Nevada Revised Statutes 37.039 – Conditions precedent to acquiring certain parcels of property for purpose of open-space use
1. Notwithstanding any other provision of law, an agency may not exercise the power of eminent domain to acquire a parcel of property or group of contiguous parcels of property that is more than 40 acres in area for the purpose of open-space use unless:
Terms Used In Nevada Revised Statutes 37.039
- Appraisal: A determination of property value.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Value: means the highest price, on the date of valuation, that would be agreed to by a seller, who is willing to sell on the open market and has reasonable time to find a purchaser, and a buyer, who is ready, willing and able to buy, if both the seller and the buyer had full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. See Nevada Revised Statutes 37.009
(a) Before the governing body of the agency votes to commence an action in eminent domain to acquire the property, the agency has negotiated with the owner of the property, in good faith, for a period of not less than 24 months beginning on the date on which the agency provided the written offer of compensation to the owner of the property pursuant to subsection 2, to reach an agreement regarding the amount of compensation to be paid for the property;
(b) The use of property for the purpose of open-space use conforms with any applicable provisions of the applicable:
(1) Master plan adopted pursuant to chapter 278 of NRS;
(2) Zoning regulations adopted pursuant to chapter 278 of NRS; and
(3) Open-space plan adopted pursuant to chapter 376A of NRS;
(c) Each acre of the property is necessary for the purpose of open-space use and will be devoted to open-space use for not less than 50 years; and
(d) If the agency is seeking to acquire water rights appurtenant to the property, the agency uses the water beneficially on the property for the purpose of open-space use.
2. To satisfy the requirement to have negotiated with the owner of the property in good faith, pursuant to paragraph (a) of subsection 1, an agency must, at a minimum:
(a) Provide to the owner of the property, by personal delivery or by certified mail, return receipt requested, a written offer of compensation that includes:
(1) A copy of the appraisal report upon which the offer of compensation is based;
(2) A detailed description of the nature of the intended use of each acre of the property and the specific reasons for the necessity of acquiring each acre of the property for the purpose of open-space use;
(3) If the agency is seeking to acquire any water rights appurtenant to the property, a detailed description of the intended beneficial use of the water rights on the property and the specific reasons for the necessity of acquiring the water rights; and
(4) The value of the property, plus damages, if any, as appraised by the agency; and
(b) Attempt to engage in meaningful negotiations with the owner of the property at least once per calendar month during the period described in paragraph (a) of subsection 1.
3. As used in this section:
(a) ’Agency’ means the State of Nevada, any political subdivision of the State or any other governmental entity that possesses the power of eminent domain.
(b) ’Open-space plan’ has the meaning ascribed to it in NRS 376A.010.
(c) ’Open-space use’ means the use of property:
(1) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment; or
(2) To protect, conserve or preserve wildlife habitat.