Assembly Bill No. 568–Committee on Government Affairs

 

(On Behalf of County Fiscal Officers Association)

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes relating to county recorders. (BDR 20‑267)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to county recorders; revising the provisions governing county recorders; 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. NRS 244.3605 is hereby amended to read as follows:

1-2    244.3605  1.  Notwithstanding the provisions of NRS 244.360 and

1-3  244.3601, the board of county commissioners of a county may adopt by

1-4  ordinance procedures pursuant to which the board or its designee may

1-5  order an owner of property within the county to:

1-6    (a) Repair, safeguard or demolish a dangerous structure;

1-7    (b) Clear debris, rubbish and refuse which is not subject to the

1-8  provisions of chapter 459 of NRS; or

1-9    (c) Clear weeds and noxious plant growth,

1-10  to protect the public health, safety and welfare of the residents of the

1-11  county.

1-12    2.  An ordinance adopted pursuant to subsection 1 must:

1-13    (a) Contain procedures pursuant to which the owner of the property is:

1-14      (1) Sent notice, by certified mail, return receipt requested, of the

1-15  existence on his property of a condition set forth in subsection 1 and the

1-16  date by which he must abate the condition; and

1-17      (2) Afforded an opportunity for a hearing before the designee of the

1-18  board and an appeal of that decision to the board.

1-19    (b) Provide that the date specified in the notice by which the owner

1-20  must abate the condition is tolled for the period during which the owner

1-21  requests a hearing and receives a decision.

2-1    (c) Provide the manner in which the county will recover money

2-2  expended for labor and materials used to abate the condition on the

2-3  property if the owner fails to abate the condition.

2-4    (d) Provide for civil penalties for each day that the owner did not abate

2-5  the condition after the date specified in the notice by which the owner was

2-6  required to abate the condition.

2-7    3.  The board or its designee may direct the county to abate the

2-8  condition on the property and may recover the amount expended by the

2-9  county for labor and materials used to abate the condition if:

2-10    (a) The owner has not requested a hearing within the time prescribed in

2-11  the ordinance adopted pursuant to subsection 1 and has failed to abate the

2-12  condition on his property within the period specified in the notice.

2-13    (b) After a hearing in which the owner did not prevail, the owner has

2-14  not filed an appeal within the time prescribed in the ordinance adopted

2-15  pursuant to subsection 1 and has failed to abate the condition within the

2-16  period specified in the order.

2-17    (c) The board has denied the appeal of the owner and the owner has

2-18  failed to abate the condition within the period specified in the order.

2-19    4.  In addition to any other reasonable means of recovering money

2-20  expended by the county to abate the condition, the board may provide that

2-21  the expense is a lien upon the property upon which such a condition is

2-22  located. The lien must be perfected by:

2-23    (a) Mailing by certified mail a notice of the lien, separately prepared for

2-24  each lot affected, addressed to the last known owner of the property at his

2-25  last known address, as determined by the real property assessment roll in

2-26  the county in which the property is located; and

2-27    (b) [Filing] Recording with the county recorder of the county in which

2-28  the property is located, a statement of the amount due and unpaid and

2-29  describing the property subject to the lien.

2-30    Sec. 2.  NRS 246.020 is hereby amended to read as follows:

2-31    246.020  1.  Each county clerk shall, before entering upon the duties

2-32  of his office:

2-33    (a) Take the oath prescribed by law.

2-34    (b) Execute to the county a penal bond in the sum of $10,000,

2-35  conditioned for the faithful discharge of the duties of his office, which

2-36  bond must be approved by the district judge and [filed] recorded in the

2-37  office of the county recorder, unless a blanket fidelity bond is furnished by

2-38  the county.

2-39    2.  In all counties where the county clerk is ex officio county recorder,

2-40  the official bond of the county clerk must be recorded in the manner and

2-41  place as provided in subsection 1, and immediately thereafter must be

2-42  deposited for safekeeping in the office of the county treasurer.

2-43    Sec. 3.  NRS 246.030 is hereby amended to read as follows:

2-44    246.030  1.  All county clerks are authorized to appoint deputies, who

2-45  are authorized to transact all official business appertaining to the office[,]

2-46  to the same extent as their principals. A deputy must be at least 18 years of

2-47  age.

2-48    2.  County clerks are responsible on their official bonds for all official

2-49  malfeasance or nonfeasance of their deputies. Bonds for the faithful

3-1  performance of their official duties may be required of deputies by county

3-2  clerks.

3-3    3.  All appointments of deputies under the provisions of this section

3-4  must be in writing, and must, together with the oath of office of the

3-5  deputies, be [filed and recorded in a book provided for that purpose]

3-6  recorded in the office of the recorder of the county within which the

3-7  principal legally holds and exercises his office. Revocations of such

3-8  appointments must [also be filed and recorded as herein provided.] be

3-9  recorded in the same manner. From the time of the [filing] recording of

3-10  the appointments or revocations , [therein,] persons shall be deemed to

3-11  have notice of the [same.] appointment or revocation.

3-12    Sec. 4.  Chapter 247 of NRS is hereby amended by adding thereto a

3-13  new section to read as follows:

3-14    As used in this chapter, unless the context otherwise requires,

3-15  “document” means a written instrument, paper, notice, deed,

3-16  conveyance, map, chart, survey or any other writing, without regard to:

3-17    1.  The form in which the document is received by a county recorder;

3-18    2.  The method used to transmit the document to a county recorder;

3-19  or

3-20    3.  The method used by a county recorder to store, access or retrieve

3-21  the document.

3-22    Sec. 5.  NRS 247.040 is hereby amended to read as follows:

3-23    247.040  1.  All county recorders are authorized to appoint deputies,

3-24  who are authorized to transact all official business appertaining to the

3-25  office[,] to the same extent as their principals. A deputy must be at least 18

3-26  years of age.

3-27    2.  County recorders are responsible on their official bonds for all

3-28  official malfeasance or nonfeasance of their deputies. Bonds for the faithful

3-29  performance of their official duties may be required of deputies by county

3-30  recorders.

3-31    3.  All appointments of deputies under the provisions of this section

3-32  must be in writing, and must, together with the oath of office of the

3-33  deputies, be [filed and recorded in a book provided for that purpose]

3-34  recorded in the office of the recorder of the county within which the

3-35  county recorder legally holds [and exercises his] office. Revocations of

3-36  such appointments must [also be filed and recorded as herein provided.] be

3-37  recorded in the same manner. From the time of the [filing] recording of

3-38  the appointments or revocations , [therein,] persons shall be deemed to

3-39  have notice of the [same.] appointment or revocation.

3-40    Sec. 6.  NRS 247.060 is hereby amended to read as follows:

3-41    247.060  A county recorder [is empowered to] may take and certify the

3-42  acknowledgment and proof of all [conveyances] documents affecting any

3-43  real property[, or of any other written instrument,] for which he [shall] is

3-44  entitled to receive the same fees as are prescribed by law. [All] A county

3-45  recorder shall deposit all such fees [shall be deposited] in the county

3-46  general fund.

3-47    Sec. 7.  NRS 247.070 is hereby amended to read as follows:

3-48    247.070  1.  [County recorders shall subscribe for such newspapers, at

3-49  least one and] A county recorder may purchase a subscription for not

4-1  more than three[,] newspapers printed and published in [their respective

4-2  counties, as the board of county commissioners therein may select and

4-3  determine.

4-4    2.  Except as otherwise provided in subsection 6, each county recorder

4-5  shall:

4-6    (a) Receive and preserve every copy of the paper or papers so

4-7  subscribed for; and

4-8    (b) From time to time, cause the same to be arranged properly and

4-9  bound in volumes of convenient size in a substantial manner.

4-10  The volumes when bound must be kept in his office for the use of the

4-11  courts and the public, all of whom must be given access to the volumes at

4-12  all times during office hours, free of charge. Except as otherwise provided

4-13  in subsection 4, the county recorder is entitled to receive for his services in

4-14  this behalf the sum of $10 for each volume. For neglect of the duties

4-15  hereby imposed, he shall forfeit the sum of $50 to be recovered, with costs,

4-16  in a civil action before any court, one-half of which must be paid into the

4-17  county school fund, and the other half to the person who prosecutes the

4-18  action to successful termination.

