NRS
37.180 Abandonment of condemnation proceedings; defendant’s damages for
plaintiff’s occupancy.
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)
Notes of Decisions
Gold Ridge Partners v. Sierra Pac. Power Co., 285 P.3d 1059 (Nev. 2012).
· cites it 15× “While we recognize that, by *502 virtue of the parties’ stipulation, the district court entered a final order of condemnation and Sierra Pacific vested title to the property in itself, we cannot conclude that this action rendered the taking complete in light of NRS 37.180’s…”
Valley Elec. Ass'n v. Overfield, 106 P.3d 1198 (Nev. 2005).
“140 authorizes attorney fee awards in actions involving construction of railroad facilities, and NRS 37.180 authorizes fee awards when the condemnor abandons the proceedings.”
City of Reno v. Second Jud. Dist. Court, 440 P.2d 395 (Nev. 1968).
· cites it 7× “On June 28, 1967, Reno filed a notice of abandonment and a motion for judgment dismissing the proceedings pursuant to NRS 37.180. 1 The District Court heard the motions of both parties on July 21, 1967, and on August 8, 1967, entered an order granting Probasco’s motion for…”
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
· cites it 2× “NRS 37.180(1), (2). Abandonment "merely results in an alteration in the property interest taken—from full ownership to one of temporary use and occupation.”
Heidenreich v. Second Jud. Dist. Court, 352 P.2d 249 (Nev. 1960).
· cites it 6× “” NRS 37.180 provides that the plaintiff may abandon the condemnation proceedings' upon notice and motion, upon which judgment may be entered dismissing the proceeding and awarding the defendants their costs and disbursements, including expenses incurred in preparing for trial…”
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
“NRS 37.180(1), (2). Abandonment "merely results in an alteration in the property interest taken—from full ownership to one of temporary use and occupation.”
Clark Cnty. v. HQ Metro, LLC, 2018 NV 56 (Nev. 2018).
“Although a plaintiff may abandon the proceeding at any time until 30 days after the final judgment, if the plaintiff has been placed in possession of the premises under NRS 37.”
— Nev. Rev. Stat. § 37.180(1) — 4 cases
Gold Ridge Partners v. Sierra Pac. Power Co., 285 P.3d 1059 (Nev. 2012).
“While we recognize that, by *502 virtue of the parties’ stipulation, the district court entered a final order of condemnation and Sierra Pacific vested title to the property in itself, we cannot conclude that this action rendered the taking complete in light of NRS 37.180’s…”
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
“NRS 37.180(1), (2). Abandonment "merely results in an alteration in the property interest taken—from full ownership to one of temporary use and occupation.”
Clark Cty. Vs. Hq Metro, LLC, 2018 NV 56 (Nev. 2018).
“NRS 37.180(1), (2). Abandonment "merely results in an alteration in the property interest taken—from full ownership to one of temporary use and occupation.”
Clark Cnty. v. HQ Metro, LLC, 2018 NV 56 (Nev. 2018).
“Although a plaintiff may abandon the proceeding at any time until 30 days after the final judgment, if the plaintiff has been placed in possession of the premises under NRS 37.”
— Nev. Rev. Stat. § 37.180(2) — 1 case
Gold Ridge Partners v. Sierra Pac. Power Co., 285 P.3d 1059 (Nev. 2012).
“While we recognize that, by *502 virtue of the parties’ stipulation, the district court entered a final order of condemnation and Sierra Pacific vested title to the property in itself, we cannot conclude that this action rendered the taking complete in light of NRS 37.180’s…”
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