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)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 37 - Eminent Domain

NRS 37.009 - Definitions.

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 37.015 - Necessary access for owners, occupants of ranges, grazing lands: Exercise of power of eminent domain.

NRS 37.020 - Estates in property subject to condemnation.

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...

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.

NRS 37.036 - Rights of owner of monorail; acquirer shall hold owner and operator harmless from liability.

NRS 37.038 - Conditions precedent to taking property within historic district.

NRS 37.039 - Conditions precedent to acquiring certain parcels of property for purpose of open-space use.

NRS 37.040 - Conditions precedent to entry of judgment of condemnation; findings.

NRS 37.050 - Location of and entry upon land; damages.

NRS 37.055 - Eminent domain proceedings take precedence over certain other proceedings and must be quickly heard and determined.

NRS 37.060 - Verified complaint filed in district court in county in which property is situated; notice of pending litigation; effect.

NRS 37.070 - Contents of complaint; inclusion of separate parcels in same or separate 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 37.095 - Restrictions concerning appraisal of real property.

NRS 37.100 - Plaintiff shall give property owner a copy of all appraisals before obtaining possession; motion by plaintiff for order permitting occupancy pending entry of judgment; notice; determination of public use at hearing; proof; bond or deposi...

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; exception; just compensation.

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; 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 37.240 - 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 - Reversion of property upon repayment of original purchase price; conditions.

NRS 37.280 - Distribution of interest earned from investment of money deposited in court.