340.070 - Notice of proceedings.
340.070 Notice of proceedings.
1. Notice of such proceedings shall be given by one publication in a newspaper having a general circulation in each county in which any part of the property sought to be condemned is located. Such publication shall be at least 20 days and not more than 30 days prior to the date set for the hearing on the validity of the proceedings.
2. Such notice shall be in substantially the following form (the blanks being appropriately filled):
To Whom It May Concern:
Notice is hereby given that ................ (here insert name of petitioner) has filed a petition in the above court under the Public Works Eminent Domain Law to acquire by condemnation for ................ (here give brief general description of the public works project for which the land is sought to be acquired) the following-described land: (Here describe the land sufficiently for the identification thereof. Such description may be by use of a plat or map.)
Notice is further given that on ................ (here insert date of hearing, which must be at least 20 days and not more than 30 days after the date of publication) there will be a hearing in this court, at the opening thereof, for:
(a) Determining the validity of the proceedings and the right of the petitioner, if it so elects, to take title to and possession of such property prior to final judgment, as authorized by NRS 340.160, and any persons having any interest in or lien upon the above-described property shall be deemed to have waived their rights thereafter to object to the court’s decision with respect to such issues, unless prior to the date they shall have filed in writing with the clerk of the court their objections thereto.
(b) The appointment of a special master to determine the compensation to be awarded for such property and the persons entitled thereto.
(c) The fixing of the date and place at which the special master shall hear and determine the compensation to be paid for such property and the person entitled thereto.
Notice is further given that all claims or demands for compensation because of the taking and condemnation of such property must be filed with the above court before ................ (here insert a date 15 days after the date above specified for the court hearing), or the same shall be deemed waived.
Dated the ........ day of ................ A.D. .........
.......................................................................
Clerk of the court.
3. Notice of such proceedings shall also be given:
(a) By posting a copy of the notice designated in subsection 2 in conspicuous places on the real property sought to be condemned.
(b) By filing a copy thereof in the office of the clerk of the court in which such proceedings are pending.
(c) By filing a copy thereof in the proper office or offices for the filing of lis pendens in each county in which any part of the real property is situated.
4. Such publication, posting and filing shall constitute a legal and sufficient notice to all persons having any interest in or lien upon the property described in the notice. The filing of such notice in the county office shall also be a constructive notice of the proceeding to any person who subsequently acquires any interest in or lien upon the property, and the petitioner shall take all property condemned under this chapter free of the claims of any such person.
[7:135:1935; 1931 NCL § 6179.27]