4-19    3.] the county where the county recorder holds office.

4-20    2.  The county recorder [of each county] may microfilm each issue of

4-21  the newspaper or newspapers subscribed for as provided in subsection 1 .

4-22  [and keep the microfilm in lieu of keeping the newspapers.

4-23    4.  The price of the papers, the binding of the several volumes thereof,

4-24  the cost of microfilming, and the county recorder’s compensation for the

4-25  care and preservation of the newspapers and microfilm must be paid out of

4-26  the general fund of the county, in the same manner that other charges are

4-27  audited and allowed from the fund by the respective boards of county

4-28  commissioners; but in any county in which the county recorder is

4-29  compensated by a salary, the county recorder is entitled to receive for such

4-30  services no compensation additional to that of his salary, and the expense

4-31  of procuring and filing the newspapers or microfilm must be paid as

4-32  stationery and books for the office of the county recorder are now paid for.

4-33    5.  Any person who willfully abstracts, destroys, mutilates or defaces

4-34  any microfilm, volume or newspaper purchased in pursuance of this

4-35  section is guilty of a misdemeanor.

4-36    6.  In order to satisfy the requirements of subsection 2, a county

4-37  recorder may enter into an agreement with a public library serving that

4-38  county which provides that the library will receive, preserve, bind and

4-39  make available the newspapers in accordance with subsection 2. Such an

4-40  agreement may provide that the library may keep microfilm in lieu of

4-41  keeping the newspapers.]

4-42    Sec. 8.  NRS 247.080 is hereby amended to read as follows:

4-43    247.080  [1.  Each county recorder must procure such books for

4-44  records as the business of his office requires, but orders for the same must

4-45  be obtained from the board of county commissioners.

4-46    2.  The] Each county recorder shall [have the] take custody of and

4-47  [shall be] is responsible for all [books, records, maps and papers]

4-48  documents deposited in his office.

 

5-1    Sec. 9.  NRS 247.090 is hereby amended to read as follows:

5-2    247.090  All [books of records, maps, charts, surveys and other papers]

5-3  documents on file in the office of the county recorder, must, during office

5-4  hours, be open for inspection by any person without charge. The county

5-5  recorder must arrange the books of record and indexes in his office in such

5-6  suitable places as to facilitate their inspection.

5-7    Sec. 10.  NRS 247.100 is hereby amended to read as follows:

5-8    247.100  [1.] Each county recorder shall:

5-9    [(a) Enter]

5-10    1.  Record each document[, instrument or paper filed in his office in a

5-11  book to be known as the receiving book,] in the order in which it is [filed.

5-12    (b) Give to each document, instrument or paper thus filed its proper

5-13  number in the order of filing.

5-14    (c) Write opposite the title, name or designation of such filing in the

5-15  receiving book the date of filing, the file number so given to it, and the

5-16  amount of fees collected for the recording or filing of the same, as the case

5-17  may be.

5-18    (d) Upon request, issue his receipt for the fee, with the file number

5-19  placed thereon.

5-20    2.  The receiving book, when so kept, shall be the fee book of the

5-21  county recorder for the matters mentioned in this section, and shall be open

5-22  to the inspection of anyone desiring so to do.

5-23    3.  The file number of each document, instrument or paper, as

5-24  mentioned in this section, shall be placed on such document, instrument or

5-25  paper at the time of filing, and on the official record when and where the

5-26  same shall be recorded.

5-27    4.  Any county recorder who shall willfully violate any of the

5-28  provisions of this section shall be fined not more than $500.] received;

5-29    2.  Maintain a record of all transactions conducted within the office

5-30  and a record of all fees collected; and

5-31    3.  Make the records maintained pursuant to subsection 2 available

5-32  for public inspection during regular business hours.

5-33    Sec. 11.  NRS 247.110 is hereby amended to read as follows:

5-34    247.110  1.  When [any instrument, paper or notice] a document

5-35  authorized by law to be recorded [or filed] is deposited in the county

5-36  recorder’s office for recording , [or for filing,] the county recorder shall:

5-37    (a) Endorse upon it the time when it was received, noting:

5-38      (1) The year, month, day, hour and minute of its reception ; [.]

5-39      (2) The [file number thereof.

5-40      (3) The book and page where recorded or the place where filed.

5-41      (4)] document number; and

5-42      (3) The amount of fees collected for recording[or filing.] the

5-43  document.

5-44    (b) Record [or file the instrument] the document without delay, together

5-45  with the acknowledgments, proofs and certificates, written upon or

5-46  annexed to it, with the plats, surveys, schedules and other papers thereto

5-47  annexed, in the order in which the [instruments are] papers are received

5-48  for recording . [or for filing.]

6-1    (c) Note at the foot of the record and upon the [instrument so filed or]

6-2  document so recorded the exact time of its reception, and the name of the

6-3  person at whose request it was recorded . [or filed.]

6-4    (d) Upon request, place a stamp or other notation upon one copy of the

6-5  [instrument, paper or notice] document presented at the time of recording

6-6  [or filing] to reflect the information endorsed upon the original pursuant to

6-7  subparagraphs (1) and (2) of paragraph (a) and as evidence that he received

6-8  the original, and return the copy to the person who presented it.

6-9    2.  A county recorder may endorse the information described in

6-10  paragraph (a) of subsection 1 on the book and page where a document is

6-11  recorded.

6-12    3.  A county recorder shall not refuse to record [or file any instrument,

6-13  paper or notice] a document on the grounds that the [instrument, paper or

6-14  notice] document is not legally effective to accomplish the purposes stated

6-15  therein.

6-16    Sec. 12.  NRS 247.110 is hereby amended to read as follows:

6-17    247.110  1.  When a document authorized by law to be recorded is

6-18  deposited in the county recorder’s office for recording, the county recorder

6-19  shall:

6-20    (a) Endorse upon it the time when it was received, noting:

6-21      (1) The year, month, day, hour and minute of its reception;

6-22      (2) The document number; and

6-23      (3) The amount of fees collected for recording the document.

6-24    (b) Record the document without delay, together with the

6-25  acknowledgments, proofs and certificates, written upon or annexed to it,

6-26  with the plats, surveys, schedules and other papers thereto annexed, in the

6-27  order in which the papers are received for recording.

6-28    (c) Note at the [foot] upper right corner of the record and upon the

6-29  document , except a map, so recorded the exact time of its reception, and

6-30  the name of the person at whose request it was recorded.

6-31    (d) Upon request, place a stamp or other notation upon one copy of the

6-32  document presented at the time of recording to reflect the information

6-33  endorsed upon the original pursuant to subparagraphs (1) and (2) of

6-34  paragraph (a) and as evidence that he received the original, and return the

6-35  copy to the person who presented it.

6-36    2.  A county recorder may endorse the information described in

6-37  paragraph (a) of subsection 1 on the book and page where a document is

6-38  recorded.

6-39    3.  A county recorder shall not refuse to record a document on the

6-40  grounds that the document is not legally effective to accomplish the

6-41  purposes stated therein.

6-42    4.  A document, except a map, that is submitted for recording must:

6-43    (a) Be on paper that is 8 1/2 inches by 11 inches in size;

6-44    (b) Have a margin of 1 inch on the left and right sides and at the

6-45  bottom of each page; and

6-46    (c) Have a space of 3 inches by 3 inches at the upper right corner of

6-47  the first page and have a margin of 1 inch at the top of each succeeding

6-48  page.

 

7-1    Sec. 13.  NRS 247.120 is hereby amended to read as follows:

7-2    247.120  1.  Each county recorder shall, upon the payment of the

7-3  prescribed statutory fees, record separately, in a manner which will allow a

7-4  legible copy to be made, the following specified [instruments in large,

7-5  well-bound separate books, either sewed or of insertable leaves which

7-6  when placed in the book cannot be removed:] documents:

7-7    (a) Deeds, grants, patents issued by the State of Nevada or by the

7-8  United States, transfers and mortgages of real estate, releases of mortgages

7-9  of real estate, powers of attorney to convey real estate, and leases of real

7-10  estate which have been acknowledged or proved.

7-11    (b) Certificates of marriage and marriage contracts.

