eriod necessary to protect the usefulness of the monorail to the owner; and (b) To approve any future deletions from or reconfigurations of the monorail, including passenger stations. 2. The acquirer shall hold the owner and operator harmless from any liability or claim arising after the acquisition from the operation or any change made in the installation of the monorail or from any act or omission of the acquirer or its employees, contractors or agents. (Added to NRS by 1997, 2441) NRS 37.038 Conditions precedent to taking property within historic district. 1. Before any person, other than a government or public utility, may exercise the right of eminent domain to take any real property within a historic district organized under chapter 384 of NRS, he must first obtain the approval of the board of county commissioners of the county or the governing body of the city in which that real property is situated. This consent must not be withheld if the person seeking to exercise the right of eminent domain shows that: (a) The property will be put to a public use; (b) The property is necessary for that public use; and (c) The intended public use will be of great public benefit to the immediate community or area in which the real property is situated and not significantly harmful to historic landmarks or features. 2. In any subsequent judicial proceeding to condemn that real property, the determinations of the board of county commissioners or the governing body whether the property will be put to a public use and whether it is necessary for that use are prima facie evidence of those facts, respectively, unless the court specifically finds that the determinations were: (a) Arbitrary and capricious; or (b) Not supported by substantial evidence. (Added to NRS by 1981, 1619; A 1989, 22) NRS 37.039 Conditions precedent to acquiring certain parcels of property for purpose of open-space use. 1. Notwithstanding any other provision of law, an agency may not exercise the power of eminent domain to acquire a parcel of property or group of contiguous parcels of property that is more than 40 acres in area for the purpose of open-space use unless: (a) Before the governing body of the agency votes to commence an action in eminent domain to acquire the property, the agency has negotiated with the owner of the property, in good faith, for a period of not less than 24 months beginning on the date on which the agency provided the written offer of compensation to the owner of the property pursuant to subsection 2, to reach an agreement regarding the amount of compensation to be paid for the property; (b) The use of property for the purpose of open-space use conforms with any applicable provisions of the applicable: (1) Master plan adopted pursuant to chapter 278 of NRS; (2) Zoning regulations adopted pursuant to chapter 278 of NRS; and (3) Open-space plan adopted pursuant to chapter 376A of NRS; (c) Each acre of the property is necessary for the purpose of open-space use and will be devoted to open-space use for not less than 50 years; and (d) If the agency is seeking to acquire water rights appurtenant to the property, the agency uses the water beneficially on the property for the purpose of open-space use. 2. To satisfy the requirement to have negotiated with the owner of the property in good faith, pursuant to paragraph (a) of subsection 1, an agency must, at a minimum: (a) Provide to the owner of the property, by personal delivery or by certified mail, return receipt requested, a written offer of compensation that includes: (1) A copy of the appraisal report upon which the offer of compensation is based; (2) A detailed description of the nature of the intended use of each acre of the property and the specific reasons for the necessity of acquiring each acre of the property for the purpose of open-space use; (3) If the agency is seeking to acquire any water rights appurtenant to the property, a detailed description of the intended beneficial use of the water rights on the property and the specific reasons for the necessity of acquiring the water rights; and (4) The value of the property, plus damages, if any, as appraised by the agency; and (b) Attempt to engage in meaningful negotiations with the owner of the property at least once per calendar month during the period described in paragraph (a) of subsection 1. 3. As used in this section: (a) “Agency” means the State of Nevada, any political subdivision of the State or any other governmental entity that possesses the power of eminent domain. (b) “Open-space plan” has the meaning ascribed to it in NRS 376A.010. (c) “Open-space use” means the use of property: (1) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment; or (2) To protect, conserve or preserve wildlife habitat. (Added to NRS by 2005, 1786, 2218) NRS 37.040 Conditions precedent to entry of judgment of condemnation; findings. No judgment of condemnation shall be entered unless the court first finds that: 1. The use to which the property is to be applied is a public use. 2. The property is necessary to such public use. 3. If the property is already appropriated to some public use, the public use to which it is to be applied is a more necessary public use. [1911 CPA § 667; RL § 5609; NCL § 9156]—(NRS A 1965, 994) NRS 37.050 Location of and entry upon land; damages. 1. If land is required for public use, the person, corporation or partnership or its agents in charge of the use may survey and locate it. The land must be located in the manner most compatible with the greatest public good and the least private injury, and subject to this chapter. The person, corporation or partnership or its agents may, with the consent of the owner or under a court order entered pursuant to subsection 2, enter upon the land and make examinations, surveys and maps thereof, including soil investigations, test borings and the appraisal and valuation of the land and any improvements thereon. 2. If the owner or occupant of the land fails or refuses to permit entry on the land for the purposes set forth in subsection 1, the person, corporation or partnership may petition the district court of the county in which the land is situated for an order permitting entry on the land for those purposes. If the court ascertains, by affidavit or otherwise, that the person, corporation or partnership in good faith desires to enter the land for those purposes, the court shall grant an order permitting that entry, conditioned upon the examination being made at reasonable times and in such a manner as to cause the least inconvenience to the owner or occupant of the land. 3. Entry upon land pursuant to this section does not give rise to any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to the land or any improvements thereon and all injuries resulting from negligence, wantonness or malice. [1911 CPA § 668; RL § 5610; NCL § 9157]—(NRS A 1977, 235; 1989, 548; 1995, 502) PROCEEDINGS NRS 37.055 Eminent domain proceedings take precedence over certain other proceedings and must be quickly heard and determined. All proceedings in all courts brought under this chapter to exercise the right of eminent domain take precedence over all other causes and actions not involving the public interest, to the end that all such proceedings must be quickly heard and determined. (Added to NRS by 1999, 3533) NRS 37.060 Verified complaint filed in district court in county in which property is situated; notice of pending litigation; effect. 1. All proceedings under this chapter

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