Assembly Bill No. 56–Assemblyman Neighbors
Prefiled January 30, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Authorizes counties to transfer or sell
certain real property to certain persons without offering property to public under
certain circumstances. (BDR 20‑96)
FISCAL NOTE: Effect on Local Government: 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 counties; authorizing counties to transfer or sell real property
obtained from the Federal Government to certain persons without offering the
property to the public under certain circumstances; establishing a price for
the sale of such property under certain circumstances; requiring a county to
collect certain amounts from a person before selling or transferring the
property to that person; 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 244
of NRS is hereby amended by adding thereto a
1-2 new section to read as
follows:
1-3 1. A board of county commissioners may transfer
real property
1-4 which was acquired by the county directly from the Federal
Government
1-5 to a person without complying with the provisions of NRS 244.281 if
the
1-6 board of county commissioners determines that:
1-7 (a) The property is part of
an original mining townsite;
1-8 (b) The person and his
predecessors in interest, if any, have
1-9 continuously claimed, possessed and occupied such property for at
least
1-10 the 25 years immediately preceding the date of the transfer;
1-11 (c) The person’s claim of
right to possession of the property is based
1-12 upon a written instrument issued to him or his predecessors in
interest by
1-13 a person who claimed a right to possess the property; and
1-14 (d) The person or his
predecessors in interest have paid all taxes that
1-15 have been assessed against the property for the period during which
the
1-16 person and his predecessors in interest have claimed, possessed and
1-17 occupied the property.
2-1 2. The board of county commissioners may sell
real property which
2-2 was acquired by the county directly from the Federal Government to
a
2-3 person without complying with the provisions of NRS 244.281 if the
2-4 board of county commissioners determines that the requirements set
2-5 forth in paragraphs (a) and (b) of subsection 1 apply to the
property. To
2-6 establish a price for a sale pursuant to this subsection, a board
of county
2-7 commissioners shall obtain an appraisal of the property from a
person
2-8 who is certified to appraise real estate pursuant to chapter 645C
of NRS.
2-9 The price of property sold pursuant to this subsection must be
equal to
2-10 the sum of the appraised value of the property plus the greater of:
2-11 (a) One hundred dollars; or
2-12 (b) The balance of the
state, county and municipal taxes that are due
2-13 and owing on the
land for the 5 years immediately preceding the date of
2-14 the sale.
2-15 3. For purposes of this section, a person shall
be deemed to have
2-16 continuously possessed and occupied real property if during the
time the
2-17 person claims that he and his predecessors in interest, if any,
have
2-18 possessed and occupied the real property, the real property has
been:
2-19 (a) Usually inhabited,
cultivated or improved by the person or his
2-20 predecessors in interest;
2-21 (b) Protected by a
substantial enclosure erected by the person or his
2-22 predecessors in interest; or
2-23 (c) Used by the person or
his predecessors in interest for the
2-24 production of fuel, timber, ore or minerals, for husbandry or
pasturage
2-25 or for any other habitual use that the board of county
commissioners
2-26 determines to be indicative of possession and occupancy.
2-27 4. Before submitting documents to the county
recorder to record a
2-28 transfer or sale of property to a person pursuant to this section,
the board
2-29 of county commissioners shall:
2-30 (a) Charge and collect from
the person to whom the real property is
2-31 being transferred or sold a payment in an amount equal to the sum
of:
2-32 (1) If applicable, the
sales price determined pursuant to subsection
2-33 2; and
2-34 (2) The total cost to the
county of:
2-35 (I) Acquiring the
property from the Federal Government; and
2-36 (II) Conveying the
property to the person; and
2-37 (b) Submit the money
collected pursuant to this section to the county
2-38 treasurer.
2-39 5. As used in this section, “original mining
townsite” means real
2-40 property owned by the Federal Government upon which improvements
2-41 were made:
2-42 (a) Because a mining
operation was located near the property; and
2-43 (b) Based upon the belief
that:
2-44 (1) The property had been
or would be acquired from the Federal
2-45 Government by the entity that operated the mine; or
2-46 (2) The person who made
the improvement had a valid claim for
2-47 acquiring the property from the Federal Government.
3-1 Sec. 2. NRS 244.281 is hereby amended to read as follows:
3-2 244.281 Except as otherwise
provided in NRS 244.279 and 244.288
[:]
3-3 and section 1 of this act:
3-4 1. When a board of county commissioners has
determined by
3-5 resolution that the sale or
exchange of any real property owned by the
3-6 county will be for purposes
other than to realign, change, vacate or
3-7 otherwise adjust any street,
alley, avenue or other thoroughfare, or portion
3-8 thereof, within the county
and will be in the best interest of the county, it
3-9 may:
3-10 (a) Sell the property at
public auction, in the manner prescribed for the
3-11 sale of real property in NRS
244.282.
