NRS342.055. Payments of certain costs, fees and sums to persons displaced as result of acquisition of property by or on behalf of urban renewal agency; exceptions; other appropriate action which allows relocation to comparable location.

      1.  In addition to the relocation benefits provided pursuant to NRS 342.045, each person who is displaced from his or her business establishment as a result of the acquisition of property by an agency created pursuant to chapter 279 of NRS or by any person or entity acting on behalf of, in cooperation with or under contract with such an agency, and whose lease of the premises on which the establishment is situated is terminated as a consequence of the acquisition, must be paid:

      (a) The actual, reasonable and necessary costs of alterations and other physical changes that are required to be made to a new location to render it suitable for the operation of the business;

      (b) The actual, reasonable and necessary costs of modifications made to machinery, equipment and other personal property moved to the new location which were necessary for the operation of the business, except that such costs must not exceed the acquisition cost of the machinery, equipment and other personal property less accumulated depreciation;

      (c) The prorated fees for any licenses, permits or certifications that must be obtained for the business to operate in the new location;

      (d) The actual, reasonable and necessary fees for professional services incurred in connection with the acquisition of a replacement site, including the services of architects, appraisers, attorneys, engineers, realtors and other consultants; and

      (e) A sum equal to:

             (1) An amount which, when added to the amount that the tenant formerly paid in rent, will enable the tenant to rent or lease a comparable business location on the current market for a term equal to the period that would have remained on his or her lease if it had not been terminated as a result of the acquisition of the property or 3 years, whichever is greater; or

             (2) The fair market value of the business as determined in accordance with subsection 6 of NRS 37.009 if the business owner is unable to relocate his or her business establishment to a comparable new location because of the operation of a governmental ordinance, regulation or restriction or because a comparable business location is not available.

      2.  The provisions of this section do not apply to month-to-month tenancies.

      3.  The provisions of this section do not apply to a business which executes an initial lease within 1 year before the approval of a development agreement or other similar action of a governmental body identifying the property that will be acquired, unless the business is renewing a lease on a site that it has occupied for more than 1 year before the identification of the property that will be acquired.

      4.  A governmental body may adopt ordinances or regulations or take any other appropriate action which allows a business to be relocated to a comparable business location.

      5.  As used in this section, “comparable business location” means a location that is decent, safe and sanitary, adequate in size for the needs of the displaced business, functionally equivalent for the purposes of the displaced business and located in an area not subject to unreasonably adverse environmental conditions.

      6.  Nothing contained in this section requires a governmental body to relocate a business to a location in a redevelopment area or an area similar to a redevelopment area, or to provide the benefits that a location in a redevelopment area would provide.

      (Added to NRS by 1995, 2233; A 1997, 606)