ate proceedings. NRS 37.075 Summons. NRS 37.080 All parties in interest may appear. NRS 37.083 Default of defendant: Entry; effect. NRS 37.085 Hearing after defendant’s default: Determination of value and damages by court; judgment. NRS 37.090 Power of court. NRS 37.100 Motion by plaintiff for order permitting occupancy pending entry of judgment; notice, hearing and proof; bond or deposit in court; defendant may be restrained. NRS 37.110 Ascertainment and assessment of damages. NRS 37.111 Additional compensation for loss of goodwill. NRS 37.112 Valuation of property subject to condemnation as result of public work or project. NRS 37.115 Distribution of award among joint defendants by separate proceeding. NRS 37.120 Assessment of compensation and damages: Date of valuation; exceptions. NRS 37.130 New proceedings may be instituted when title found defective. NRS 37.140 Damages to be paid within 30 days after judgment; bond for railroad fence. NRS 37.150 Award deposited in court; execution; when proceedings may be annulled. NRS 37.160 Entry of final order of condemnation on deposit of award; recording; when title vests. 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. NRS 37.175 Interest paid by plaintiff. NRS 37.180 Abandonment of condemnation proceedings; defendant’s damages for plaintiff’s occupancy. NRS 37.190 Costs: Allowance and apportionment. NRS 37.200 Rules of practice. MISCELLANEOUS PROVISIONS NRS 37.210 Rights of cities and towns not affected. NRS 37.220 Crossings to be made and kept in repair. NRS 37.230 Condemnation by railroad companies. NRS 37.240 Two railroad companies may have right-of-way over same passes; change and expense of reconstruction of public highway. NRS 37.250 Right of eminent domain granted to nonresident or foreign corporations or partnerships; conditions. NRS 37.260 Disposal of real property and improvements acquired by exercise of power of eminent domain: Procedure; presumption; conveyance. NRS 37.270 Right of first refusal to purchase property acquired by governmental entity: Conditions; purchase price; exceptions. [Effective through June 30, 2007.] NRS 37.270 Right of first refusal to purchase property acquired by governmental entity: Conditions; purchase price. [Effective July 1, 2007.] _________ GENERAL PROVISIONS 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 most probable price which a property would bring in a competitive and open market under the conditions of a fair sale, without the price being affected by undue stimulus, whereby the sale is consummated on a specified date and the title to the property is passed from the seller to the buyer under the following conditions: (a) The buyer and seller are acting prudently and knowledgeably; (b) The buyer and seller are typically motivated; (c) The buyer and seller are well informed or well advised and acting in what they consider are their own best interests; (d) A reasonable time is allowed to expose the property for sale on the open market; (e) Payment is made with United States dollars in cash or pursuant to another financial arrangement comparable thereto; and (f) The sale price represents the normal consideration for the property and is unaffected by special or creative financing or sales concessions granted by any person associated with the sale. (Added to NRS by 1959, 596; A 1989, 548; 1993, 525; 1995, 501) APPLICABILITY OF CHAPTER 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 subsections 6, 8, 10, 13 and 16 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) 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. (Added to NRS by 1997, 3125) SCOPE OF POWER NRS 37.010 Public purposes for which right of eminent domain may be exercised. Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public purposes: 1. Federal activities. All public purposes authorized by the Government of the United States. 2. State activities. Public buildings and grounds for the use of the State, the Nevada System of Higher Education and all other public purposes authorized by the Legislature. 3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof. 4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation. 5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable. 6. Mining, smelting and related activities. Mining, smelting and related activities as follows: (a) Mining and related activities, which are recognized as the paramount interest of this State. (b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes, reservoirs, dams, water gates, canals, aqueducts and dumping places to facilitate the milling, smelting or other reduction of ores, the working, reclamation or dewatering of mines

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