Amendment No. 1166

Assembly Amendment to Assembly Bill No. 287 First Reprint (BDR 3-729)

Proposed by: Committee on Ways and Means

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read 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.".

Amend section 1, pages 1 and 2, by deleting lines 11 and 12 on page 1 and lines 1 through 6 on page 2, and inserting:

"[commencement of the action,] first service of the summons, and the court makes a written finding that the delay is caused primarily by the [defendant or, if there is more than one defendant, the total delay caused by all the defendants,] plaintiff or is caused by congestion or backlog in the calendar of the court, the date of valuation is [the date of the first service of summons or] the date of the actual commencement of the trial . [, whichever results in the lesser compensation and damages.] If a new trial is ordered by a court, the date of valuation used in the new trial must be the date of valuation used in the original trial.".

Amend section 1, page 2, line 11, by deleting:

"[plaintiff or the]" and inserting:

"plaintiff or the".

Amend sec. 2, pages 2 and 3, by deleting lines 16 through 43 on page 2 and lines 1 through 5 on page 3, and inserting:

"37.175 1. Except as otherwise provided in this section, the plaintiff shall pay interest on the final judgment on the difference between the amount deposited pursuant to NRS 37.100 or 37.170 and the sum of the amount awarded for the taking and any damages awarded for the severance of the property, excluding costs and attorney’s fees, [at the following rates:

(a) From the date of the commencement of the action to the date of the final judgment, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the commencement of the action, as reported in the "Federal Reserve Bulletin" published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the commencement of the action. The interest must be compounded annually.

(b) From the date of the final judgment to the date the judgment is satisfied, at a rate equal to the rate of interest fixed for 1-year United States treasury bills on the date of the final judgment, as reported in the "Federal Reserve Bulletin" published by the Board of Governors of the Federal Reserve System or another commonly used business or financial publication. The rate of interest must be adjusted annually thereafter on the anniversary date of the final judgment. The interest must be compounded annually.] from the date of the first service of the summons until the date the judgment is satisfied, at the rate provided in NRS 17.130.

2. The plaintiff is not required to pay interest on any amount deposited pursuant to the provisions of NRS 37.100 or 37.170.

3. No interest is required to be paid for the period from the date of a trial which is continued past 2 years after the [commencement of the action,] date of the first service of the summons, until the date of entry of judgment, if the continuance was caused primarily by the defendant or, if there is more than one defendant, the total delay caused by all the defendants. As used in this subsection , "primarily" means the greater amount, quantity or quality of acts of the plaintiff or the defendant or, if there is more than one defendant, the total delay caused by all defendants , that would cause the trial to be continued past 2 years after the [commencement of the action.] date of the first service of the summons.".

Amend the title of the bill, first line, after "domain;" by inserting:

"establishing a preference in the processing of actions related to eminent domain under certain circumstances;".

Amend the summary of the bill, first line, after "governing" by inserting "proceedings and".