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)
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.