Nev. Rev. Stat. § 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 or mortgage lien

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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 or mortgage lien.

1. The private property which may be taken under this chapter includes:

(a) All real property belonging to any person, company or corporation.

(b) Lands belonging to the State, or to any county, or incorporated city or town, not appropriated to some public use.

(c) Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.

(d) Franchises for toll roads, toll bridges, ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public use.

(e) All rights-of-way for any and all purposes mentioned in NRS 37.010, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed, or intersected by any other right-of-way or improvement or structure thereon. They shall also be subject to a limited use in common with the owner thereof, when necessary; but such uses of crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury.

(f) All classes of private property not enumerated may be taken for public use when such taking is authorized by law.

2. Notwithstanding any other provision of law, a local government shall not enter into an agreement with any person for the purpose of exercising the power of eminent domain to take a mortgage, deed of trust or mortgage lien on private property or any note secured by a mortgage, deed of trust or mortgage lien on private property.

[1911 CPA § 666; RL § 5608; NCL § 9155]—(NRS A 2015, 801)

Notes of Decisions

Cited in 3 cases, 1961–2007 · leading case: ASAP Storage, Inc. v. City of Sparks

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ASAP Storage, Inc. v. City of Sparks (2007) nev · cites it 2× “[8] See NRS 37.030(1); Sisolak, <a href="/opinion/2633522/mccarran-international-airport-v-sisolak/#675" aria-description="Citation for case: McCarran International Airport v.”

NL Industries, Inc. v. Eisenman Chemical Co. (1982) nev · cites it 3× “*259 NRS 37.030(3) permits condemnation of property already appropriated for public use if a more necessary public use is contemplated by the condemnor.”

Las Vegas Valley Water District v. Michelas (1961) nev “(NRS, Chapter 704, “Regulation of Public Utilities Generally”) 2 We are compelled to reject Michelas’ insistent and repeated contention that not only the Act of 1947 but Chapter 37 NRS on the subject of eminent domain (NRS 37.030 and NRS 37.010) require condemnation and the…”

— Nev. Rev. Stat. § 37.030(1) — 1 case

ASAP Storage, Inc. v. City of Sparks (2007) nev “[8] See NRS 37.030(1); Sisolak, <a href="/opinion/2633522/mccarran-international-airport-v-sisolak/#675" aria-description="Citation for case: McCarran International Airport v.”

— Nev. Rev. Stat. § 37.030(3) — 1 case

NL Industries, Inc. v. Eisenman Chemical Co. (1982) nev “*259 NRS 37.030(3) permits condemnation of property already appropriated for public use if a more necessary public use is contemplated by the condemnor.”

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