must be brought in the district court for the county in which the property or a part thereof is situated. The complaint in such cases must be verified, and the party instituting any such proceedings shall record with the recorder of each county in which any of the property is situated a notice of the pendency of the action. 2. From the time of such recording every purchaser or encumbrancer whose conveyance or encumbrance is not then recorded or docketed shall be deemed a subsequent purchaser or encumbrancer and is bound by the proceedings to the same extent and in the same manner as if he were a party therein. He may intervene in the manner provided by NRS 37.080. [1911 CPA § 669; RL § 5611; NCL § 9158]—(NRS A 1965, 994; 2001, 1749) NRS 37.070 Contents of complaint; inclusion of separate parcels in same or separate proceedings. 1. The complaint must contain: (a) The name of the court in which the action is commenced. (b) The name of the corporation, partnership, association, commission or person in charge of the public use for which the property is sought, who must be styled plaintiff. (c) The names of all owners, occupants and claimants of the property, if known, or a statement that they are unknown, who must be styled defendants. (d) A statement of the right of the plaintiff. (e) If a right-of-way is sought, the complaint must show the location, general route and termini, and must be accompanied with a map thereof, so far as the right-of-way is involved in the action or proceeding. (f) A description of each piece of land sought to be taken, and whether it includes the whole or only part of an entire parcel or tract. 2. All parcels lying in the county and required for the same public use may be included in the same or separate proceedings, at the option of the plaintiff, but the court may consolidate or separate them to suit the conveniences of parties. Each defendant, at his option, may have a separate trial. [1911 CPA § 670; RL § 5612; NCL § 9159]—(NRS A 1989, 548; 1991, 456) NRS 37.075 Summons. A summons shall be served with the complaint as in civil actions and shall contain a direction that the defendant appear and answer the complaint within 30 days after service of the summons and complaint, and a further direction that unless the defendant so appears and answers, the plaintiff will be entitled to a judgment of condemnation by default. (Added to NRS by 1965, 996) NRS 37.080 All parties in interest may appear. All persons in occupation of, or having or claiming an interest in, any of the property described in the complaint, or in the damages for the taking thereof, though not named, may appear, plead and defend, each in respect to his own property or interest, or that claimed by him, in like manner as if named in the complaint. [1911 CPA § 671; RL § 5613; NCL § 9160] NRS 37.083 Default of defendant: Entry; effect. If the defendant fails to file his answer within 30 days after service of the summons and complaint, the clerk shall, upon application of the plaintiff, enter the defendant’s default, and the defendant shall be deemed to have waived all defenses and objections to the sufficiency and validity of the complaint and to the right of plaintiff to condemn the described property for the purposes stated therein. (Added to NRS by 1965, 997) NRS 37.085 Hearing after defendant’s default: Determination of value and damages by court; judgment. 1. Where any defendant has failed to: (a) Answer within the time allowed, and the clerk has entered his default; or (b) Appear at the time set for trial, whether such trial be before the court with or without a jury, and the court has directed that his default be entered, the court shall proceed to conduct a hearing to determine the value of the property and any damages. 2. For the purpose of the hearing required by this section, the court may consider, by affidavit or otherwise: (a) Proof of the value of the property taken; (b) The damages, if any, which may result from the condemnation; and (c) The amount, if any, alleged in the complaint to be just compensation, and shall enter such judgment as it deems proper. (Added to NRS by 1965, 997; A 1967, 814) NRS 37.090 Power of court. The court or judge thereof shall have power: 1. To determine the places of making connections, crossings, cattle guards and culverts, and to regulate the manner thereof, and of enjoying the common use mentioned in subsection 5 of NRS 37.030. 2. To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor. 3. To determine the respective rights of different parties asking condemnation of the same property. [1911 CPA § 672; RL § 5614; NCL § 9161]—(NRS A 1965, 995) NRS 37.100 Motion by plaintiff for order permitting occupancy pending entry of judgment; notice, hearing and proof; bond or deposit in court; defendant may be restrained. 1. The plaintiff may move the court or a judge thereof at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant if he is a resident of the county or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature. 2. The court or judge shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned, the damages which will accrue from the condemnation and the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties. 3. If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the value and damages may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages if the property is condemned, and to pay all damages arising from occupation before judgment if the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification. 4. In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of that money to the defendant does not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited must be conditioned upon the waiver of all defenses except those relating to the amount of compensation. 5. The amount of the penal bond or the deposit is for the purpose of the motion only and is not admissible in evidence on final hearing.

Vegas Law