered to trustee.

The court shall, upon an application for that purpose, order an officer of such corporation, or any other person having possession of any of the effects, books or papers of the corporation, in anywise necessary for the settlement of its affairs, to deliver the same to the trustee.
[1911 CPA § 733; RL § 5675; NCL § 9222]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.210 - Trustee to file sworn inventory with clerk.

As soon as practicable after the trustee’s appointment, the trustee shall make and file, in the office of the clerk of the court, an inventory of all the effects, rights and credits which come to the trustee’s possession or knowledge, the truth of which inventory shall be sworn to.
[1911 CPA § 734; RL § 5676; NCL § 9223]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.220 - Responsibilities of trustee.

The trustee shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come into the trustee’s hands, in the same manner as though the trustee were the executor of the estate of a deceased person.
[1911 CPA § 735; RL § 5677; NCL § 9224]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.230 - Liability of corporation directors when judgment of ouster rendered.

When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by anyone injured thereby.
[1911 CPA § 736; RL § 5678; NCL § 9225]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.240 - Penalty for refusal to obey order of court.

Any person who, without good reason, refuses to obey an order of the court, as provided in this chapter, shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding $5,000, and imprisoned in the county jail until the person complies with the order, and shall be further liable for the damages resulting to any other person on account of the person’s refusal to obey such order.
[1911 CPA § 737; RL § 5679; NCL § 9226]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.250 - Actions in quo warranto take precedence.

Actions under this chapter in any court shall have precedence of any civil business pending therein; and the court, if the matter is of public concern, shall, on motion of the Attorney General, or of the attorney of the party, require as speedy a trial of the merits of the case as may be consistent with the rights of the parties.
[1911 CPA § 738; RL § 5680; NCL § 9227]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.260 - Procedure in appellate court same as in district court; determination of issue of fact to be tried by jury in district court.

Actions under this chapter commenced in the Court of Appeals or the Supreme Court shall be conducted in the same manner as if commenced in the district court, and the Clerk of the Supreme Court shall have the same authority to issue process and to enter orders and judgments as the clerk of the district court has in like cases. All pleadings and the conduct of the trial shall be the same as in the district court. If a jury is required to determine an issue of fact, the Court of Appeals or the Supreme Court shall order the question to be tried before a jury in the district court of any county designated in such order, and that the verdict be certified to the Court of Appeals or to the Supreme Court, as applicable.
[1911 CPA § 739; RL § 5681; NCL § 9228]—(NRS A 2013, 1744)
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › NRS 35.270 - Appeal does not stay judgment of ouster.

If the action is commenced in the district court, an appeal may be taken from the final judgment by either party to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, as in other cases; but if there is judgment of ouster against the defendant, there shall be no stay of execution or proceedings pending such appeal.
[1911 CPA § 740; RL § 5682; NCL § 9229]—(NRS A 2013, 1744)
2023 Nevada Revised Statutes › Chapter 36 - Provisional Remedies on Behalf of Defendant › NRS 36.010 - Defendant asking affirmative relief may have provisional remedies.

When the defendant interposes a counterclaim, and thereupon demands an affirmative judgment against the plaintiff, the defendant’s right to a provisional remedy is the same as in an action brought by the defendant against the plaintiff, for the cause of action stated in the counterclaim, and demanding the same judgment; and for the purpose of applying to such a case the provisions of NRS relating to provisional remedies, the defendant is deemed the plaintiff, the plaintiff is deemed the defendant, and the counterclaim so set forth in the answer is deemed the complaint.
[1911 CPA § 252; RL § 5194; NCL § 8750]
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › NRS 37.009 - Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Date of valuation" means the date on which the value of the property actually taken, and the damages, if any, to the remaining property, must be determined.
2. "Final judgment" means a judgment which cannot be directly attacked by appeal, motion for new trial or motion to vacate the judgment.
3. "Judgment" means the judgment determining the right to condemn property and fixing the amount of compensation to be paid by the plaintiff.
4. "Partnership" includes a limited partnership.
5. "Person" includes a government, governmental agency or political subdivision of a government.
6. "Value" means the highest price, on the date of valuation, that would be agreed to by a seller, who is willing to sell on the open market and has reasonable time to find a purchaser, and a buyer, who is ready, willing and able to buy, if both the seller and the buyer had full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. In determining value, except as otherwise provided in this subsection, the property sought to be condemned must be valued at its highest and best use without considering any future dedication requirements imposed by the entity that is taking the property. If the property is condemned primarily for a profit-making purpose, the property sought to be condemned must be valued at the use to which the entity that is condemning the property intends to put the property, if such use results in a higher value for the property.
(Added to NRS by 1959, 596; A 1989, 548; 1993, 525; 1995, 501; 2007, 331)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › NRS 37.0095 - Persons or agencies who may exercise power of eminent domain; exceptions.

