NRS 408.497
Construction, alteration or improvement of highway: Claim for damage to land or interests

  • proceeding in inverse condemnation.

1.

Any person asserting any claim for compensation or damage for injury to land or interests therein arising from the construction, alteration or improvement of any highway constructed, altered or improved under the provisions of this chapter shall first, as a condition precedent to the action authorized by subsection 2 and not later than 2 years after final acceptance of the contract by the Department as defined in NRS 408.387, file such claim with the Department, verified under oath and containing all particulars regarding such claim. Such claim must be promptly investigated by the Director, who shall recommend its disposition to the Board, and if such claim or any portion thereof is approved by the Board it must be paid upon obtaining a written release of the entire claim, out of the State Highway Fund. The claimant must be given written notice by registered mail of the Board’s decision.

2.

Any claimant aggrieved by the Board’s decision on such claim may commence, in the district court for the county in which the land is situated, within 6 months after receipt of notice of the decision on such claim, a proceeding in inverse condemnation against the Department seeking just compensation for an alleged taking or damaging of private property for highway purposes, and if such proceeding is not so commenced within such time it is forever barred.

Source: Section 408.497 — Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation., https://www.­leg.­state.­nv.­us/NRS/NRS-408.­html#NRS408Sec497 (accessed May 26, 2025).

