Nevada § 37.038 - Conditions precedent to taking property within historic district
Full text of Nevada Nevada Revised Statutes § 37.038 — Conditions precedent to taking property within historic district, with citation guidance and answers to common questions.
§ 37.038. Conditions precedent to taking property within historic district
1. Before any person, other than a government or public utility, may exercise the
right of eminent domain to take any real property within a historic district organized
under chapter 384 of NRS , the person must first obtain the approval of the board of county commissioners of
the county or the governing body of the city in which that real property is situated. This consent must not be withheld if the person seeking to exercise the right of
eminent domain shows that: (a) The property will be put to a public use; (b) The property is necessary for that public use; and (c) The intended public use will be of great public benefit to the immediate community
or area in which the real property is situated and not significantly harmful to historic
landmarks or features. 2. In any subsequent judicial proceeding to condemn that real property, the determinations
of the board of county commissioners or the governing body whether the property will
be put to a public use and whether it is necessary for that use are prima facie evidence
of those facts, respectively, unless the court specifically finds that the determinations
were: (a) Arbitrary and capricious; or (b) Not supported by substantial evidence.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 37.038
What does Nevada Revised Statutes § 37.038 cover?
Section 37.038 ("Conditions precedent to taking property within historic district") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 37.038?
A common citation format is "Nevada Revised Statutes § 37.038" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 37.038 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.