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 deposit in court; defendant may be restrained.
1. Before the plaintiff obtains possession
of the property, the plaintiff shall give to the owner of the property a copy
of all appraisals of the property obtained by the plaintiff.
2. The plaintiff may move the court or a
judge thereof at any time after the commencement of suit, on notice for such
time as the court or judge may direct to the defendant if the defendant is a
resident of the county or has appeared in the action, otherwise by serving a
notice directed to the defendant on the clerk of the court, for an order
permitting the plaintiff to occupy the premises sought to be condemned, pending
the entry of judgment, and to do such work thereon as may be required for the
easement, fee or property rights sought, according to its nature.
3. At the occupancy hearing, the court
shall make a separate and distinct determination as to whether the property is
being taken for a public use pursuant to NRS
37.010, if the defendant requests such a determination.
4. If the defendant does not request a
determination pursuant to subsection 3 or if the court determines that the
property is being taken for a public use pursuant to NRS 37.010, the court or judge shall take
proof, by affidavit or otherwise, of the value of the premises sought to be
condemned, the damages which will accrue from the condemnation and the reasons
for requiring a speedy occupation, and shall grant or refuse the motion
according to the equity of the case and the relative damages which may accrue
to the parties.
5. If the motion is granted, the court or
judge shall require the plaintiff to execute and file in court a bond to the
defendant, with sureties, to be approved by the court or judge in a penal sum
to be fixed by the court or judge, not less than double the value of the
premises sought to be condemned and the damages which will ensue from
condemnation and occupation, as the value and damages may appear to the court
or judge on the hearing, and conditioned to pay the adjudged value of the
premises and all damages if the property is condemned, and to pay all damages
arising from occupation before judgment if the premises are not condemned, and
all costs adjudged to the defendant in the action. The sureties shall justify
before the court or judge, after a reasonable notice to the defendant of the
time and place of justification.
6. In lieu of a bond the plaintiff, with
the consent of the court, may deposit with the clerk of the court a sum equal
to the value of the premises plus damages, as appraised by the plaintiff. Upon
application of the defendant and upon notice to all parties, the court or judge
may order the money deposited with the clerk of the court or any part thereof
to be paid to the defendant. If the amount of the compensation awarded upon
judgment is less than the sum deposited and paid to the defendant, the court
shall enter judgment in favor of the plaintiff and against the defendant for
the amount of the excess. Application by the defendant to the court for
withdrawal of part or all of the money deposited and the payment of that money
to the defendant does not prejudice the right of the defendant to contest the
amount of compensation to be finally awarded. The receipt by the defendant of a
part or all of the money deposited must be conditioned upon the waiver of all
defenses except those relating to the amount of compensation.
7. The amount of the penal bond or the
deposit is for the purpose of the motion only and is not admissible in evidence
on final hearing.
8. The court or judge may also restrain
the defendant from hindering or interfering with the occupation of the premises
and the doing thereon of the work required for the easement, fee or property
rights.
9. The provisions of this section
requiring the execution and filing of a bond do not apply in any action or
proceeding in which the State of Nevada is the plaintiff, but the public faith
and credit of the State of Nevada is hereby pledged as security in lieu of the
bond. The provisions of this subsection do not prevent the State of Nevada from
depositing, in lieu of a pledge of the public faith and credit, with the clerk
of the court a sum equal to the value of the premises plus any damages as
appraised by the State.
[1911 CPA § 673; A 1955,
284]—(NRS A 1957,
140; 1959,
596; 1960,
419; 1963,
307; 1967,
814; 1973,
151; 1989,
633; 2007,
334)
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1959–2024 · leading case:
Musser v. Bank of Am., 964 P.2d 51 (Nev. 1998).
Musser v. Bank of Am., 964 P.2d 51 (Nev. 1998).
· cites it 2× “All parties stipulated to immediate occupancy by the county on the condition that the county place a deposit with the Clerk of the Court pursuant to NRS 37.100(4). A controversy and lawsuit immediately arose between the Owners and the Worthen, Loveless and Musser parties…”
Moldon v. Cnty. of Clark, 188 P.3d 76 (Nev. 2008).
· cites it 3× “Notwithstanding a waiver of all defenses in the eminent domain action, except those relating to the amount of compensation, the Moldons had the ability, with the court’s permission, to withdraw the condemnation deposit during the pendency of the eminent domain action under…”
City of Sparks v. Armstrong, 748 P.2d 7 (Nev. 1987).
