Nevada § 37.100 - Plaintiff shall give property owner a copy of all appraisals before obtaining possession; motion by plaintiff for order permitting occupancy pending entry of judgment; notice; determination of public use at hearing; proof; bond or deposit in court; defendant may be restrained

§ 37.100. Plaintiff shall give property owner a copy of all appraisals before obtaining possession; motion by plaintiff for order permitting occupancy pending entry of judgment; notice; determination of public use at hearing; proof; bond or deposit in court; defendant may be restrained

1. Before the plaintiff obtains possession of the property, the plaintiff shall give

to the owner of the property a copy of all appraisals of the property obtained by

the plaintiff. 2. The plaintiff may move the court or a judge thereof at any time after the commencement

of suit, on notice for such time as the court or judge may direct to the defendant

if the defendant is a resident of the county or has appeared in the action, otherwise

by serving a notice directed to the defendant on the clerk of the court, for an order

permitting the plaintiff to occupy the premises sought to be condemned, pending the

entry of judgment, and to do such work thereon as may be required for the easement,

fee or property rights sought, according to its nature. 3. At the occupancy hearing, the court shall make a separate and distinct determination

as to whether the property is being taken for a public use pursuant to NRS 37.010 , if the defendant requests such a determination. 4. If the defendant does not request a determination pursuant to subsection 3 or if

the court determines that the property is being taken for a public use pursuant to NRS 37.010 , the court or judge shall take proof, by affidavit or otherwise, of the value of

the premises sought to be condemned, the damages which will accrue from the condemnation

and the reasons for requiring a speedy occupation, and shall grant or refuse the motion

according to the equity of the case and the relative damages which may accrue to the

parties. 5. If the motion is granted, the court or judge shall require the plaintiff to execute

and file in court a bond to the defendant, with sureties, to be approved by the court

or judge in a penal sum to be fixed by the court or judge, not less than double the

value of the premises sought to be condemned and the damages which will ensue from

condemnation and occupation, as the value and damages may appear to the court or judge

on the hearing, and conditioned to pay the adjudged value of the premises and all

damages if the property is condemned, and to pay all damages arising from occupation

before judgment if the premises are not condemned, and all costs adjudged to the defendant

in the action. The sureties shall justify before the court or judge, after a reasonable notice

to the defendant of the time and place of justification. 6. In lieu of a bond the plaintiff, with the consent of the court, may deposit with

the clerk of the court a sum equal to the value of the premises plus damages, as appraised

by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge

may order the money deposited with the clerk of the court or any part thereof to be

paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited

and paid to the defendant, the court shall enter judgment in favor of the plaintiff

and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money

deposited and the payment of that money to the defendant does not prejudice the right

of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited must be conditioned

upon the waiver of all defenses except those relating to the amount of compensation. 7. The amount of the penal bond or the deposit is for the purpose of the motion only

and is not admissible in evidence on final hearing. 8. The court or judge may also restrain the defendant from hindering or interfering

with the occupation of the premises and the doing thereon of the work required for

the easement, fee or property rights. 9. The provisions of this section requiring the execution and filing of a bond do

not apply in any action or proceeding in which the State of Nevada is the plaintiff,

but the public faith and credit of the State of Nevada is hereby pledged as security

in lieu of the bond. The provisions of this subsection do not prevent the State of Nevada from depositing,

in lieu of a pledge of the public faith and credit, with the clerk of the court a

sum equal to the value of the premises plus any damages as appraised by the State.