408.010
Short title. 408.015
Rules of construction. 408.020
Definitions. 408.033
“Board” defined. 408.037
“Business” defined. 408.040
“City” defined. 408.042
“Conveyance system” defined. 408.045
“Department” defined. 408.046
“Director” defined. 408.047
“Displaced person” defined. 408.050
“Encroachment” defined. 408.056
“Family” defined. 408.057
“Farm operation” defined. 408.058
“Farmer” defined. 408.059
“Federal-aid highways” defined. 408.060
“Freeway” defined. 408.065
“Frontage road” defined. 408.067
“Grade line” defined. 408.070
“Highway” defined. 408.077
“Planning agency” defined. 408.078
“Public lands” defined. 408.080
“Rights-of-way” defined. 408.090
“Shall” and “may” construed. 408.095
“Town” defined. 408.100
Declaration of legislative intent. 408.106
Creation 408.115
Office. 408.118
Study of operations of Department: Legislative approval required. 408.119
Governor authorized to direct naming of state highway, road, bridge or transportation facility after deceased member of Armed Forces of United States 408.121
Adoption and use of seal 408.126
Meetings. 408.133
Plan for measuring performance of Department 408.141
Rules 408.146
Sale or lease of certain water rights to public utility 408.151
Loans from financial institutions 408.160
Director: Appointment 408.163
Director: Qualifications 408.170
Director: Other employment prohibited 408.178
Qualifications and classifications of Deputy Directors and Chief Engineer. 408.180
Oaths of Director and Deputy Directors. 408.185
Facsimile signatures of Director and Deputy Directors. 408.190
Duties of Director: General plan of highways 408.195
Duties of Director: General supervision of highways. 408.200
Duties of Director: Standards for construction and maintenance 408.201
Duties of Director: Policies for use of recycled materials in highways. 408.203
Duties of Director: Reports to Legislature. 408.210
Powers of Director: Closing and construction of highways 408.212
Powers of Director: Easements for monorail or other systems of transportation. 408.213
Powers of Director: Designation of highway as scenic route 408.214
Duties of Director: Designation of restricted highways. 408.220
Duties of Director: Reports to Board. 408.228
Highway Safety Information and Outreach Coordinator: Creation 408.233
Planning Division: Responsibilities and duties 408.234
Motor Vehicle Recovery and Transportation Planner: Creation 408.235
State Highway Fund: Creation 408.240
State Highway Revolving Account: Establishment 408.242
Establishment of nonreverting account for construction, reconstruction, improvement and maintenance of public roads consisting of money transferred from Fund for Cleaning Up Discharges of Petroleum and money from other sources 408.245
Acceptance of federal acts. 408.250
Federal acts: State highways 408.255
Federal acts: Secondary and feeder highways 408.260
Federal lands: Construction and maintenance of highways 408.270
Vouchers for payment 408.271
Department may expend money to conduct studies and match federal money for capital acquisitions. 408.273
Issuance of bonds. 408.275
Surveys, maps and studies of traffic 408.280
Program for work on highways: Contents 408.281
Program for work on highways: Inclusion of designated projects for use of recycled products. 408.283
Cooperative agreements between Department of Transportation and county commissioners. 408.285
State highways 408.290
Procedure for establishment of new routes. 408.303
U.S. Highway No. 6 designated as Grand Army of the Republic Highway 408.307
Comstock Highway: Designation 408.309
Designation of Route 94. 408.313
Manner of construction 408.317
Supervision of work by Director 408.319
Report of projects for construction and maintenance: Preparation 408.321
Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles. 408.323
Conditions for execution of work without contract 408.327
Advertisement for bids 408.333
Bids and bidders: Experience and financial ability 408.337
Bids and bidders: Security 408.343
Bids and bidders: Procedure for award of contract 408.346
Monetary incentive for early completion of contract. 408.347
Execution of contract in name of State 408.353
Interest of member of Board, officer or employee prohibited 408.354
Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds. 408.357
Bids and bidders: Bonds required of successful bidders 408.363
Claims against contractor’s bond 408.367
Project not exceeding $250,000: Solicitation and rejection of bids 408.373
Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation 408.377
Subcontractor: Approval 408.379
Subcontractor: State business license required. 408.383
Contractor: Partial payments 408.387
Contract: Publication of notice of final acceptance 408.388
Projects for which Department may contract with design-build team. 408.393
Enforcement of laws concerning labor 408.397
Procedure for diversion or change of route of highway. 408.403
Freeways. 408.407
Reimbursement of utility by State for relocation of facility located on or near certain highways. 408.413
Improvement of state highway Route No. 81. 408.417
Guideposts, signs and markers: Erection 408.423
Permit required to excavate state highway 408.427
Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction 408.433
Roadside parks and rest areas: Unlawful acts 408.439
Advisory Committee on Transportational Storm Water Management: Creation 408.441
Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances 408.442
Entry and inspection of premises. 408.444
Violations: Remedies 408.446
Violations: Director authorized to issue order for compliance 408.448
Violations: Injunctive relief 408.449
Violations: Civil penalty 408.451
Director to conduct independent investigation before determining whether to take certain corrective actions 408.0465
“Discharge” defined. 408.487
Acquisition of property: Purposes. 408.489
Acquisition of property: Manner 408.493
Acquisition of property: Survey and location of right-of-way 408.497
Construction, alteration or improvement of highway: Claim for damage to land or interests 408.503
Eminent domain: Resolution by Board 408.507
Lease or rental of property. 408.513
Acquisition of property by towns and cities 408.517
Acquisition of property by counties 408.523
Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs 408.527
Procedure for relinquishment of roadways 408.533
Disposal of property. 408.537
State consent to close public road on public land: Application 408.543
State consent to close public road on public land: Duties of Department. 408.547
State consent to close public road on public land: Determination by Board 408.548
Authority of Department to request submission of proposals 408.549
Federal, state or local assistance. 408.551
“Center” defined. 408.553
Designation of locations for signs and centers. 408.557
Regulations. 408.559
Development and review of plan. 408.561
Toll-free telephone system for public accommodations 408.562
Director’s recommendations for programs: Approval by Board 408.563
Agreements with governmental agencies or others. 408.567
Account for Systems of Providing Information to the Traveling Public: Creation 408.569
System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways. 408.571
Educational program: Duty of Department to develop 408.573
Nevada Bicycle and Pedestrian Advisory Board: Creation 408.577
Nevada Bicycle and Pedestrian Safety Advisory Board: Duties 408.579
Electric bicycles authorized for use on trails or walkways intended for use by bicycles. 408.601
Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway. 408.2831
Contents of agreement. 408.2832
Priority of improvement projects 408.2833
Standards for project. 408.3195
Written analysis of costs and benefits of proposed highway projects: Contents 408.3875
Definitions. 408.3876
“Design-build contract” defined. 408.3877
“Design-build team” defined. 408.3878
“Prime contractor” defined. 408.3879
“Project” defined. 408.3881
Public meeting 408.3882
Procedure for selecting design-build team. 408.3883
Request for preliminary proposals: Advertisement by Department 408.3884
Qualifications of design-build team. 408.3885
Procedure for selecting finalists from among design-build teams that submitted preliminary proposals. 408.3886
Requests for final proposals and best and final offers: Selection or rejection of proposal or offer 408.3887
Employment of architect or engineer as consultant during construction. 408.3888
Certain submittals confidential until notice of intent to award contract is issued. 408.5471
“Transportation facility” defined. 408.5473
Authority of Department to authorize transportation facilities. 408.5475
Submission of request to Department 408.5483
Approval of request or proposal: Determination of public purpose 408.5484
Certain submittals confidential until notice of intent to award contract is issued. 408.5485
Contract for transportation services. 408.5501
Definitions. 408.5502
Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider 408.55011
“Council” defined. 408.55012
“Longitudinal access” defined. 408.55013
“Permit” defined. 408.55014
“Right-of-way” defined. 408.55015
“Statewide telecommunications purposes” defined. 408.55016
“Telecommunications facility” defined. 408.55017
“Telecommunications provider” defined. 408.55018
“Utility facility” defined. 408.55019
“Wireless access” defined. 408.55021
Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised. 408.55022
Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement. 408.55023
Monetary compensation must be deposited in State Highway Fund 408.55024
Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements 408.55025
In-kind compensation: Types 408.55026
Two or more telecommunications providers: Agreements must require shared obligation for compensation 408.55027
Existing policies and procedures relating to utilities in rights-of-way not altered 408.55028
Telecommunications Advisory Council: Creation 408.55029
Regulations.

May 26, 2025

§ 408.497. Construction, alteration or improvement of highway: Claim for damage to land or interests's source at nv​.us