Nevada Code § 37.110

Ascertainment and assessment of damages
Open in Lexace · Ask the AI about this section
The court, jury, commissioners or master must
hear such legal testimony as may be offered by any of the parties to the
proceedings, and thereupon must ascertain and assess:
1. The value of the property sought to be
condemned and all improvements thereon pertaining to the realty, and of each
and every separate estate or interest therein; if it consists of different
parcels, the value of each parcel and of each estate or interest therein shall
be separately assessed.
2. If the property sought to be condemned
constitutes only a part of a large parcel, the damages which will accrue to the
portion not sought to be condemned, by reason of its severance from the portion
sought to be condemned, and the construction of the improvement in the manner
proposed by the plaintiff.
3. If the property, though no part thereof
is taken, will be damaged by the construction of the proposed improvement, the
amount of such damages.
4. Separately, how much the portion not
sought to be condemned, and each estate or interest therein, will be benefited,
if at all, by the construction of the improvement proposed by the plaintiff;
and if the benefit shall be equal to the damages assessed, under subsection 2
of this section, the owner of the parcel shall be allowed no compensation
except the value of the portion taken; but if the benefit shall be less than
the damages so assessed, the former shall be deducted from the latter, and the
remainder shall be the only damages allowed in addition to the value of the
portion taken.
5. If the property sought to be condemned
be for a railroad, the cost of good and sufficient fences along the line of
such railroad between such railroad and other adjoining lands of the defendant;
and the costs of cattle guards where fences may cross the line of such
railroads.
As far as
practicable, compensation must be assessed for each source of damages
separately.

‹ 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.