1. Except as otherwise provided in subsection 2, only a public agency may exercise the power of eminent domain pursuant to the provisions of this chapter.
2. Except as otherwise provided in NRS 37.0097, the power of eminent domain may be exercised by a person who is not a public agency pursuant to NRS 37.230 and paragraphs (g), (i), (k) and (n) of subsection 1 of NRS 37.010.
3. As used in this section, "public agency" means an agency or political subdivision of this State or the United States.
(Added to NRS by 1997, 1224; A 1999, 433; 2007, 332; 2011, 57)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › NRS 37.0097 - Unit-owners’ association may not exercise power of eminent domain.

1. A unit-owners’ association may not exercise the power of eminent domain pursuant to the provisions of this chapter.
2. As used in this section, "unit-owners’ association" has the meaning ascribed to it in NRS 116.011 or 116B.030.
(Added to NRS by 1997, 3125; A 2007, 2277)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 exercised, exercise the power of eminent domain for the purpose of providing necessary access for the owners or occupants thereof to ranges and grazing lands.
(Added to NRS by 1969, 224)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 take the fee to the whole of a particular parcel of land whenever the acquisition of the portion thereof actually needed would leave the remainder of such parcel in such irregular shape, uneconomical size, utility or condition as to be of little value or would give rise to claims or litigation concerning damages which, when added to the compensation for the portion taken, would equal or exceed the value of the parcel as a whole.
[1911 CPA § 665; RL § 5607; NCL § 9154]—(NRS A 1969, 1051)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 private property which may be taken under this chapter includes:
(a) All real property belonging to any person, company or corporation.
(b) Lands belonging to the State, or to any county, or incorporated city or town, not appropriated to some public use.
(c) Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.
(d) Franchises for toll roads, toll bridges, ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public use.
(e) All rights-of-way for any and all purposes mentioned in NRS 37.010, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed, or intersected by any other right-of-way or improvement or structure thereon. They shall also be subject to a limited use in common with the owner thereof, when necessary; but such uses of crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury.
(f) All classes of private property not enumerated may be taken for public use when such taking is authorized by law.
2. Notwithstanding any other provision of law, a local government shall not enter into an agreement with any person for the purpose of exercising the power of eminent domain to take a mortgage, deed of trust or mortgage lien on private property or any note secured by a mortgage, deed of trust or mortgage lien on private property.
[1911 CPA § 666; RL § 5608; NCL § 9155]—(NRS A 2015, 801)
2023 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)
2023 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)
2023 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)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 that is more than 40 acres in area for the purpose of open-space use unless:
(a) Before the governing body of the agency votes to commence an action in eminent domain to acquire the property, the agency has negotiated with the owner of the property, in good faith, for a period of not less than 24 months beginning on the date on which the agency provided the written offer of compensation to the owner of the property pursuant to subsection 2, to reach an agreement regarding the amount of compensation to be paid for the property;
(b) The use of property for the purpose of open-space use conforms with any applicable provisions of the applicable:
(1) Master plan adopted pursuant to chapter 278 of NRS;
(2) Zoning regulations adopted pursuant to chapter 278 of NRS; and
(3) Open-space plan adopted pursuant to chapter 376A of NRS;
(c) Each acre of the property is necessary for the purpose of open-space use and will be devoted to open-space use for not less than 50 years; and
(d) If the agency is seeking to acquire water rights appurtenant to the property, the agency uses the water beneficially on the property for the purpose of open-space use.
2. To satisfy the requirement to have negotiated with the owner of the property in good faith, pursuant to paragraph (a) of subsection 1, an agency must, at a minimum:
(a) Provide to the owner of the property, by personal delivery or by certified mail, return receipt requested, a written offer of compensation that includes:
(1) A copy of the appraisal report upon which the offer of compensation is based;
(2) A detailed description of the nature of the intended use of each acre of the property and the specific reasons for the necessity of acquiring each acre of the property for the purpose of open-space use;
(3) If the agency is seeking to acquire any water rights appurtenant to the property, a detailed description of the intended beneficial use of the water rights on the property and the specific reasons for the necessity of acquiring the water rights; and
(4) The value of the property, plus damages, if any, as appraised by the agency; and
(b) Attempt to engage in meaningful negotiations with the owner of the property at least once per calendar month during the period described in paragraph (a) of subsection 1.
3. As used in this section:
(a) "Agency" means the State of Nevada, any political subdivision of the State or any other governmental entity that possesses the power of eminent domain.
(b) "Open-space plan" has the meaning ascribed to it in NRS 376A.010.
(c) "Open-space use" means the use of property:
(1) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment; or
(2) To protect, conserve or preserve wildlife habitat.
(Added to NRS by 2005, 1786, 2218)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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]
2023 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)
