6. Appeal
1. Where the State appeals an award as excessive, and where
the State is already in possession, the court may require that the award be
deposited, although a lesser amount has already been paid, and although the
landowner may squander the money. State v. Second
Judicial Dist. Ct., 75 Nev. 200, 204-205, 206, 337 P.2d 274 (1959) (#28)
a) "Although compensation need
not first be made, but need only be secured, payment should not be unduly delayed
in those cases where the condemnee has already lost the possession and use of
his property." Id. at 205 (#28)
b) The State may have restitution
of any amount determined to be excessive. Id. at 206 (#28)
2. Appeal/Standard: "The district court's determination
as to the fair market value of real property will not be disturbed on appeal
if it is supported by substantial evidence." Halfon
v. Title Ins. & Trust Co., 97 Nev. 421, 423, 424, 634 P.2d 660 (1981)
(#65)
3. Valuation/Appeal: Valuation of land taken in eminent
domain, supported by substantial evidence, will not be disturbed on appeal.
Dep't of Hwys. v. Wells Cargo, Inc., 82 Nev.
82, 85, 411 P.2d 120 (1966) (#37)