NRS279.4712. Prerequisites to agency exercising power of eminent domain; requirements for written offer; appraisal performed on behalf of owner of property.

      1.  Before an agency may exercise the power of eminent domain to acquire property for a redevelopment project, the agency must:

      (a) Negotiate in good faith with the owner of the property and attempt to reach an agreement regarding the amount of compensation to be paid for the property;

      (b) Provide the owner with a written offer of compensation in the manner set forth in subsection 2 and allow the owner at least 30 days after the date he or she receives the offer to respond to the offer, unless the offer is returned as undeliverable; and

      (c) Provide the owner with a copy of the appraisal report upon which the offer of compensation is based at the time the offer is made.

      2.  A written offer of compensation required pursuant to subsection 1:

      (a) Must include written notice to the owner of the property informing the owner of the following:

             (1) That all or a portion of his or her property is necessary to carry out the redevelopment plan;

             (2) The nature of the intended redevelopment, at the time of the written offer, for which the property is considered necessary;

             (3) The parcel number or other reasonably detailed description of the property sought to be acquired;

             (4) That the agency has provided a copy of the appraisal report upon which the offer of compensation is based;

             (5) That the agency will provide copies, to the extent prepared, of any preliminary plans or redevelopment plans within 15 days upon request; and

             (6) The rights and responsibilities of the owner pursuant to this section.

      (b) Must include the value of the property sought to be acquired plus damages, if any, as appraised by the agency.

      (c) Must be sent by certified mail, return receipt requested, to the last known address of the owner of the property as shown in the records of the county assessor or by personal delivery. If there is more than one owner of the property, notice must be sent to all owners of the property. If the written offer of compensation is returned as undeliverable, no additional notice is required. The agency is not required to provide an additional written offer of compensation to a person who acquires title to the property after the written offer of compensation has been provided in the manner required pursuant to this paragraph.

      3.  If the owner of the property has an appraisal performed on his or her own behalf, the owner must provide the agency with a copy of the appraisal report.

      (Added to NRS by 2005, 2213)