NRS 279.471 Requirements for agency to exercise power of eminent domain; resolutions; limited judicial review.

394 words·~2 min read·/nv/chapter-279-redevelopment-of-communities/279-471·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in this subsection, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for each individual parcel of property to be acquired by eminent domain. An agency may exercise the power of eminent domain to acquire a parcel of property that is not blighted for a redevelopment project if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for at least two-thirds of the property within the redevelopment area at the time the redevelopment area was created.

2. In addition to the requirement set forth in subsection 1, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if:

(a)The property sought to be acquired is necessary to carry out the redevelopment plan;

(b)The agency has adopted a resolution of necessity that complies with the requirements set forth in subsection 3; and

(c)The agency has complied with the provisions of NRS 279.4712 .

3. A resolution of necessity required pursuant to paragraph

(b)of subsection 2 must set forth:

(a)A statement that the property will be acquired for purposes of redevelopment as authorized pursuant to paragraph

(o)of subsection 1 of NRS 37.010 and subsection 2 of NRS 279.470 ;

(b)A reasonably detailed description of the property to be acquired;

(c)A finding by the agency that the public interest and necessity require the acquisition of the property;

(d)A finding by the agency that acquisition of the property will be the option for redevelopment that is most compatible with the greatest public good and the least private injury; and

(e)A finding by the agency that acquisition of the property is necessary for purposes of redevelopment.

4. After an agency adopts a resolution pursuant to subsection 1 or 2, the resolution so adopted and the findings set forth in the resolution are final and conclusive and are not subject to judicial review unless credible evidence is adduced to suggest that the resolution or the findings set forth therein were procured through bribery or fraud.