709.140 - Condemnation of property; liability of holder of franchise for damage to property. - Nevada Statutes

709.140  Condemnation of property; liability of holder of franchise for damage to property.

      1.  Except as otherwise provided in subsection 2, if the owner of any real property upon or over which the proposed line of the grantee of the franchise is to run objects to the use of the owner’s property for that purpose, the land reasonably necessary therefor may be condemned in the manner prescribed by law for the condemnation of land for public use, in a proceeding brought for the purpose by the grantee of the franchise.

      2.  Real property reasonably necessary for the proposed line of a grantee of a franchise for a street railway may be condemned in the manner prescribed by law for the condemnation of land for public use in a proceeding brought for that purpose by the grantor of the franchise.

      3.  If any property, real or personal, abutting or adjacent to the line of the right-of-way of the franchise is injured or damaged by the running or operation of the line under the franchise, the grantee of the franchise is liable in an action at law for all such injuries and damages caused by the negligence of the grantee.

      [10:168:1909; RL § 2138; NCL § 3192]—(NRS A 1991, 1140)