408.503 - Eminent domain: Resolution by Board; precedence over other legal actions. - Nevada Statutes

408.503  Eminent domain: Resolution by Board; precedence over other legal actions.

      1.  The Department shall not commence any legal action in eminent domain until the Board adopts a resolution declaring that the public interest and necessity require the acquisition, construction, reconstruction, improvement or completion by the State, acting through the Department, of the highway improvement for which the real property, interests therein or improvements thereon are required, and that the real property, interests therein or improvements thereon described in the resolution are necessary for such improvement.

      2.  The resolution of the Board is conclusive evidence:

      (a) Of the public necessity of such proposed public improvement.

      (b) That such real property, interests therein or improvements thereon are necessary therefor.

      (c) That such proposed public improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.

      3.  All legal actions in all courts brought under the provisions of this chapter to enforce the right of eminent domain take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon must be quickly heard and determined.

      (Added to NRS by 1957, 691; A 1960, 392; 1987, 1810; 1989, 1306)