Nevada Code § 340.160

Declaration of taking: Filing by petitioner; sufficiency; effect; duties of court
Open in Lexace · Ask the AI about this section
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.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.