7-12    (c) Wills admitted to probate.

7-13    (d) Official bonds.

7-14    (e) Notice of mechanics’ liens.

7-15    (f) Transcripts of judgments which by law are made liens upon real

7-16  estate in this state and affidavits of renewal of those judgments.

7-17    (g) Notices of attachment upon real estate.

7-18    (h) Notices of the pendency of an action affecting real estate, the title

7-19  thereto, or the possession thereof.

7-20    (i) Instruments describing or relating to the separate property of married

7-21  persons.

7-22    (j) Notice of preemption claims.

7-23    (k) Notices and certificates of location of mining claims.

7-24    (l) Affidavits of proof of annual labor on mining claims.

7-25    (m) Affidavits of intent to hold mining claims recorded pursuant to

7-26  subsection 3 of NRS 517.230.

7-27    (n) Certificates of sale.

7-28    (o) Judgments or decrees.

7-29    (p) Declarations of homesteads.

7-30    (q) Such other writings as are required or permitted by law to be

7-31  recorded.

7-32    2.  Each of the [instruments] documents named in paragraph (a) of

7-33  subsection 1 may be recorded in separate books in the discretion of the

7-34  county recorder.

7-35    3.  Before accepting for recording any [instrument] document

7-36  enumerated in subsection 1, the county recorder [may] shall require a

7-37  [copy] document suitable for recording by a method used by the recorder

7-38  to preserve his records. [Where] If any rights may be adversely affected

7-39  because of a delay in recording caused by this requirement, the county

7-40  recorder shall accept the [instrument] document conditionally subject to

7-41  submission of a suitable [copy] document at a later date. [The provisions

7-42  of this subsection do not apply where it is impossible or impracticable to

7-43  submit a more suitable copy.] Before accepting a document conditionally,

7-44  the recorder shall require the person who requests the recording to sign a

7-45  statement that the person has been advised of the requirements described

7-46  in this subsection and record the statement with the document.

7-47    Sec. 14.  NRS 247.130 is hereby amended to read as follows:

7-48    247.130  1.  In lieu of any [or all] of the separate books provided for

7-49  in NRS 247.120, the county recorder may[, in his discretion, record any or

8-1  all of the instruments] record a document designated in NRS 247.120 in

8-2  one general series [of books] to be called “Official Records .” [,” which

8-3  books shall be numbered consecutively beginning with number 1.]

8-4    2.  The recording of [instruments] a document in such “Official

8-5  Records” will impart notice in like manner and effect as if [such

8-6  instruments] the document were recorded in any of the separate books

8-7  provided for in this chapter.

8-8    Sec. 15.  NRS 247.145 is hereby amended to read as follows:

8-9    247.145  1.  County recorders may record any [instrument, document,

8-10  paper or notice] document authorized, entitled or required by law to be

8-11  [filed, when deposited or] recorded when presented for [filing.

8-12    2.  The following acts shall be deemed equivalent to filing:

8-13    (a) Recording.

8-14    (b) Recording and microfilming an instrument, document, paper or

8-15  notice by county records in counties having microfilm equipment.

8-16    (c) Recording and preserving an instrument, document, paper or notice

8-17  in any other manner which will allow a legible copy to be made.]

8-18  recording.

8-19    2.  A document is recorded when the information required pursuant

8-20  to NRS 247.110 is placed on the document and is entered in the record of

8-21  the county recorder.

8-22    Sec. 16.  NRS 247.150 is hereby amended to read as follows:

8-23    247.150  1.  Each county recorder shall [keep] maintain two separate

8-24  indexes [for each separate book or series of books maintained] in his office

8-25  for the separate alphabetical recordation of the various classes of

8-26  [instruments] documents specified in NRS 247.120. One of the indexes

8-27  must be for the grantors, defendants, mortgagors, trustors, lessors, vendors,

8-28  assignors, appointors, parties releasing, judgment debtors, testators,

8-29  obligors under bonds, parties against whom liens are claimed or

8-30  attachments issued, mining locators, name of mine, persons filing or parties

8-31  adversely affected by the document indexed, and the other index must be

8-32  for the grantees, plaintiffs, mortgagees, beneficiaries, lessees, vendees,

8-33  assignees, appointees, parties whose mortgages, deeds of trust, liens and

8-34  similar encumbrances are released or the parties benefited by the document

8-35  indexed.

8-36    2.  Each of the indexes must be so arranged as to show:

8-37    (a) The names of each of the parties to [every instrument,] each

8-38  document except as otherwise provided in subsection 5.

8-39    (b) The date on which the [instrument was filed] document was

8-40  recorded in the office of the county recorder.

8-41    (c) The book and page where the [instrument] document is recorded, or

8-42  the [file number and file where the instrument may be filed.] document

8-43  number.

8-44    (d) Such other data as in the discretion of the county recorder may seem

8-45  desirable.

8-46  If the index is one general series [of books] for all [instruments] documents

8-47  recorded, it must also show the character of the [instrument] document

8-48  indexed.

9-1    3.  [The] A county recorder may keep in the same volume any two or

9-2  more of the indexes provided for in this section, but the indexes must be

9-3  kept distinct from each other. Every volume of indexes must be distinctly

9-4  marked on the outside in such a way as to show all of the indexes kept in it.

9-5    4.  The first column of the several indexes for parties adversely affected

9-6  and parties benefited must be arranged in alphabetical order.

9-7    5.  When a conveyance is executed by a sheriff, the name of the

9-8  [sheriff] county and the party charged in the execution must both be

9-9  inserted in the indexes. When [an instrument] a document is recorded [or

9-10  filed] to which an executor, administrator, guardian or trustee is a party, the

9-11  name of the executor, administrator, guardian or trustee, together with the

9-12  name of the testator, intestate, or ward, or party for whom the trust is held,

9-13  must be inserted in the index, except that the name of the trustee in a deed

9-14  of trust or in a partial or full deed of reconveyance need not be indexed. A

9-15  trustee’s deed given upon exercise of the power of sale under any deed of

9-16  trust must be indexed under the names of the original trustor and the

9-17  grantee named in it. [An instrument] A document affecting a limited

9-18  partnership is not required to be indexed under the names of the limited

9-19  partners if it is indexed under the names of the partnership and the general

9-20  partners.

9-21    6.  In addition to the indexes required by this section, the county

9-22  recorder shall [also] keep and maintain other indexes required in the

9-23  performance of his official duties.

9-24    7.  Except as otherwise provided in subsection 8, every [instrument

9-25  filed] document deposited in the office of any county recorder for [record

9-26  or filed, but not for] recordation, must be alphabetically indexed [in the

9-27  indexes provided for each separate book or set of books or file,] under the

9-28  names of each party adversely affected by the document and under the

9-29  names of each party benefited by the document so indexed.

9-30    8.  A map of a minor county road that is [filed] recorded in the office

9-31  of a county recorder must:

9-32    (a) Be [filed] recorded in the index for grantors according to the

9-33  townships, ranges and sections indicated on the face of the map; and

9-34    (b) Show the character of the [instrument] document as a map of a

9-35  minor county road.

9-36    9.  As an alternative to the method of indexing prescribed by this

9-37  section, the county recorder may[, with the permission of the board of

9-38  county commissioners,] use in place of the index books or volumes:

9-39    (a) Card indexes with a metal-reinforced hole punched in them for rod

9-40  insertion, and the card indexes must be kept in suitable metal file cabinets.

9-41    (b) A secure electronic method of indexing, including , without

9-42  limitation , microfilm produced by computer or a system using computer

9-43  terminals.

9-44    Sec. 17.  NRS 247.155 is hereby amended to read as follows:

9-45    247.155  1.  If a document contains the names of [500] 200 or more

9-46  persons which must be indexed in accordance with NRS 247.150, a county

9-47  recorder may require [a magnetic tape produced by a computer which can

9-48  be used on the computer in the county recorder’s office from] the person

9-49  who requests the recording of that document[. If this tape] to provide the

10-1  office of the county recorder with an electronic version or other copy of

10-2  the document that:

10-3    (a) Is compatible with and readable by the computer in the office of

10-4  the county recorder; and

10-5    (b) Complies with the indexing standards of the county recorder.

