NRS408.497. Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation.

      1.  Any person asserting any claim for compensation or damage for injury to land or interests therein arising from the construction, alteration or improvement of any highway constructed, altered or improved under the provisions of this chapter shall first, as a condition precedent to the action authorized by subsection 2 and not later than 2 years after final acceptance of the contract by the Department as defined in NRS 408.387, file such claim with the Department, verified under oath and containing all particulars regarding such claim. Such claim must be promptly investigated by the Director, who shall recommend its disposition to the Board, and if such claim or any portion thereof is approved by the Board it must be paid upon obtaining a written release of the entire claim, out of the State Highway Fund. The claimant must be given written notice by registered mail of the Board’s decision.

      2.  Any claimant aggrieved by the Board’s decision on such claim may commence, in the district court for the county in which the land is situated, within 6 months after receipt of notice of the decision on such claim, a proceeding in inverse condemnation against the Department seeking just compensation for an alleged taking or damaging of private property for highway purposes, and if such proceeding is not so commenced within such time it is forever barred.

      (Added to NRS by 1957, 691; A 1965, 1002; 1979, 1779; 1987, 1810; 1989, 1306)