Statute 37 040

No judgment of condemnation shall be entered unless the court first finds that: 1. The use to which the property is to be applied is a public use. 2. The property is necessary to such public use. 3. If the property is already appropriated to some public use, the public use to which it is to be applied is a more necessary public use. [1911 CPA § 667; RL § 5609; NCL § 9156]—(NRS A 1965, 994)