2023 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)
2023 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)
2023 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)
2023 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]
2023 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)
2023 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)
2023 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)
2023 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)
2023 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]
2023 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)
2023 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)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, whenever the plaintiff has paid into court for the defendant the full amount of the judgment, and such further sum as may be required by the court as a fund to pay any further damages and costs that may be recovered in the proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property is not finally taken for public use, the plaintiff, if already in possession, may continue therein, and if not, the court shall, upon motion of the plaintiff, authorize the plaintiff to take possession of and use the property during the pendency of and until the final conclusion of the litigation, and shall, if necessary, stay all actions and proceedings against the plaintiff on account thereof. The plaintiff must not be held to have abandoned or waived the right to appeal from the judgment by paying into court the amount of the judgment and such further sum as may be required by the court and taking possession of the property pursuant to this subsection.
2. The defendant, who is entitled to the money paid into court for the defendant upon any judgment, is entitled to demand and receive that money at any time after obtaining an order therefor from the court. The court or judge thereof shall, upon application being made by the defendant and notice to all parties, order and direct that the money so paid into court be delivered to the defendant upon the defendant’s filing a satisfaction of the judgment, or upon the defendant’s filing a receipt for the money and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that the defendant may be entitled to if a new trial is granted. A payment to a defendant pursuant to this subsection shall be deemed to be an abandonment by that defendant of all defenses interposed by the defendant excepting his or her claim for greater compensation.
3. If the amount of the compensation awarded upon final judgment exceeds the sum paid into court, the court shall enter judgment against the plaintiff and in favor of the defendant for the amount of the excess plus interest. If the amount of the compensation awarded upon final judgment is less than the sum paid into court and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess plus interest.
[1911 CPA § 680; RL § 5622; NCL § 9169]—(NRS A 1959, 597; 1960, 420; 1965, 995; 1973, 152; 1989, 634; 2013, 1744)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 sum of the amount awarded for the taking and any damages awarded for the severance of the property, excluding costs and attorney’s fees, from the date ordered by the district court pursuant to paragraph (a) of subsection 4 until the date the judgment is satisfied, at the rate provided in paragraph (b) of subsection 4.
2. The plaintiff is not required to pay interest on any amount deposited pursuant to the provisions of NRS 37.100 or 37.170.
3. No interest is required to be paid for the period from the date of a trial which is continued past 2 years after the date of the first service of the summons, until the date of entry of judgment, if the continuance was caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants. As used in this subsection, "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 defendants, that would cause the trial to be continued past 2 years after the date of the first service of the summons.
4. The court shall determine, in a posttrial hearing, the award of interest and award as interest the amount of money which will put the person from whom the property is taken in as good a position monetarily as if the property had not been taken. The district court shall enter an order concerning:
(a) The date on which the computation of interest will commence;
(b) The rate of interest to be used to compute the award of interest, which must not be less than the prime rate of interest plus 2 percent; and
(c) Whether the interest will be compounded annually.
(Added to NRS by 1960, 421; A 1967, 816; 1979, 830; 1981, 1859; 1987, 940; 1991, 1642; 1999, 3534; 2007, 336)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 court a written notice of abandonment. Upon that abandonment, on motion of any party, a judgment must be entered dismissing the proceedings and awarding the defendants their costs and disbursements, which must include all necessary expenses incurred in preparing for trial and reasonable attorney fees. Those costs and disbursements may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions, except that, upon a judgment of dismissal on motion of the plaintiff, any defendant may file a cost bill within 30 days after notice of entry of that judgment.
2. If the plaintiff has been placed in possession of the premises under the provisions of NRS 37.100 or 37.170, the defendant is entitled to all damages arising from that occupancy of the abandoned property.
[1911 CPA § 681.5; added 1955, 284]—(NRS A 1959, 597; 1965, 996; 1973, 152; 1989, 635)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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. This section does not apply in an inverse condemnation action if the owner of the property that is the subject of the action makes a request for attorney’s fees from the other party to the action.
(Added to NRS by 2007, 331)
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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 in the proceedings in this chapter.
[1911 CPA § 682; RL § 5624; NCL § 9171]
2023 Nevada Revised Statutes › Chapter 37 - Eminent Domain › 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]