1. The plaintiff may abandon the proceedings at any time after filing the complaint and before the expiration of 30 days after final judgment by serving on defendants and filing in court a written notice of abandonment. Upon that abandonment, on motion of any party, a judgment must be entered dismissing the proceedings and awarding the defendants their costs and disbursements, which must include all necessary expenses incurred in preparing for trial and reasonable attorney fees. Those costs and disbursements may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions, except that, upon a judgment of dismissal on motion of the plaintiff, any defendant may file a cost bill within 30 days after notice of entry of that judgment.
2. If the plaintiff has been placed in possession of the premises under the provisions of NRS 37.100 or 37.170, the defendant is entitled to all damages arising from that occupancy of the abandoned property.
[1911 CPA § 681.5; added 1955, 284]—(NRS A 1959, 597; 1965, 996; 1973, 152; 1989, 635)
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.