10-6    2.  If an electronic version or other copy described in subsection 1 is

10-7  furnished, the county recorder shall not charge a filing fee for any page

10-8  which contains those names.

10-9    Sec. 18.  NRS 247.160 is hereby amended to read as follows:

10-10  247.160  Whenever [any instrument filed for record with the] a

10-11  document is recorded by a county recorder [of any county] or a copy of

10-12  [the instrument] a document has been inserted into a book of record other

10-13  than that designated by law, but is later [indexed] included in the [proper

10-14  book of indexes, the instrument] correct index, the document from the

10-15  date of indexing imparts notice of its contents to all persons. Subsequent

10-16  purchasers, mortgagees, lienholders and encumbrancers purchase and take

10-17  with like notice and effect as if the [instrument] document had been

10-18  recorded in the proper book of record.

10-19  Sec. 19.  NRS 247.170 is hereby amended to read as follows:

10-20  247.170  1.  Whenever [any instrument] a document has been [filed

10-21  for record with the] recorded by a county recorder [of any county] as a

10-22  deed of trust, mortgage or financing statement, or a copy of [the

10-23  instrument] a document has been inserted into [any] a book of deeds,

10-24  deeds of trust, mortgages or financing statement, the [instrument]

10-25  document need not be again [filed for record or] recorded in the office as a

10-26  different [instrument] document from that so [filed for record or] recorded,

10-27  but the county recorder [must index the instrument] shall:

10-28  (a) Index the document in any of the indexes kept in his office upon the

10-29  request of the person requesting the recording of the [instrument]

10-30  document; and

10-31  (b) Index the payment to him of his legal fees for such indexing.

10-32  2.  The [instrument] document from the date of such indexing imparts

10-33  notice of its contents to all persons, and subsequent purchasers,

10-34  mortgagees, lienholders and encumbrancers purchase and take with like

10-35  notice and effect as if the [instrument] document had been copied or

10-36  recorded in the proper book of records corresponding with [such] all

10-37  indexes where so indexed.

10-38  Sec. 20.  NRS 247.180 is hereby amended to read as follows:

10-39  247.180  Except as otherwise provided in NRS 111.312, whenever [an

10-40  instrument] a document conveying, encumbering or mortgaging both real

10-41  and personal property is presented to [any] a county recorder for recording,

10-42  the county recorder shall record the [instrument in a book kept by him for

10-43  that purpose, which ] document. The record must be indexed in the real

10-44  estate index as deeds and other conveyances are required by law to be

10-45  indexed, and for which [he] the county recorder may receive the same fees

10-46  as are allowed by law for recording and indexing deeds and other

10-47  [instruments,] documents, but only one fee for the recording of [any

10-48  instrument] a document may be collected.

 

11-1    Sec. 21.  NRS 247.190 is hereby amended to read as follows:

11-2    247.190  1.  [Every instrument of writing] A document acknowledged

11-3  or proved and certified and recorded in the manner prescribed in this

11-4  chapter [shall,] from the time of [filing the same] depositing the document

11-5  with the county recorder of the proper county for record, [impart] provides

11-6  notice to all persons of the contents thereof, and all third parties shall be

11-7  deemed to purchase and take with notice.

11-8    2.  All [instruments filed] documents deposited for recordation with the

11-9  county recorder [shall] must have typed or legibly printed the names of all

11-10  signers thereon, excluding those of the acknowledging officers and

11-11  witnesses, beneath the original signatures. If [such an instrument] a

11-12  document does not contain [such] the typed or printed names, the county

11-13  recorder shall accept [such instrument] the document for recordation if

11-14  accompanied by an affidavit, for recordation with the [instrument,]

11-15  document, correctly spelling in legible print or type the signatures

11-16  appearing on [such instrument.] the document. This requirement [shall]

11-17  does not apply to military discharges or military [instruments,] documents,

11-18  to wills or court records, or to [any instrument dated prior to] a document

11-19  dated before July 1, 1963. Failure to print or type signatures as provided in

11-20  this subsection [shall] does not invalidate the [instrument.

11-21  3.  Every instrument of writing filed, but not for recordation, as

11-22  permitted by law, shall from the time of filing of the same with the county

11-23  recorder of the proper county impart notice to all persons of the contents

11-24  thereof, and all third parties shall be deemed to purchase and take with

11-25  notice.] document.

11-26  Sec. 22.  NRS 247.200 is hereby amended to read as follows:

11-27  247.200  [Instruments] A document affecting real property must be

11-28  recorded in the office of the county recorder of the county in which the real

11-29  property is situated. A county recorder may refuse to record a document

11-30  affecting real property if the real property is not located within the

11-31  county.

11-32  Sec. 23.  NRS 247.210 is hereby amended to read as follows:

11-33  247.210  A copy or abstract of [any instrument] a document once

11-34  recorded or filed in any recording office of any state, certified by the

11-35  county recorder or other appropriate officer in whose public office the

11-36  [instrument] document is recorded or filed, may be recorded [or filed] in

11-37  any county of this state, and when so recorded , [or filed] the record thereof

11-38  [, or the filed instrument,] has the same force and effect as though it were

11-39  of the original [instrument.] document.

11-40  Sec. 24.  NRS 247.305 is hereby amended to read as follows:

11-41  247.305  1.  If another statute specifies the fee to be charged for a

11-42  service, county recorders shall charge and collect only the fee specified.

11-43  Otherwise county recorders shall charge and collect the following fees:

 

11-44  For recording any document, for the first page.................................................... $7

11-45  For each additional page...................... 1

11-46  For recording each portion of a document which must be

11-47  separately indexed, after the first indexing ............................................................. 3

11-48  For copying any record, for each page. 1

12-1  For certifying, including certificate and seal....................................................... 4

12-2  For a certified copy of a certificate of marriage................................................ 7

12-3  For a certified abstract of a certificate of marriage................................................ 7

 

12-4    2.  Except as otherwise provided in subsection 3, a county recorder

12-5  shall not charge or collect any fees for any of the services specified in this

12-6  section when rendered by him to:

12-7    (a) The county in which his office is located.

12-8    (b) The State of Nevada or any city or town within the county in which

12-9  his office is located, if the document being recorded:

12-10     (1) Conveys to the state, or to that city or town, an interest in land;

12-11     (2) Is a mortgage or deed of trust upon lands within the county which

12-12  names the state or that city or town as beneficiary;

12-13     (3) Imposes a lien in favor of the state or that city or town; or

12-14     (4) Is a notice of the pendency of an action in eminent domain [filed]

12-15  recorded by the state pursuant to NRS 37.060.

12-16  3.  A county recorder shall charge and collect the fees specified in this

12-17  section for copying of any document at the request of the State of Nevada,

12-18  and any city or town within the county. For copying, and for his certificate

12-19  and seal upon the copy, the county recorder shall charge the regular fee.

12-20  4.  For purposes of this section, “State of Nevada,” “county,” “city”

12-21  and “town” include any department or agency thereof and any officer

12-22  thereof in his official capacity.

12-23  5.  Except as otherwise provided by an ordinance adopted pursuant to

12-24  the provisions of NRS 244.207, county recorders shall, on or before the

12-25  fifth working day of each month, account for and pay to the county

12-26  treasurer all such fees collected during the preceding month.

12-27  Sec. 25.  NRS 247.320 is hereby amended to read as follows:

12-28  247.320  [County recorders are required to file and record in their

12-29  respective offices and in the books provided therefor,]

12-30  1.  A county recorder shall:

12-31  (a) Record deeds of conveyances and judgments vesting or perfecting

12-32  title in the United States[, and to certify copies of such instruments

12-33  furnished by] ; and

12-34  (b) Provide one certified copy of the official record to the interested

12-35  government representative. [No fees shall be charged by the]

12-36  2.  A county recorder shall not charge fees for the services [mentioned

12-37  in] required by this section.

12-38  Sec. 26.  NRS 247.330 is hereby amended to read as follows:

12-39  247.330  A county recorder shall not [be bound to] record any

12-40  [instrument, or file any paper or notice, or to] document, furnish any

12-41  copies[, or to] or render any other service connected with his office, until

12-42  [his] the fees for the [same] services, as prescribed by law , are paid or

12-43  tendered.

