NAC504.421. Determining amount of award; proof of cause of grazing reductions.

     1. The money that a claimant may receive for:

     (a) A loss claimed includes the costs of restoring the property to its condition immediately before the damage.

     (b) The loss of a stored crop must be based on the fair market value of the crop where it was stored.

     (c) A loss to private property or a privately maintained improvement must be based on the cost of repairing or replacing the property or improvement, adjusted for the remaining useful life of the property or improvement immediately before the damage.

     (d) A loss from grazing reductions on private or public property must be contingent upon whether the claimant can prove by a preponderance of the evidence that the loss was caused solely by elk or game animals not native to this State. The burden of proof is the sole responsibility of the claimant.

     (e) The loss of a standing crop or pasture meadow must be determined by:

          (1) Comparing the harvest yield on the damaged area with comparable undamaged areas, and adjusting for any difference in production, if comparable undamaged areas are available;

          (2) Using the best estimate of yield provided by the claimant from past records of harvest and agreed to by the Department, if comparable undamaged areas are not available; or

          (3) Any other method agreed upon in writing by the claimant and the Department.

     (f) A loss on one site must be limited to $10,000, unless the Commission determines that a claimant may be paid more and there is sufficient money to pay him or her.

     2. For the purposes of paragraph (e) of subsection 1:

     (a) “Pasture meadow” means land which is:

          (1) Used primarily for the production of grasses or legumes;

          (2) Grazed on by livestock; and

          (3) Irrigated or maintained for livestock.

     (b) “Standing crop” means all products of the soil that are planted, managed, grown or farmed, including, but not limited to, grasses, legumes and grains which are growing and standing in a field. The term does not include windbreaks, gardens or ornamental trees and shrubs.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 4-18-90)