Assembly Bill No. 287–Assemblymen Segerblom, Gibbons, Williams,

Parks, Buckley, Manendo, Freeman, de Braga, Collins, Berman,

Neighbors, Tiffany, Evans, Cegavske, Anderson, Goldwater,

Gustavson, Humke, Price, Giunchigliani, Mortenson, Claborn,

Hettrick, Angle, Nolan, Carpenter and Beers

CHAPTER........

AN ACT relating to eminent domain; establishing a preference in the processing of actions

related to eminent domain under certain circumstances; revising the date of

valuation used to assess the amount of compensation and damages awarded in an

action relating to eminent domain; revising a provision governing the amount of

interest a plaintiff must pay on the final judgment in an action relating to eminent

domain; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

new section to read as follows:

All proceedings in all courts brought under this chapter to exercise the

right of eminent domain take precedence over all other causes and

actions not involving the public interest, to the end that all such

proceedings must be quickly heard and determined.

Sec. 2. NRS 37.120 is hereby amended to read as follows:

  1. 37.120 1. To assess compensation and damages as provided in NRS
  1. 37.110, the date of the first service of the summons is the date of valuation,
  1. except that [:
  1. (a) If the action is not tried within 2 years after the date of the
  1. commencement of the action and the delay is caused primarily by the
  1. plaintiff, the date of valuation is the date of the first service of the summons
  1. or the date of the trial, whichever results in the greater compensation and
  1. damages.
  1. (b) If] , if the action is not tried within 2 years after the date of the
  1. [commencement of the action,] first service of the summons, and the court
  1. makes a written finding that the delay is caused primarily by the
  1. [defendant or, if there is more than one defendant, the total delay caused by
  1. all the defendants,] plaintiff or is caused by congestion or backlog in the
  1. calendar of the court, the date of valuation is [the date of the first service
  1. of summons or] the date of the actual commencement of the trial . [,
  1. whichever results in the lesser compensation and damages.] If a new trial is
  1. ordered by a court, the date of valuation used in the new trial must be the
  1. date of valuation used in the original trial.
  1. 2. No improvements put upon the property after the date of the service
  1. of the summons may be included in the assessment of compensation or
  1. damages, regardless of the date of valuation.
  1. 3. As used in this section, "primarily" means the greater amount,
  1. quantity or quality of acts of the plaintiff or the defendant or, if there is
  2. more than one defendant, the total delay caused by all the defendants, that
  1. would cause the date of the trial to be continued past 2 years after the
  1. [commencement of the action.] date of the first service of the summons.

Sec. 3. NRS 37.175 is hereby amended to read as follows:

  1. 37.175 1. Except as otherwise provided in this section, the plaintiff
  1. shall pay interest on the final judgment on the difference between the
  1. amount deposited pursuant to NRS 37.100 or 37.170 and the sum of the
  1. amount awarded for the taking and any damages awarded for the severance
  1. of the property, excluding costs and attorney’s fees, [at the following rates:
  1. (a) From the date of the commencement of the action to the date of the
  1. final judgment, at a rate equal to the rate of interest fixed for 1-year United
  1. States treasury bills on the date of the commencement of the action, as
  1. reported in the "Federal Reserve Bulletin" published by the Board of
  1. Governors of the Federal Reserve System or another commonly used
  1. business or financial publication. The rate of interest must be adjusted
  1. annually thereafter on the anniversary date of the commencement of the
  1. action. The interest must be compounded annually.
  1. (b) From the date of the final judgment to the date the judgment is
  1. satisfied, at a rate equal to the rate of interest fixed for 1-year United States
  1. treasury bills on the date of the final judgment, as reported in the "Federal
  1. Reserve Bulletin" published by the Board of Governors of the Federal
  1. Reserve System or another commonly used business or financial
  1. publication. The rate of interest must be adjusted annually thereafter on the
  1. anniversary date of the final judgment. The interest must be compounded
  1. annually.] from the date of the first service of the summons until the date
  1. the judgment is satisfied, at the rate provided in NRS 17.130.
  1. 2. The plaintiff is not required to pay interest on any amount deposited
  1. pursuant to the provisions of NRS 37.100 or 37.170.
  1. 3. No interest is required to be paid for the period from the date of a
  1. trial which is continued past 2 years after the [commencement of the
  1. action,] date of the first service of the summons, until the date of entry of
  1. judgment, if the continuance was caused primarily by the defendant or, if
  1. there is more than one defendant, the total delay caused by all the
  1. defendants. As used in this subsection , "primarily" means the greater
  1. amount, quantity or quality of acts of the plaintiff or the defendant or, if
  1. there is more than one defendant, the total delay caused by all defendants ,
  1. that would cause the trial to be continued past 2 years after the
  1. [commencement of the action.] date of the first service of the summons.
  1. ~