1. The property and interests therein must be acquired by the Department in the name of and in behalf of the State, either by donation, dedication, agreement, exchange, lease, option, purchase or through the exercise of the power of eminent domain.

2. The Department may exercise the power of eminent domain to acquire a fee in any property in which it has already acquired a lesser estate or interest.

3. Proceedings in eminent domain for the acquisition of property or any interest therein for the highway purposes set forth in NRS 408.487 must be had pursuant to the provisions of chapter 37 of NRS, except as otherwise prescribed by this chapter.

4. The entire cost of acquiring the property and interests therein, except as otherwise provided in this chapter, must be paid out of the State Highway Fund.

5. Whenever a part of a parcel of real property, an interest therein or an improvement thereon is to be acquired under the provisions of this chapter and the remainder is proposed to be left in such irregular shape, uneconomical size, utility or condition as to be of little value or to give rise to claims or litigation concerning damages, the Department may acquire by the methods provided in subsection 1 the whole parcel and may:

(a) Dispose of the remainder pursuant to NRS 408.533;

(b) Exchange it for other property or interests therein required for highway purposes; or

(c) Use it for any purpose enumerated in subsection 2 of NRS 408.487.

(Added to NRS by 1985, 703)