309.400 - Eminent domain powers of districts; power to purchase; payment of judgment awards within 6 months.
309.400 Eminent domain powers of districts; power to purchase; payment of judgment awards within 6 months.
1. All improvement districts organized under the laws of the State of Nevada shall have the right of eminent domain with the power by and through their boards of directors to cause to be condemned and appropriated, in the name of and for the use of the districts, all works, with their appurtenances, constructed for the improvement of any lands within the district, and all lands required therefor, and all lands and rights-of-way required for the works constructed, or to be constructed, or which may be acquired by the district, and all necessary appurtenances and other property and rights necessary for the construction, operation, maintenance, repair and improvement of the works.
2. Such districts shall have the right by and through their boards of directors to acquire by purchase or other legal means any or all of the property mentioned and referred to in this section.
3. In any action or proceedings for the condemnation of any such property wherein an improvement district is plaintiff, such district, within 6 months after final judgment, shall pay the amount awarded in the judgment or the judgment will be annulled. Except as otherwise provided in this chapter, the provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to the right of eminent domain, civil actions, new trials, and appeals shall be applicable to and constitute the rules of practice in condemnation proceedings by improvement districts.
[36:24:1928; NCL § 3490]
NRS 309.410 Vested interests used in connection with mining and power development not affected. Vested interests in or to structures, works and property or water rights owned or used in connection with mining or power development shall never be affected by or taken under the provisions of this chapter, saving and excepting that rights-of-way may be acquired by the district over or across such works or property.
[37:24:1928; NCL § 3491]