NRS707.280. Right-of-way for line: Procedure for appraisal and compensation for private land; appeal.

      1.  Any person or the person’s assigns, who are constructing, or who have already constructed, or who may propose to construct, a telephone line as provided in NRS 707.230 to 707.280, inclusive, have the right-of-way for the line and so much land as may be necessary to construct and maintain the line, and for this purpose may enter upon private lands along the line described in the certificate for the purpose of examining and surveying them.

      2.  Where the lands cannot be obtained by the consent of the owner or possessor thereof, so much of the land as may be necessary for the construction of the line may be appropriated by the person or the person’s assigns (as the case may be), after making compensation therefor, as follows. The person or the person’s agent shall select one appraiser, and the owner or possessor shall select one, and the two so selected shall select a third. The three shall appraise the lands sought to be appropriated, after having been first sworn, before a person authorized by law to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and belief.

      3.  If the person or the person’s agent tenders to the owner or possessor the appraised value of the lands, appraised as provided in subsection 2, the person or agent may proceed in the construction, or, if constructed, in the use of the line over the land so appraised, and may maintain the line over and upon the land, and at all times enter upon the land and pass over all adjoining lands for the purpose of constructing, maintaining and repairing the telephone line, notwithstanding the tender may be refused. The tender must always be kept good by the person or the person’s agent.

      4.  An appeal may be taken by either party, from the finding of the appraisers, to the district court of the county within which the land so appraised is situated at any time within 3 months after the appraisement.

      [6:17:1866; B § 3495; BH § 920; C § 1050; RL § 4629; NCL § 7671]—(NRS A 1985, 1223; 2013, 1953)