NRS 116B.255
Eminent domain.


1.

If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit’s owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit’s owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit’s allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations.

2.

Except as otherwise provided in subsection 1, if part of a hotel unit is acquired by eminent domain, the award must compensate the hotel unit owner for the reduction in value of the hotel unit and its interest in the common elements, whether or not any common elements are acquired. If part of a residential unit is acquired by eminent domain, the award must compensate the residential unit owner for the reduction in value of the residential unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:

(a)

That unit’s allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and

(b)

The portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.

3.

If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.

4.

If part of the shared components or hotel unit is acquired by eminent domain, the portion of the award attributable to the shared components or hotel unit taken must be paid to the owner of the hotel unit or the shared components.

5.

The judicial decree must be recorded in every county in which any portion of the condominium hotel is located.

Source: Section 116B.255 — Eminent domain., https://www.­leg.­state.­nv.­us/NRS/NRS-116B.­html#NRS116BSec255.

116B.005
Short title.
116B.010
Definitions.
116B.015
“Administrator” defined.
116B.020
“Affiliate of a declarant” defined.
116B.025
“Allocated interests” defined.
116B.030
“Association” and “unit-owners’ association” defined.
116B.035
“Commission” defined.
116B.040
“Common elements” defined.
116B.045
“Common expenses” defined.
116B.050
“Community manager” defined.
116B.055
“Complaint” defined.
116B.060
“Condominium hotel” defined.
116B.065
“Converted building” defined.
116B.070
“Dealer” defined.
116B.075
“Declarant” defined.
116B.080
“Declaration” defined.
116B.085
“Developmental rights” defined.
116B.090
“Dispose” and “disposition” defined.
116B.095
“Division” defined.
116B.100
“Executive board” defined.
116B.105
“Financial statement” defined.
116B.110
“Governing documents” defined.
116B.115
“Hearing panel” defined.
116B.120
“Hotel unit” defined.
116B.125
“Hotel unit owner” defined.
116B.130
“Identifying number” defined.
116B.135
“Leasehold condominium hotel” defined.
116B.140
“Liability for common expenses” defined.
116B.145
“Liability for shared expenses” defined.
116B.150
“Limited common element” defined.
116B.155
“Major component of the common elements” defined.
116B.160
“Major component of the hotel unit” defined.
116B.165
“Major component of the shared components” defined.
116B.170
“Offering” defined.
116B.175
“Ombudsman” defined.
116B.180
“Party to the complaint” defined.
116B.185
“Person” defined.
116B.190
“Purchaser” defined.
116B.195
“Real estate” defined.
116B.200
“Residential unit” defined.
116B.205
“Residential unit owner” defined.
116B.210
“Security interest” defined.
116B.215
“Shared components” defined.
116B.220
“Shared expenses” defined.
116B.225
“Special declarant’s rights” defined.
116B.230
“Time share” defined.
116B.235
“Unit” defined.
116B.240
“Unit’s owner” defined.
116B.245
Provisions of chapter may not be varied by agreement, waived or evaded
116B.250
Applicability of local ordinances, regulations and building codes.
116B.255
Eminent domain.
116B.260
Supplemental general principles of law applicable.
116B.265
Provisions of chapter prevail over conflicting provisions governing certain business entities generally.
116B.270
Construction against implicit repeal.
116B.275
Unconscionable agreement or term of contract.
116B.280
Obligation of good faith.
116B.285
Remedies to be liberally administered.
116B.287
Relation to Electronic Signatures in Global and National Commerce Act.
Last Updated

Jun. 24, 2021

§ 116B.255’s source at nv​.us