12-44  Sec. 27.  NRS 247.370 is hereby amended to read as follows:

12-45  247.370  Any county recorder who willfully violates any of the

12-46  provisions of NRS 247.340 [or 247.350] shall be fined not more than

12-47  $1,000.

 

13-1    Sec. 28.  NRS 247.380 is hereby amended to read as follows:

13-2    247.380  If any county recorder [shall take] willfully takes more or

13-3  greater fees than are allowed by law, he [shall be] is liable to indictment,

13-4  and on conviction [shall] must be removed from office and fined [in any

13-5  sum not exceeding] not more than $1,000.

13-6    Sec. 29.  NRS 247.390 is hereby amended to read as follows:

13-7    247.390  Any county recorder receiving fees as provided by law shall

13-8  [publish and set up in some] post in a conspicuous place in his office a fee

13-9  table for public inspection. A sum not exceeding $20 for each day of his

13-10  omission so to do [shall] must be forfeited, which sum with costs may be

13-11  recovered by any person by an action before any justice of the peace of the

13-12  same county.

13-13  Sec. 30.  NRS 247.410 is hereby amended to read as follows:

13-14  247.410  [If any county recorder to whom an instrument, proved or

13-15  acknowledged according to law, or any paper or notice which may by law

13-16  be recorded is delivered for record, or to whom any document, instrument

13-17  or paper permitted by law to be filed is delivered for filing:] A county

13-18  recorder is liable to a party aggrieved for three times the amount of the

13-19  damages that may be occasioned thereby if the county recorder:

13-20  1.  Neglects or refuses to record [or file such instrument, paper or

13-21  notice] a recordable document within a reasonable time after receiving the

13-22  [same;] document;

13-23  2.  Records [or files any instrument, paper or notice,] a document

13-24  willfully or negligently, untruly[,] or in any other manner than is directed

13-25  in this chapter;

13-26  3.  Neglects or refuses to [keep] maintain in his office such indexes as

13-27  are required by this chapter, or to make the proper entries therein; or

13-28  4.  Alters, changes or obliterates any record or any filed [instrument]

13-29  document deposited in his office, or inserts any new matter therein . [,

13-30  he is liable to the party aggrieved for three times the amount of the

13-31  damages which may be occasioned thereby.]

13-32  Sec. 31.  NRS 248.275 is hereby amended to read as follows:

13-33  248.275  1.  The sheriff of each county in this state may charge and

13-34  collect the following fees:

 

13-35  For serving a summons or complaint, or any other process,

13-36  by which an action or proceeding is commenced, except as a

13-37  writ of habeas corpus, on every defendant........................................... $15

13-38  For traveling and making such service, per mile in going

13-39  only, to be computed in all cases the distance actually

13-40  traveled, for each mile.......................... 1

13-41  If any two or more papers are required to be served in the

13-42  same suit at the same time, where parties live in the same

13-43  direction, one mileage only may be charged.

13-44  For taking a bond or undertaking in any case in which he is

13-45  authorized to take a bond or undertaking4

13-46  For a copy of any writ, process or other paper, [when] if

13-47  demanded or required by law, for each page...................................................... 2

13-48  For serving every rule or order............ 15

14-1  For serving one notice required by law before the

14-2  commencement of a proceeding for any type of eviction.................................... 15

14-3  For serving not fewer than 2 nor more than 10 such notices

14-4  to the same location, each notice......... 12

14-5  For serving not fewer than 11 nor more than 24 such notices

14-6  to the same location, each notice......... 10

14-7  For serving 25 or more such notices to the same location,

14-8  each notice........................................... 9

14-9  For mileage in serving such a notice, for each mile

14-10  necessarily and actually traveled in going only....................................................... 1

14-11  But if two or more notices are served at the same general

14-12  location during the same period, mileage may only be

14-13  charged for the service of one notice.

14-14  For serving a subpoena, for each witness summoned........................................... 15

14-15  For traveling, per mile in serving subpoenas, or a venire, in

14-16  going only, for each mile...................... 1

14-17  When two or more witnesses or jurors live in the same

14-18  direction, traveling fees must be charged only for the most

14-19  distant.

14-20  For serving an attachment on property, or levying an

14-21  execution, or executing an order of arrest or order for the

14-22  delivery of personal property, together with traveling fees, as

14-23  in cases of summons.......................... 15

14-24  For making and posting notices and advertising for sale, on

14-25  execution or any judgment or order of sale, not to include the

14-26  cost of publication in a newspaper...... 15

14-27  For issuing each certificate of sale of property on execution

14-28  or order of sale, and for [filing a duplicate thereof] recording

14-29  the original certificate with the county recorder, which must

14-30  be collected from the party receiving the certificate............................................... 3

14-31  For drawing and executing every sheriff’s deed, to be paid by

14-32  the grantee, who shall in addition pay for the

14-33  acknowledgment thereof..................... 12

14-34  For serving a writ of possession or restitution, putting any

14-35  person into possession entitled thereto15

14-36  For traveling in the service of any process, not otherwise

14-37  provided in this section, for each mile necessarily traveled,

14-38  for going only, for each mile................. 1

14-39  For mailing a notice of a writ of execution............................................... 1

 

14-40  The sheriff may charge and collect $1 per mile traveled, for going only, on

14-41  all papers not served, where reasonable effort has been made to effect

14-42  service, but not to exceed $20.

14-43  2.  The sheriff may also charge and collect:

14-44  (a) For commissions for receiving and paying over money on execution

14-45  or process, where lands or personal property have been levied on,

14-46  advertised or sold, on the first $500, 4 percent; on any sum in excess of

15-1  $500, and not exceeding $1,000, 2 percent; on all sums above that amount,

15-2  1 percent.

15-3    (b) For commissions for receiving and paying over money on

15-4  executions without levy, or where the lands or goods levied on are not sold,

15-5  on the first $3,500, 2 percent, and on all amounts over that sum, one-half of

15-6  1 percent.

15-7    (c) For service of any process in a criminal case, or of a writ of habeas

15-8  corpus, the same mileage as in civil cases, to be allowed, audited and paid

15-9  as are other claims against the county.

15-10  (d) For all services in justices’ courts, the same fees as are allowed in

15-11  subsection 1 and paragraphs (a), (b) and (c) of this subsection.

15-12  3.  The sheriff is also entitled to further compensation for his trouble

15-13  and expense in taking possession of property under attachment, execution

15-14  or other process and of preserving the property, as the court from which the

15-15  writ or order may issue certifies to be just and reasonable.

15-16  4.  In service of a subpoena or a venire in criminal cases, the sheriff is

15-17  entitled to receive mileage for the most distant only, where witnesses and

15-18  jurors live in the same direction.

15-19  5.  The fees allowed for the levy of an execution, for advertising and

15-20  for making and collecting money on an execution or order of sale, must be

15-21  collected from the defendants, by virtue of the execution or order of sale, in

15-22  the same manner as the execution is directed to be made.

15-23  6.  Except as otherwise provided by an ordinance adopted pursuant to

15-24  the provisions of NRS 244.207, all fees collected by a sheriff must be paid

15-25  into the county treasury of his county on or before the fifth working day of

15-26  the month next succeeding the month in which the fees are collected.

15-27  Sec. 32.  NRS 249.060 is hereby amended to read as follows:

15-28  249.060  1.  County treasurers may appoint one or more deputies, and

15-29  may take from them bond with sureties. A deputy must be at least 18 years

15-30  of age. Every county treasurer and his sureties are liable for every official

15-31  act of his deputies.

15-32  2.  Any county treasurer may authorize his deputy or deputies to

15-33  transact any official business pertaining to the office of county treasurer in

15-34  the same manner as the county treasurer.

15-35  3.  All appointments of deputies under the provisions of this section

15-36  must be in writing, and must, together with the oath of office of the

15-37  deputies, be [filed and recorded in a book provided for that purpose]

15-38  recorded in the office of the recorder of the county within which the

15-39  county treasurer legally holds and exercises his office. Revocations of such

15-40  appointments must also be [filed and] recorded as [herein provided .]

15-41  provided in this section. From the time of the [filing] recording of the

15-42  appointments or revocations therein, persons shall be deemed to have

15-43  notice of the [same.] appointments or revocations.

