EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 37 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act:

1-3 Sec. 2. All proceedings under this chapter take precedence over

1-4 other civil proceedings except matters of a similar nature or other

1-5 matters given precedence by law.

1-6 Sec. 3. A person who exercises the powers of eminent domain

1-7 pursuant to this chapter shall comply with any applicable regulations

1-8 adopted by the director of the department of transportation pursuant to

1-9 subsection 2 of NRS 342.105.

1-10 Sec. 4. NRS 37.009 is hereby amended to read as follows:

1-11 37.009 As used in this chapter, unless the context otherwise requires:

1-14 must be determined.

2-1 2. "Final judgment" means a judgment which cannot be directly

2-2 attacked by appeal, motion for new trial or motion to vacate the judgment.

2-3 3. "Judgment" means the judgment determining the right to condemn

2-4 property and fixing the amount of compensation to be paid by the plaintiff.

2-5 4. "Partnership" includes a limited partnership.

2-6 5. "Person" includes a government, governmental agency or political

2-7 subdivision of a government.

2-8 6. "Value" means the [most probable] highest price which a property

2-9 would bring in a competitive and open market under the conditions of a

2-10 fair sale, without the price being affected by undue stimulus, whereby the

2-11 sale is consummated on a specified date and the title to the property is

2-12 passed from the seller to the buyer under the following conditions:

2-13 (a) The buyer and seller are acting prudently and knowledgeably;

2-14 (b) The buyer and seller are typically motivated;

2-15 (c) The buyer and seller are well informed or well advised and acting in

2-16 what they consider are their own best interests;

2-17 (d) A reasonable time is allowed to expose the property for sale on the

2-18 open market;

2-19 (e) Payment is made with United States dollars in cash or pursuant to

2-20 another financial arrangement comparable thereto; and

2-21 (f) The sale price represents the normal consideration for the property

2-22 and is unaffected by special or creative financing or sales concessions

2-23 granted by any person associated with the sale.

2-24 Sec. 5. NRS 37.110 is hereby amended to read as follows:

2-25 37.110 1. The court, jury, commissioners or master must hear such

2-43 construction of the improvement proposed by the plaintiff; and if the

3-1 benefit shall be equal to the damages assessed, under [subsection 2]

3-2 paragraph (b) of this [section,] subsection, the owner of the parcel shall be

3-3 allowed no compensation except the value of the portion taken; but if the

3-4 benefit shall be less than the damages so assessed, the former shall be

3-5 deducted from the latter, and the remainder shall be the only damages

3-6 allowed in addition to the value of the portion taken.

3-7 [5.] (e) If the property sought to be condemned be for a railroad, the

3-8 cost of good and sufficient fences along the line of such railroad between

3-9 such railroad and other adjoining lands of the defendant; and the costs of

3-10 cattle guards where fences may cross the line of such railroads.

3-11 (f) The damages for loss of goodwill of a business conducted on the

3-12 property sought to be condemned or, if the property constitutes only a

3-13 part of a large parcel, on the portion not sought to be condemned, if the

3-14 owner of the business proves:

3-15 (1) The loss is caused by the condemnation;

3-16 (2) The loss cannot reasonably be avoided by the owner through

3-17 relocation or otherwise;

3-18 (3) Compensation for the loss will not be included in payments for

3-19 relocation assistance to the owner, including, without limitation,

3-20 payments for relocation assistance pursuant to chapter 342 of NRS; and

3-21 (4) Compensation for the loss will not be included in compensation

3-22 otherwise awarded to the owner.

3-23 2. As far as practicable, compensation must be assessed pursuant to

3-24 subsection 1 for each source of damages separately.

3-25 3. No party has the burden of proof as to an amount of

3-26 compensation pursuant to subsection 1.

3-27 4. As used in this section, "goodwill" means the value of a business

3-28 over the fair market value of the assets, including, without limitation, the

3-29 value of its location, reputation for dependability, skill or quality, and

3-30 other attributes that promote retention of existing customers or

3-31 acquisition of new customers.

3-32 Sec. 6. NRS 37.120 is hereby amended to read as follows:

3-33 37.120 1. To assess compensation and damages as provided in NRS

3-43 is not caused primarily by the defendant or [, if there is more than one

4-1 defendant, the total delay caused by all the] defendants, the date of

4-2 valuation is [the date of the first service of summons or] the date of the

4-3 actual commencement of the trial . [, whichever results in the lesser

4-4 compensation and damages.] If a new trial is ordered by a court, the date

4-5 of valuation is the date of the actual commencement of the new trial

4-6 unless the court, in the best interests of justice, orders otherwise.

4-7 2. No improvements put upon the property after the date of the service

4-8 of the summons may be included in the assessment of compensation or

4-9 damages, regardless of the date of valuation.

4-10 3. As used in this section, "primarily" means the greater amount,

4-11 quantity or quality of acts of the [plaintiff or the] defendant or, if there is

4-12 more than one defendant, the total delay caused by all the defendants, that

4-13 would cause the date of the trial to be continued past 2 years after the

4-14 [commencement of the action.] date of the first service of the summons.

4-15 Sec. 7. NRS 37.175 is hereby amended to read as follows:

4-16 37.175 [1. Except as otherwise provided in this section, the] The

4-43 by the defendant or, if there is more than one defendant, the total delay

5-1 caused by all the defendants. As used in this subsection "primarily" means

5-2 the greater amount, quantity or quality of acts of the plaintiff or the

5-3 defendant or, if there is more than one defendant, the total delay caused by

5-4 all defendants that would cause the trial to be continued past 2 years after

5-5 the commencement of the action.] as provided in NRS 17.130.

5-6 Sec. 8. NRS 37.200 is hereby amended to read as follows:

5-7 37.200 1. Except as otherwise provided in this chapter, the