NRS 279.4712
Prerequisites to agency exercising power of eminent domain

  • requirements for written offer
  • appraisal performed on behalf of owner of property.

1.

Before an agency may exercise the power of eminent domain to acquire property for a redevelopment project, the agency must:

(a)

Negotiate in good faith with the owner of the property and attempt to reach an agreement regarding the amount of compensation to be paid for the property;

(b)

Provide the owner with a written offer of compensation in the manner set forth in subsection 2 and allow the owner at least 30 days after the date he or she receives the offer to respond to the offer, unless the offer is returned as undeliverable; and

(c)

Provide the owner with a copy of the appraisal report upon which the offer of compensation is based at the time the offer is made.

2.

A written offer of compensation required pursuant to subsection 1:

(a)

Must include written notice to the owner of the property informing the owner of the following:

(1)

That all or a portion of his or her property is necessary to carry out the redevelopment plan;

(2)

The nature of the intended redevelopment, at the time of the written offer, for which the property is considered necessary;

(3)

The parcel number or other reasonably detailed description of the property sought to be acquired;

(4)

That the agency has provided a copy of the appraisal report upon which the offer of compensation is based;

(5)

That the agency will provide copies, to the extent prepared, of any preliminary plans or redevelopment plans within 15 days upon request; and

(6)

The rights and responsibilities of the owner pursuant to this section.

(b)

Must include the value of the property sought to be acquired plus damages, if any, as appraised by the agency.

(c)

Must be sent by certified mail, return receipt requested, to the last known address of the owner of the property as shown in the records of the county assessor or by personal delivery. If there is more than one owner of the property, notice must be sent to all owners of the property. If the written offer of compensation is returned as undeliverable, no additional notice is required. The agency is not required to provide an additional written offer of compensation to a person who acquires title to the property after the written offer of compensation has been provided in the manner required pursuant to this paragraph.

3.

If the owner of the property has an appraisal performed on his or her own behalf, the owner must provide the agency with a copy of the appraisal report.

Source: Section 279.4712 — Prerequisites to agency exercising power of eminent domain; requirements for written offer; appraisal performed on behalf of owner of property., https://www.­leg.­state.­nv.­us/NRS/NRS-279.­html#NRS279Sec4712.

279.426
Agency for redevelopment: Creation. 279.428
Resolution of legislative body as prerequisite to functioning of agency. 279.430
Authority of agency conclusively presumed from resolution. 279.432
Powers of public bodies in aid of local redevelopment. 279.434
Exemption of agency and property from execution, process or lien 279.436
Suspension of agency’s authority. 279.438
Termination of redevelopment plan adopted before January 1, 1991, and amendments to plan 279.439
Termination of redevelopment plan adopted on or after January 1, 1991, and amendments to plan. 279.440
Appointment of members 279.442
Restriction on appointment of members. 279.443
Alternative method of appointment of members 279.444
Action of legislative body as alternative to appointment of members 279.446
Terms of office of members 279.448
Chair: Designation 279.450
Compensation and expenses of members. 279.452
Removal of member: Grounds 279.454
Interest in property included in redevelopment area forbidden 279.456
Acquisition of property by agency from member or officer by eminent domain. 279.458
Agency’s power vested in members. 279.460
Agency’s governmental functions 279.462
Powers of agency. 279.464
Services and facilities available to agency. 279.466
Personnel: Selection 279.468
Preparation of plans for blighted areas 279.470
Acquisition, management, disposal and encumbrance of interests in real and personal property 279.471
Requirements for agency to exercise power of eminent domain 279.472
Leases or sales: Public hearing. 279.474
Development of building sites. 279.476
Rehousing bureau. 279.478
Assistance for relocation. 279.480
Investments. 279.482
Imposition of conditions on lessees and purchasers 279.484
Breach of covenants running with the land. 279.486
Purchase and construction of certain buildings, facilities and improvements 279.488
Continuation of existing buildings on land 279.490
Financial assistance from governmental and private sources. 279.492
Eminent domain: Existing public use 279.494
Territorial jurisdiction: Counties 279.496
Property owned in redevelopment project: Payment of money in lieu of taxes. 279.498
Work exceeding $10,000 requires competitive bidding. 279.500
Applicability of provisions governing payment of prevailing wage for public works projects. 279.508
Joint exercise of powers by two or more agencies: Authority 279.510
Joint exercise of powers by two or more agencies: Designated agency to obtain report and recommendation of planning commissions concerning conformity of redevelopment plan to community’s master or general plan. 279.512
Joint exercise of powers by two or more agencies: Designated agency’s cooperation with planning commissions in formulating redevelopment plans. 279.514
Redevelopment of area within another community’s territory. 279.4712
Prerequisites to agency exercising power of eminent domain 279.4714
Prerequisite to request that agency exercise power of eminent domain.
Last Updated

Feb. 5, 2021

§ 279.4712’s source at nv​.us