Assembly Bill No. 198–Assemblymen Carpenter, Hettrick, Gustavson, Collins, Von Tobel, Neighbors, de Braga
and Dini

February 11, 1999

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Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions governing grazing preference rights. (BDR 50-174)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to grazing; providing that a grazing preference right is appurtenant to base property; prohibiting a person from being deprived of that right without just compensation under certain circumstances; providing a penalty for willfully or negligently interfering with the herding or grazing of livestock or damaging or destroying certain improvements under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 568 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in the Taylor Grazing Act:

1-4 (a) A grazing preference right shall be deemed appurtenant to base

1-5 property; and

1-6 (b) If base property or any portion of base property is sold, leased or

1-7 otherwise transferred, the person to whom the property is sold, leased or

1-8 otherwise transferred must not be deprived of any grazing preference

1-9 right that is appurtenant to that property solely on the basis of the sale,

1-10 lease or other transfer of that property unless the person consents to, or

1-11 receives just compensation for, the deprivation of that right.

1-12 2. Except as otherwise provided in NRS 568.230 to 568.370,

1-13 inclusive, a person who willfully or negligently:

1-14 (a) Interferes with the lawful herding or grazing of livestock on land:

1-15 (1) That is base property; or

2-1 (2) Other than base property that is located within a grazing district

2-2 and upon which the livestock are herded or grazed in accordance with a

2-3 permit to graze livestock issued pursuant to the provisions of the Taylor

2-4 Grazing Act; or

2-5 (b) Damages or destroys a fence, gate, facility for watering livestock

2-6 or other improvement that is used to sustain livestock and is located on

2-7 land specified in paragraph (a),

2-8 is guilty of a misdemeanor. In addition to any other penalty, the court

2-9 shall order the person to pay restitution.

2-10 3. As used in this section:

2-11 (a) "Base property" means any land or water in this state that is

2-12 owned, occupied or controlled by a person who has obtained an

2-13 appurtenant grazing preference right for that land or water pursuant to

2-14 the provisions of the Taylor Grazing Act.

2-15 (b) "Grazing preference right" means a right that:

2-16 (1) Is conferred upon a person pursuant to the provisions of the

2-17 Taylor Grazing Act; and

2-18 (2) Entitles the person to priority in the issuance of a permit to

2-19 graze livestock in accordance with those provisions.

2-20 (c) "Taylor Grazing Act" has the meaning ascribed to it in NRS

2-21 568.010.

2-22 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-23 that are committed before October 1, 1999.

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