15-44  Sec. 33.  NRS 250.060 is hereby amended to read as follows:

15-45  250.060  1.  All county assessors are authorized to appoint deputies,

15-46  who are authorized to transact all official business [appertaining] relating

15-47  to the offices[,] to the same extent as the county assessors. A deputy must

15-48  be at least 18 years of age.

16-1    2.  County assessors are responsible on their official bonds for all

16-2  official malfeasance or nonfeasance of their deputies. Bonds for the faithful

16-3  performance of their official duties may be required of deputies by county

16-4  assessors.

16-5    3.  All appointments of deputies under the provisions of this section

16-6  must be in writing, and must, together with the oath of office of the

16-7  deputies, be [filed and recorded in a book provided for that purpose]

16-8  recorded in the office of the recorder of the county within which the

16-9  county assessor legally holds and exercises his office. Revocations of such

16-10  appointments must also be [filed and] recorded as [herein provided.]

16-11  provided in this section. From the time of the [filing] recording of the

16-12  appointments or revocations therein, persons shall be deemed to have

16-13  notice of the [same.] appointments or revocations.

16-14  Sec. 34.  NRS 252.070 is hereby amended to read as follows:

16-15  252.070  1.  All district attorneys are authorized to appoint deputies,

16-16  who may transact all official business [appertaining] relating to the offices

16-17  [,] to the same extent as their principals.

16-18  2.  District attorneys are responsible on their official bonds for all

16-19  official malfeasance or nonfeasance of the deputies. Bonds for the faithful

16-20  performance of their official duties may be required of deputies by district

16-21  attorneys.

16-22  3.  All appointments of deputies under the provisions of this section

16-23  must be in writing, and must, together with the oath of office of the

16-24  deputies, be [filed and recorded in a book provided for that purpose]

16-25  recorded in the office of the recorder of the county within which the

16-26  district attorney legally holds and exercises his office. Revocations of those

16-27  appointments must also be [filed and] recorded as provided in this section.

16-28  From the time of the [filing] recording of the appointments or revocations

16-29  therein, persons shall be deemed to have notice of the appointments or

16-30  revocations.

16-31  4.  Deputy district attorneys of counties whose population is less than

16-32  100,000 may engage in the private practice of law. In any other county,

16-33  except as otherwise provided in NRS 7.065 and this subsection, deputy

16-34  district attorneys shall not engage in the private practice of law. An

16-35  attorney appointed to prosecute a person for a limited duration with limited

16-36  jurisdiction may engage in private practice which does not present a

16-37  conflict with his appointment.

16-38  5.  Any district attorney may, subject to the approval of the board of

16-39  county commissioners, appoint such clerical, investigational and

16-40  operational staff as the execution of duties and the operation of his office

16-41  may require. The compensation of any person so appointed must be fixed

16-42  by the board of county commissioners.

16-43  6.  In a county whose population is 400,000 or more, deputies are

16-44  governed by the merit personnel system of the county.

16-45  Sec. 35.  NRS 253.025 is hereby amended to read as follows:

16-46  253.025  1.  A public administrator may appoint as many deputies as

16-47  he deems necessary to perform fully the duties of his office. A deputy so

16-48  appointed may perform all duties required of the public administrator and

16-49  has the corresponding powers and responsibilities. Before entering upon

17-1  the discharge of his duties , each deputy must take and subscribe to the

17-2  constitutional oath of office.

17-3    2.  Each appointment must be in writing and [filed,] recorded with the

17-4  oath of office of that deputy[, in a book provided for that purpose] in the

17-5  office of the county recorder. Any revocation or resignation of an

17-6  appointment must be [filed in the same book.] recorded in the office of the

17-7  county recorder.

17-8    3.  The public administrator is responsible on his official bond for any

17-9  official malfeasance or nonfeasance of his deputies[. He] and may require

17-10  a bond for the faithful performance of the official duties of his deputies.

17-11  Sec. 36.  NRS 255.110 is hereby amended to read as follows:

17-12  255.110  1.  The county surveyor shall:

17-13  (a) Keep a correct and fair record of all surveys made by him in his

17-14  official capacity, or by his deputies acting in his stead, in the form of

17-15  original field notes in field books to be provided by the county for that

17-16  purpose.

17-17  (b) Number such surveys progressively.

17-18  (c) Make and preserve a fair and accurate record map of each survey,

17-19  drawn in waterproof ink on tracing cloth or produced by the use of other

17-20  materials of a permanent nature generally used for [such] that purpose in

17-21  the engineering profession, endorsing thereon its proper number and his

17-22  official certificate of survey.

17-23  (d) Obtain maps of mining claims, mill sites and tunnel rights [filed]

17-24  recorded with the county recorder and prepare a county mining claim map

17-25  which [shall] must accurately reflect the location of all such claims. A

17-26  county surveyor shall not refuse to accept a map submitted by the locator

17-27  of the mine, nor shall he prepare a map in lieu of one submitted by the

17-28  locator, unless he can affirmatively show that the map submitted does not

17-29  accurately reflect the location of all of the claims.

17-30  2.  All records of surveys required by this chapter [shall] must be

17-31  transmitted by him to his successor in office.

17-32  3.  Field notes and records maps [shall] must be available for [purposes

17-33  of copying the same] copying to any person requiring [the same.] a copy of

17-34  the field notes or records maps.

17-35  Sec. 37.  NRS 14.010 is hereby amended to read as follows:

17-36  14.010  1.  In an action for the foreclosure of a mortgage upon real

17-37  property, or affecting the title or possession of real property, the plaintiff,

17-38  at the time of filing the complaint, and the defendant, at the time of filing

17-39  his answer, if affirmative relief is claimed in the answer, shall [file] record

17-40  with the recorder of the county in which the property, or some part thereof,

17-41  is situated, a notice of the pendency of the action, containing the names of

17-42  the parties, the object of the action and a description of the property in that

17-43  county affected thereby, and the defendant shall also in the notice state the

17-44  nature and extent of the relief claimed in the answer.

17-45  2.  A notice of an action affecting real property, which is pending in

17-46  any United States District Court for the District of Nevada may be recorded

17-47  and indexed in the same manner and in the same place as provided with

17-48  respect to actions pending in courts of this state.

18-1    3.  From the time of [filing] recording only, except as otherwise

18-2  provided in NRS 14.017, the pendency of the action is constructive notice

18-3  to a purchaser or encumbrancer of the property affected thereby. In case of

18-4  the foreclosure of the mortgage, all purchasers or encumbrancers, by

18-5  unrecorded deed or other instrument in writing made before the [filing]

18-6  recording of the notice, and after the date of the mortgage, shall be deemed

18-7  purchasers or encumbrancers after the [filing] recording of the notice, and

18-8  subject thereto, unless NRS 14.017 is applicable or they can show that , at

18-9  the time of [filing] recording the notice , the plaintiff had actual notice of

18-10  the purchase or encumbrance.

18-11  Sec. 38.  NRS 21.220 is hereby amended to read as follows:

18-12  21.220  1.  If property be so redeemed by a redemptioner, another

18-13  redemptioner may, within 60 days after the last redemption, again redeem

18-14  it from the last redemptioner on paying the sum paid on such last

18-15  redemption with 2 percent thereon in addition, and the amount of any

18-16  assessments or taxes which the last redemptioner may have paid thereon

18-17  after the redemption by him, with interest on that amount, and in addition

18-18  the amount of any liens held by the last redemptioner prior to his own, with

18-19  interest , [;] but the judgment under which the property was sold need not

18-20  be so paid as a lien.

18-21  2.  The property may be again, and as often as a redemptioner is so

18-22  disposed, redeemed from any previous redemptioner within 60 days after

18-23  the last redemption, on paying the sum paid on the last previous

18-24  redemption, with 2 percent thereon in addition, and the amounts of any

18-25  assessments or taxes which the last previous redemptioner paid after the

18-26  redemption by him, with interest thereon, and the amount of any liens,

18-27  other than the judgment under which the property was sold, held by the last

18-28  redemptioner previous to his own, with interest.

