Nevada § 340.160 - Declaration of taking: Filing by petitioner; sufficiency; effect; duties of court

§ 340.160. Declaration of taking: Filing by petitioner; sufficiency; effect; duties of court

1. At any time at or after the filing of the petition referred to in NRS 340.050 , and before the entry of final judgment, the petitioner may file with the clerk of

the court a declaration of taking, signed by the authorized officer or agent of the

petitioner, declaring that all or any part of the property described in the petition

is to be taken for the use of the petitioner. 2. The declaration of taking is sufficient if it sets forth: (a) A description sufficient to identify the property. The description may include a plat or map of the property. (b) A statement of the estate or interest in the property being taken. (c) A statement of the sum of money estimated by the petitioner to be just compensation

for the property taken. 3. Upon the filing of the declaration of taking and the deposit in court, to the use

of the persons entitled thereto, of the amount of the estimated compensation stated

in the declaration, title to the property specified in the declaration vests in the

petitioner, the property shall be deemed to be condemned and taken for the use of

the petitioner and the right to just compensation for the taking of that property

vests in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not

exceeding 30 days after the filing, except upon good cause shown, on which the parties

in possession are required to surrender possession to the petitioner. If the petitioner is an authorized corporation, the court, before directing surrender

of possession to the petitioner, shall require such security to be given, in addition

to the amount deposited in court, as will reasonably assure the payment of any amount

ultimately determined as the compensation to be paid. 4. The ultimate amount of compensation must be fixed pursuant to the provisions of

this chapter. If the amount so fixed exceeds the amount so deposited in court by the petitioner,

the court shall enter judgment against the petitioner in the amount of the deficiency,

together with interest at the rate of 6 percent per annum on the deficiency from the

date of the vesting of title to the date of the entry of the final judgment, subject

to abatement for use, income, rents or profits derived from that property by the owner

thereof subsequent to the vesting of title in the petitioner, and the court shall

order the petitioner to deposit the amount of the deficiency in court.