NRS37.035. Monorails and other overhead or underground systems for public transportation: Acquisition by public agency of rights and easements on public streets by condemnation.

      1.  Only a public agency may exercise the power of eminent domain on behalf of a monorail or any other overhead or underground system used for public transportation, whether the monorail or other system is owned by a private person or a public agency.

      2.  In addition to property subject to condemnation pursuant to NRS 37.030, a public agency on behalf of a monorail or any other overhead or underground system used for public transportation may acquire, by condemnation, rights and easements across, over, under and along public streets and roadways, but such rights may not be exercised in such a manner as will permanently interfere with the existing use of such streets or roadways.

      3.  To exercise the power of eminent domain on behalf of a monorail or any other overhead or underground system used for public transportation, a public agency must issue an order approving the exercise of that power. A public agency may issue such an order if:

      (a) The use to which the private property is to be applied is a public use;

      (b) The property is necessary for that public use;

      (c) The intended public use of the property will be of greater public benefit than the current private use of the property; and

      (d) The proposed exercise of the power of eminent domain is not unreasonable and will not result in a taking of private property that is not fully compensable at law.

      4.  As used in this section, “public agency” means:

      (a) Any agency of this state or the United States.

      (b) Any political subdivision of this state, including a regional transportation district or other district.

      (Added to NRS by 1967, 869; A 1991, 1139)