NRS 340.160 Declaration of taking: Filing by petitioner; sufficiency; effect; duties of court.

435 words·~2 min read·/nv/chapter-340-eminent-domain-expeditious-procedure/340-160·

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

1. At any time at or after the filing of the petition referred to in NRS 340.050 , and before the entry of final judgment, the petitioner may file with the clerk of the court a declaration of taking, signed by the authorized officer or agent of the petitioner, declaring that all or any part of the property described in the petition is to be taken for the use of the petitioner.

2. The declaration of taking is sufficient if it sets forth:

(a)A description sufficient to identify the property. The description may include a plat or map of the property.

(b)A statement of the estate or interest in the property being taken.

(c)A statement of the sum of money estimated by the petitioner to be just compensation for the property taken.

3. Upon the filing of the declaration of taking and the deposit in court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property specified in the declaration vests in the petitioner, the property shall be deemed to be condemned and taken for the use of the petitioner and the right to just compensation for the taking of that property vests in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding 30 days after the filing, except upon good cause shown, on which the parties in possession are required to surrender possession to the petitioner.

If the petitioner is an authorized corporation, the court, before directing surrender of possession to the petitioner, shall require such security to be given, in addition to the amount deposited in court, as will reasonably assure the payment of any amount ultimately determined as the compensation to be paid.

4. The ultimate amount of compensation must be fixed pursuant to the provisions of this chapter. If the amount so fixed exceeds the amount so deposited in court by the petitioner, the court shall enter judgment against the petitioner in the amount of the deficiency, together with interest at the rate of 6 percent per annum on the deficiency from the date of the vesting of title to the date of the entry of the final judgment, subject to abatement for use, income, rents or profits derived from that property by the owner thereof subsequent to the vesting of title in the petitioner, and the court shall order the petitioner to deposit the amount of the deficiency in court.