· cites it 2× “The plaintiff shall pay interest on the final judgment at the rate of 12 per cent per annum, but shall not pay interest on any sum deposited pursuant to the provisions of NRS 37.100 or 37.170. 2. The interest runs from the date of entry of judgment or, if the plaintiff has…”
NL Indus., Inc. v. Eisenman Chem. Co., 645 P.2d 976 (Nev. 1982).
· cites it 2× “The district court issued the order pursuant to NRS 37.100, which provides for immediate occupancy pending judgment in a condemnation proceeding if the equities favor the plaintiff and if the relative damages which may accrue indicate a need for immediate relief.”
First W. Fin. Corp. v. Vegas Cont'l, 692 P.2d 1279 (Nev. 1984).
· cites it 2× “The state moved for immediate occupancy pursuant to NRS 37.100. The district court granted this motion contingent upon the deposit with its clerk of the property’s appraised value of $162,500.”
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
· cites it 8× “After filing the complaint, NV Energy moved for immediate occupancy under NRS 37.100. Negotiations ensued and the parties entered into a stipulation and order for immediate occupancy, conditioned on NV Energy depositing $281,000 with the district court.”
Clark Cnty. v. HQ Metro, LLC, 2018 NV 56 (Nev. 2018).
· cites it 5× “After filing the complaint, NV Energy moved for immediate occupancy under NRS 37.100. Negotiations ensued and the parties entered into a stipulation and order for immediate occupancy, conditioned on NV Energy depositing $281,000 with the district court.”
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
· cites it 4× “After filing the complaint, NV Energy moved for immediate occupancy under NRS 37.100. Negotiations ensued and the parties entered into a stipulation and order for immediate occupancy, conditioned on NV Energy depositing $281,000 with the district court.”
LaPratt v. City of North Las Vegas, 535 P.2d 795 (Nev. 1975).
“NRS 37.100. We therefore reverse and remand the case with instructions to the court below to have a trial for the purpose of assessing the value of the property sought to be condemned, and thereafter to enter an appropriate order of condemnation in accordance with NRS chapter 37.”
— Nev. Rev. Stat. § 37.100(2) — 4 cases
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
“After filing the complaint, NV Energy moved for immediate occupancy under NRS 37.100. Negotiations ensued and the parties entered into a stipulation and order for immediate occupancy, conditioned on NV Energy depositing $281,000 with the district court.”
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
“After filing the complaint, NV Energy moved for immediate occupancy under NRS 37.100. Negotiations ensued and the parties entered into a stipulation and order for immediate occupancy, conditioned on NV Energy depositing $281,000 with the district court.”
Clark Cnty. v. HQ Metro, LLC, 2018 NV 56 (Nev. 2018).
“After filing the complaint, NV Energy moved for immediate occupancy under NRS 37.100. Negotiations ensued and the parties entered into a stipulation and order for immediate occupancy, conditioned on NV Energy depositing $281,000 with the district court.”
— Nev. Rev. Stat. § 37.100(3) — 1 case
— Nev. Rev. Stat. § 37.100(4) — 3 cases
Musser v. Bank of Am., 964 P.2d 51 (Nev. 1998).
“All parties stipulated to immediate occupancy by the county on the condition that the county place a deposit with the Clerk of the Court pursuant to NRS 37.100(4). A controversy and lawsuit immediately arose between the Owners and the Worthen, Loveless and Musser parties…”
Moldon v. Cnty. of Clark, 188 P.3d 76 (Nev. 2008).
“Notwithstanding a waiver of all defenses in the eminent domain action, except those relating to the amount of compensation, the Moldons had the ability, with the court’s permission, to withdraw the condemnation deposit during the pendency of the eminent domain action under…”
First W. Fin. Corp. v. Vegas Cont'l, 692 P.2d 1279 (Nev. 1984).
“The state moved for immediate occupancy pursuant to NRS 37.100. The district court granted this motion contingent upon the deposit with its clerk of the property’s appraised value of $162,500.”
— Nev. Rev. Stat. § 37.100(6) — 1 case
Moldon v. Cnty. of Clark, 188 P.3d 76 (Nev. 2008).
“Notwithstanding a waiver of all defenses in the eminent domain action, except those relating to the amount of compensation, the Moldons had the ability, with the court’s permission, to withdraw the condemnation deposit during the pendency of the eminent domain action under…”
— Nev. Rev. Stat. § 37.100(8) — 1 case
Clark Cnty. v. HQ Metro, LLC, 2018 NV 56 (Nev. 2018).
“After filing the complaint, NV Energy moved for immediate occupancy under NRS 37.100. Negotiations ensued and the parties entered into a stipulation and order for immediate occupancy, conditioned on NV Energy depositing $281,000 with the district court.”
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