3-12 (b) Sell the property
through a licensed real estate broker, or if there is
3-13 no real estate broker
resident of the county, the board of county
3-14 commissioners may negotiate
the sale of the property. No exclusive listing
3-15 may be given. In all
listings, the board of county commissioners shall
3-16 specify the minimum price,
the terms of sale and the commission to be
3-17 allowed, which must not
exceed the normal commissions prevailing in the
3-18 community at the time.
3-19 (c) Exchange the property for
other real property of substantially equal
3-20 value, or for other real
property plus an amount of money equal to the
3-21 difference in value, if it
has also determined by resolution that the
3-22 acquisition of the other
real property will be in the best interest of the
3-23 county.
3-24 2. Before the board of county commissioners may
sell or exchange any
3-25 real property as provided in
paragraphs (b) and (c) of subsection 1, it shall
3-26 publish a notice of its
intention to sell or exchange once a week for 3
3-27 weeks in a newspaper
qualified under chapter 238 of NRS. In case of:
3-28 (a) A sale, the notice must
state the name of the licensed real estate
3-29 broker handling the sale and
invite interested persons to negotiate with
3-30 him.
3-31 (b) An exchange, the notice
must call for offers of cash or exchange.
3-32 The commission shall accept
the highest and best offer.
3-33 3. If the board of county commissioners by its
resolution further finds
3-34 that the property to be sold
is worth more than $1,000, the board shall
3-35 appoint one or more
disinterested, competent real estate appraisers to
3-36 appraise the property, and,
except for property acquired pursuant to NRS
3-37 371.047, shall not sell or
exchange it for less than the appraised value.
3-38 4. If the property is
appraised at $1,000 or more, the board of county
3-39 commissioners may sell it
either for cash or for not less than 25 percent
3-40 cash down and upon deferred
payments over a period of not more than 10
3-41 years, secured by a mortgage
or deed of trust, bearing such interest and
3-42 upon such further terms as
the board of county commissioners may specify.
3-43 Sec. 3. NRS 371.047 is hereby amended to read as follows:
3-44 371.047 1. A county may use the proceeds of the tax
imposed
3-45 pursuant to NRS 371.045, or
of bonds, notes or other obligations incurred
3-46 to which the proceeds of
those taxes are pledged to finance a project
3-47 related to the construction
of a highway with limited access, to:
3-48 (a) Purchase residential real property which shares a boundary with
a
3-49 highway with limited access
or a project related to the construction of a
4-1 highway with limited access,
and which is adversely affected by the
4-2 highway. Not more than 1
percent of the proceeds of the tax or of any
4-3 bonds to which the proceeds
of the tax are pledged may be used for this
4-4 purpose.
4-5 (b) Pay for the cost of moving persons whose primary residences are
4-6 condemned for a right of way
for a highway with limited access and who
4-7 qualify for such payments.
The board of county commissioners shall, by
4-8 ordinance, establish the
qualifications for receiving payments for the cost
4-9 of moving pursuant to this
paragraph.
4-10 2. A county may, in
accordance with NRS 244.265 to 244.296,
4-11 inclusive, and section 1 of this act, dispose
of any residential real property
4-12 purchased pursuant to this
section, and may reserve and except easements,
4-13 rights or interests related
thereto, including, but not limited to:
4-14 (a) Abutter’s rights of light, view or air.
4-15 (b) Easements of access to and from abutting land.
4-16 (c) Covenants prohibiting the use of signs, structures or devices
4-17 advertising activities not
conducted, services not rendered or goods not
4-18 produced or available on the
real property.
4-19 3. Proceeds from the sale
or lease of residential real property acquired
4-20 pursuant to this section
must be used for the purposes set forth in this
4-21 section and in NRS 371.045.
4-22 4. For the purposes of this
section, residential real property is
4-23 adversely affected by a
highway with limited access if the construction or
4-24 proposed use of the highway:
4-25 (a) Constitutes a taking of all or any part of the property, or
interest
4-26 therein;
4-27 (b) Lowers the value of the property; or
4-28 (c) Constitutes a nuisance.
4-29 5. As used in this section:
4-30 (a) “Highway with limited access” means a divided highway for
4-31 through traffic with full
control of access and with grade separations at
4-32 intersections.
4-33 (b) “Primary residence” means a dwelling, whether owned or rented
by
4-34 the occupant, which is the
sole principal place of residence of that
4-35 occupant.
4-36 (c) “Residential real property” means a lot or parcel of not more
than
4-37 1.5 acres upon which a
single-family or multifamily dwelling is located.
4-38 Sec. 4. This act becomes effective upon passage and approval..
4-39 H