Nevada Revised Statutes

Nev. Rev. Stat. § 37.115 (2026)

Distribution of award among joint defendants by separate proceeding

✓ current as of July 2026

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NRS 37.115 Distribution of award among joint defendants by separate proceeding. Where there are two or more estates or divided interests property sought to be condemned, the plaintiff is entitled to have the amount of the award for such property first determined as between plaintiff and all defendants claiming any interest therein. The respective rights of such defendants in and to such award shall be determined by the court, jury, or master in a later and separate hearing in the same proceeding and the amount apportioned by order accordingly.

(Added to NRS by 1965, 997; A 1967, 815)

Notes of Decisions

Cited in 4 cases, 1974–2017 · leading case: Cnty. of Clark v. Sun State Props., Ltd., 72 P.3d 954 (Nev. 2003).

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Cnty. of Clark v. Sun State Props., Ltd., 72 P.3d 954 (Nev. 2003). · cites it 37× “At the conclusion of the trial, the County argued that under NRS 37.115, the district court was required to use the undivided-fee rule, whereby the property is valued under the statutory definition of fair market value, and then, in a subsequent hearing, the court is required to…”

State, Dep't. of Transp. v. Cowan, 103 P.3d 1 (Nev. 2004). · cites it 2× “Sun State Properties, we held that NRS 37.115 codifies the undivided-fee rule, by which the condemned property is first valued as though it were unencumbered and then the total award is apportioned among the various interests.”

Eikelberger v. Tolotti, 530 P.2d 105 (Nev. 1974). “Both entities deposited the compensation funds with the court; all parties agreed to consolidation Of the two actions; and the court, pursuant to NRS 37.115, ruled that respondents, as fee owners, were entitled to all of the funds.”

City of N. Las Vegas v. Dist. Ct. (5th & Brooks, LLC) (Nev. 2017). · cites it 2× “However, the exact ownership interests do not need to be resolved at this stage of the proceedings involving CNLV as NRS 37.115 allows CNLV to condemn and obtain valuation of the 18-acre property as a whole in a first and separate proceeding before a later proceeding to…”

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