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)
Structure Nevada Revised Statutes
NRS 37.0095 - Persons or agencies who may exercise power of eminent domain; exceptions.
NRS 37.0097 - Unit-owners’ association may not exercise power of eminent domain.
NRS 37.010 - Public uses for which eminent domain may be exercised.
NRS 37.020 - Estates in property subject to condemnation.
NRS 37.038 - Conditions precedent to taking property within historic district.
NRS 37.040 - Conditions precedent to entry of judgment of condemnation; findings.
NRS 37.050 - Location of and entry upon land; damages.
NRS 37.070 - Contents of complaint; inclusion of separate parcels in same or separate proceedings.
NRS 37.080 - All parties in interest may appear.
NRS 37.083 - Default of defendant: Entry; effect.
NRS 37.095 - Restrictions concerning appraisal of real property.
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 37.130 - 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 37.175 - Interest paid by plaintiff; posttrial hearing to determine award of interest.
NRS 37.180 - Abandonment of condemnation proceedings; defendant’s damages for plaintiff’s occupancy.
NRS 37.185 - Party not liable for attorney’s fees of other party; exception.
NRS 37.200 - Rules of practice.
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 37.270 - Reversion of property upon repayment of original purchase price; conditions.
NRS 37.280 - Distribution of interest earned from investment of money deposited in court.