18-29  3.  Written notice of redemption must be given to the sheriff and a

18-30  duplicate [filed] recorded with the recorder of the county , [;] and if any

18-31  taxes or assessments are paid by the redemptioner, or if he has or acquires

18-32  any lien other than that upon which the redemption was made, notice

18-33  thereof must in like manner be given to the sheriff and [filed] recorded

18-34  with the recorder[;] and , if the notice is not [filed,] recorded, the property

18-35  may be redeemed without paying the tax, assessment or lien.

18-36  4.  If no redemption is made within 1 year after the sale, the purchaser,

18-37  or his assignee, is entitled to a conveyance[;] or, if so redeemed, whenever

18-38  60 days have elapsed and no other redemption has been made and notice

18-39  thereof given, and the time for redemption has expired, the last

18-40  redemptioner, or his assignee, is entitled to a sheriff’s deed , [;] but in all

18-41  cases the judgment debtor has the entire period of 1 year [from] after the

18-42  date of the sale to redeem the property.

18-43  5.  If the judgment debtor redeems, he must make the same payments

18-44  as are required to effect a redemption by a redemptioner. If the debtor

18-45  redeems, the effect of the sale is terminated, and he is restored to his estate.

18-46  6.  Upon a redemption by the debtor, the person to whom the payment

18-47  is made must execute and deliver to him a certificate of redemption,

18-48  acknowledged or approved before a person authorized to take

18-49  acknowledgments of conveyances of real property. The certificate must be

19-1  [filed and] recorded in the office of the recorder of the county in which the

19-2  property is situated.

19-3    Sec. 39.  NRS 21.260 is hereby amended to read as follows:

19-4    21.260  1.  If the purchaser of real property sold on execution, or his

19-5  successor in interest, or a redemptioner [be] is evicted therefrom [in

19-6  consequence] because of irregularities in the proceedings concerning the

19-7  sale or of the reversal or discharge of the judgment, he may recover the

19-8  price paid, with interest, from the judgment creditor.

19-9    2.  If the purchaser of property at a sheriff’s sale, or his successor in

19-10  interest, [fail] fails to recover possession in consequence of irregularity in

19-11  the proceedings concerning the sale, or because the property sold was not

19-12  subject to execution and sale, the court having jurisdiction thereof shall, on

19-13  petition of such party in interest, or his attorney, revive the original

19-14  judgment for the amount paid by [such] the purchaser at the sale, with

19-15  interest thereon from the time of payment at the same rate that the original

19-16  judgment bore, and when so revived, the judgment [shall have] has the

19-17  same effect as an original judgment of the court of that date, and bearing

19-18  interest as aforesaid, and any other or after-acquired property, rents, issues

19-19  or profits of the debtor [shall be] is liable to levy and sale, under execution

19-20  in satisfaction of [such debt ; provided:

19-21  (a) That no] the debt if:

19-22  (a) No property of [such] the debtor bona fide sold upon the [filing of

19-23  such petition shall be] recording of the petition is subject to the lien of

19-24  [such] the judgment; and

19-25  (b) [That] The notice of the [filing of such petition shall be made by

19-26  filing] recording of the petition is made by recording a notice thereof in

19-27  the office of the recorder of the county where [such] the property is

19-28  situated, and that the judgment [shall] must be revived in the name of the

19-29  original plaintiff or plaintiffs, for the use of the petitioner, the party in

19-30  interest.

19-31  Sec. 40.  NRS 31.060 is hereby amended to read as follows:

19-32  31.060  Subject to the requirements of NRS 31.045, the sheriff to

19-33  whom the writ is directed and delivered shall execute it without delay, and

19-34  if the undertaking mentioned in NRS 31.040 is not given, as follows:

19-35  1.  Real property must be attached by leaving a copy of the writ with

19-36  the occupant of the property or, if there is no occupant, by posting a copy

19-37  in a conspicuous place on the property and [filing a copy,] recording the

19-38  writ together with a description of the property attached, with the recorder

19-39  of the county.

19-40  2.  Personal property must be attached:

19-41  (a) By taking it into immediate custody, and, if directed by the plaintiff,

19-42  using the services of any company which operates a tow car, as defined in

19-43  NRS 706.131, or common motor carrier, as defined in NRS 706.036, to

19-44  transport it for storage in a warehouse or storage yard that is insured or

19-45  bonded in an amount not less than the full value of the property; or

19-46  (b) By placing a keeper in charge of a going business where the

19-47  property is located, with the plaintiff prepaying the expense of the keeper

19-48  to the sheriff, during which period, the defendant, by order of the court or

19-49  the consent of the plaintiff, may continue to operate in the ordinary course

20-1  of business at his own expense if all sales are for cash and the full proceeds

20-2  are paid to the keeper for the purpose of the attachment.

20-3  If the property is stored pursuant to paragraph (a), the property must be

20-4  segregated from other property and marked by signs or other appropriate

20-5  means indicating that it is in the custody of the sheriff.

20-6    3.  Any mobile home, as defined in NRS 40.215, must be attached by:

20-7    (a) Posting a copy of the writ in a conspicuous place on the mobile

20-8  home;

20-9    (b) Taking it into immediate custody, subject to the provisions of

20-10  subsection 2; or

20-11  (c) Placing a keeper in charge of the mobile home for 2 days, with the

20-12  plaintiff prepaying the expense of the keeper to the sheriff:

20-13     (1) During which period, the defendant may continue to occupy the

20-14  mobile home; and

20-15     (2) After which period, the sheriff shall take the mobile home into his

20-16  immediate custody, subject to the provisions of subsection 2, unless other

20-17  disposition is made by the court or the parties to the action.

20-18  4.  Debts and credits, due or to become due, and other personal

20-19  property in the possession or under the control of persons other than the

20-20  defendant must be attached by service of a writ of garnishment as provided

20-21  in NRS 31.240 to 31.460, inclusive.

20-22  Sec. 41.  NRS 37.060 is hereby amended to read as follows:

20-23  37.060  1.  All proceedings under this chapter [shall] must be brought

20-24  in the district court for the county in which the property or [some] a part

20-25  thereof is situated. The complaint in such cases must be verified, and the

20-26  party instituting any such proceedings shall [file] record with the recorder

20-27  of each county in which any of the property is situated a notice of the

20-28  pendency of the action.

20-29  2.  From the time of such [filing] recording every purchaser or

20-30  encumbrancer whose conveyance or encumbrance is not then recorded or

20-31  docketed shall be deemed a subsequent purchaser or encumbrancer and

20-32  [shall be ] is bound by the proceedings to the same extent and in the same

20-33  manner as if he were a party therein. He may intervene in the manner

20-34  provided by NRS 37.080.

20-35  Sec. 42.  NRS 39.040 is hereby amended to read as follows:

20-36  39.040  Immediately after [filing] recording the complaint, the plaintiff

20-37  shall [file] record with the recorder of the county in which the property is

20-38  situated, a notice of the pendency of the action, containing the names of the

20-39  parties so far as known, the object of the action[,] and a description of the

20-40  property to be affected thereby. From the time of the [filing] recording of

20-41  the notice, except as otherwise provided in NRS 14.017, it shall be deemed

20-42  notice to all persons.

20-43  Sec. 43.  NRS 40.525 is hereby amended to read as follows:

20-44  40.525  1.  [Whenever] If title or an interest in real or personal

20-45  property is affected by the death of any person, any other person who

20-46  claims any interest in the real or personal property, if his interest is affected

20-47  by the death of that person, or the State of Nevada, may file in the district

20-48  court of any county in which any part of the real or personal property is

20-49  situated a verified petition setting forth those facts and particularly

21-1  describing the real or personal property, the interest of the petitioner and

21-2  the interest of the deceased therein.

21-3    2.  The clerk shall set the petition for hearing by the court. Notice of

21-4  hearing of the petition must be mailed, by certified mail, return receipt

21-5  requested, postage prepaid, to the heirs at law of the deceased person at

21-6  their places of business or residences, if known, and if not, by publication

21-7  for at least 3 successive weeks in such newspaper as the court orders. The

21-8  clerk shall send a copy of the notice of hearing or of the affidavit to the

21-9  welfare division of the department of human resources by certified mail,

21-10  return receipt requested, postage prepaid, if the state is not the petitioner, at

21-11  the time notice is mailed to the heirs at law or the notice is published.

