37.085 - Hearing after defendant’s default: Determination of value and damages by court; judgment.

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 the defendant’s 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 the defendant’s default be entered,

Ê 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)