37.180 - Abandonment of condemnation proceedings; defendant’s damages for plaintiff’s occupancy. - Nevada Statutes

37.180  Abandonment of condemnation proceedings; defendant’s damages for plaintiff’s occupancy.

      1.  The plaintiff may abandon the proceedings at any time after filing the complaint and before the expiration of 30 days after final judgment by serving on defendants and filing in court a written notice of abandonment. Upon that abandonment, on motion of any party, a judgment must be entered dismissing the proceedings and awarding the defendants their costs and disbursements, which must include all necessary expenses incurred in preparing for trial and reasonable attorney fees. Those costs and disbursements may be claimed in and by a cost bill, to be prepared, served, filed and taxed as in civil actions, except that, upon a judgment of dismissal on motion of the plaintiff, any defendant may file a cost bill within 30 days after notice of entry of that judgment.

      2.  If the plaintiff has been placed in possession of the premises under the provisions of NRS 37.100 or 37.170, the defendant is entitled to all damages arising from that occupancy of the abandoned property.

      [1911 CPA § 681.5; added 1955, 284]—(NRS A 1959, 597; 1965, 996; 1973, 152; 1989, 635)