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]
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.