1. In the acquisition of property by eminent domain proceedings authorized by this chapter, the State shall proceed in the manner provided by chapter 37 of NRS, provided that the State in exercising such power shall, in addition to the damage for taking, injury or destruction of property, also pay the cost of removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location.
2. The power of the State to acquire by condemnation any railway, highway, main, pipe, conduit, wires, cables, poles and all other facilities and equipment or other property held for or devoted to a public use or to require by condemnation the relocation of any such property held for or devoted to a public use shall be exercised only after the court in which such condemnation proceedings are pending finds that the taking or relocation thereof for the public use of the State is of greater public necessity than the public use for which presently held or used.
3. The court in any such proceeding shall have full power and jurisdiction to fix the terms and conditions for the enjoyment of a right of common use in lieu of such taking or relocation as the court will determine will best suit the public interest and necessity.
[6:246:1949; 1943 NCL § 293.6]
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