21-12  Failure on the part of any such heir at law to contest the petition precludes

21-13  any such heir at law from thereafter contesting the validity of the joint

21-14  interest or its creation or termination.

21-15  3.  The court shall take evidence for or against the petition, and may

21-16  render judgment thereon establishing the fact of the death and the

21-17  termination of the interest of the deceased in the real or personal property

21-18  described in the petition.

21-19  4.  A certified copy of the decree may be recorded in the office of the

21-20  recorder of each county in which any part of the real or personal property is

21-21  situated.

21-22  5.  As an alternative method of terminating the interest of the deceased

21-23  person, [whenever] if title or an interest in real or personal property held in

21-24  joint tenancy or as community property with right of survivorship is

21-25  affected by the death of a joint tenant or spouse, any person who has

21-26  knowledge of the facts may [file] record in the office of the county

21-27  recorder in the county where the property is situated an affidavit meeting

21-28  the requirements of NRS 111.365, accompanied by a certified copy of the

21-29  death certificate of the deceased person.

21-30  Sec. 44.  NRS 41.250 is hereby amended to read as follows:

21-31  41.250  Any decree rendered under the provisions of NRS 41.210 to

21-32  41.260, inclusive, [shall be filed] must be recorded with the state health

21-33  officer and in the office of the county recorder of the county in which the

21-34  decree was rendered.

21-35  Sec. 45.  NRS 68.040 is hereby amended to read as follows:

21-36  68.040  A judgment rendered in a justice’s court creates no lien upon

21-37  any lands of the defendant, unless an abstract is [filed] recorded in the

21-38  office of the county recorder of the county in which the lands are situated.

21-39  When so [filed,] recorded and from the time of [filing,] the recording, the

21-40  judgment becomes a lien upon all the real property of the judgment debtor,

21-41  not exempt from execution, in the county, owned by him at the time, or

21-42  which he acquires before the lien expires. The lien continues for 6 years,

21-43  unless the judgment is previously satisfied.

21-44  Sec. 46.  NRS 78.085 is hereby amended to read as follows:

21-45  78.085  1.  Every railroad company in this state shall, within 90 days

21-46  after its road is finally located:

21-47  (a) Cause to be made a map and profile thereof, and of the land taken

21-48  and obtained for the use thereof, and the boundaries of the several counties

21-49  through which the road may run;

22-1    (b) File the [same] map and profile thereof in the office of the secretary

22-2  of state and a duplicate thereof with the public utilities commission of

22-3  Nevada; and

22-4    (c) Cause to be made like maps of the parts thereof located in different

22-5  counties, and [file the same] record such maps in the office of the recorder

22-6  of the county in which [such] those parts of the road are located.

22-7    2.  The maps and profiles must be certified by the chief engineer, the

22-8  acting president[,] and secretary of [such] the company , and copies of the

22-9  [same,] maps and profiles so certified and [filed] recorded as required by

22-10  subsection 1[,] must be kept in the office of the company, subject to

22-11  examination by all interested persons.

22-12  Sec. 47.  NRS 84.080 is hereby amended to read as follows:

22-13  84.080  1.  In the event of the death or resignation of any such

22-14  archbishop, bishop, president, trustee in trust, president of stake, president

22-15  of congregation, overseer, presiding elder, district superintendent, or other

22-16  presiding officer[,] or clergyman, or of his removal from such office by

22-17  the person or body having the authority to remove him when [such] the

22-18  person is at the time a corporation sole, his successor in office, as such

22-19  corporation sole, [shall be] is vested with the title to [any and] all property

22-20  held by his predecessor, as such corporation sole, with like power and

22-21  authority over the [same,] property and is subject to all the legal liabilities

22-22  and obligations with reference thereto.

22-23  2.  [Such] The successor shall [file] record in the office of the county

22-24  recorder of each county wherein any of the real property is situated a

22-25  certified copy of his commission, certificate or letter of election or

22-26  appointment.

22-27  Sec. 48.  NRS 107.090 is hereby amended to read as follows:

22-28  107.090  1.  As used in this section, “person with an interest” means

22-29  any person who has or claims any right, title or interest in, or lien or charge

22-30  upon, the real property described in the deed of trust, as evidenced by any

22-31  document or instrument [filed or] recorded in the office of the county

22-32  recorder of the county in which any part of the real property is situated.

22-33  2.  A person with an interest or any other person who is or may be held

22-34  liable for any debt secured by a lien on the property desiring a copy of a

22-35  notice of default or notice of sale under a deed of trust with power of sale

22-36  upon real property may at any time after recordation of the deed of trust

22-37  [file] record in the office of the county recorder of the county in which any

22-38  part of the real property is situated an acknowledged request for a copy of

22-39  the notice of default or of sale. The request must state the name and

22-40  address of the person requesting copies of the notices and identify the deed

22-41  of trust by stating the names of the parties thereto, the date of recordation ,

22-42  and the book and page where it is recorded.

22-43  3.  The trustee or person authorized to record the notice of default shall,

22-44  within 10 days after the notice of default is recorded and mailed pursuant

22-45  to NRS 107.080, cause to be deposited in the United States mail an

22-46  envelope, registered or certified, return receipt requested and with postage

22-47  prepaid, containing a copy of the notice, addressed to:

22-48  (a) Each person who has [filed] recorded a request for a copy of the

22-49  notice; and

23-1    (b) Each other person with an interest whose interest or claimed interest

23-2  is subordinate to the deed of trust.

23-3    4.  The trustee or person authorized to make the sale shall, at least 20

23-4  days before the date of sale, cause to be deposited in the United States mail

23-5  an envelope, registered or certified, return receipt requested and with

23-6  postage prepaid, containing a copy of the notice of time and place of sale,

23-7  addressed to each person described in subsection 3.

23-8    5.  No request [filed] recorded pursuant to the provisions of subsection

23-9  2 affects the title to real property.

23-10  Sec. 49.  NRS 108.234 is hereby amended to read as follows:

23-11  108.234  Every building or other improvement mentioned in NRS

23-12  108.222, constructed upon any lands with the knowledge of the owner or

23-13  the person having or claiming any interest therein, shall be held to have

23-14  been constructed at the instance of [such] the owner or person having or

23-15  claiming any interest therein, and the interest owned or claimed [shall be]

23-16  is subject to any lien recorded in accordance with the provisions of NRS

23-17  108.221 to 108.246, inclusive, unless [such] the owner or person having or

23-18  claiming an interest therein shall, within 3 days after he has obtained

23-19  knowledge of the construction, alteration or repair, or the intended

23-20  construction, alteration or repair, give notice that he will not be responsible

23-21  for [such] the improvement by [filing] recording a notice in writing to that

23-22  effect with the county recorder of the county where the land or building is

23-23  situated[;] and, in the instance of:

23-24  1.  A lessor, the notice of lien nonresponsibility shall be deemed timely

23-25  [filed] recorded if the [same has been filed] notice is recorded within 3

23-26  days immediately following the execution of the lease by all parties as to

23-27  that construction, alteration or repair, or intended construction, alteration or

23-28  repair, known to the lessor at the time of the execution of the lease by all

23-29  parties.

23-30  2.  An optionor, the notice of lien nonresponsibility shall be deemed

23-31  timely [filed] recorded if the [same has been filed] notice is recorded

23-32  within 3 days immediately following the execution of the agreement

23-33  permitting entry upon the real property by all parties as to that

23-34  construction, alteration, repair, or intended construction, alteration, repair

23-35  or other work known to the optionor at the time of the execution of the

23-36  agreement by all parties.

23-37  Sec. 50.  NRS 108.550 is hereby amended to read as follows:

23-38  108.550  1.  The lien provided for in NRS 108.540 may be foreclosed

23-39  in the following manner:

23-40  (a) A notice must be posted for a period of 10 days in three public and

23-41  conspicuous places in the county where the animals are being fed, pastured

23-42  or boarded, which notice must also be published in one issue of a

23-43  newspaper of general circulation in the county.

23-44  (b) The notice must:

23-45     (1) Specify the nature and amount of the lien.

23-46     (2) Specify that it is the intention of the lienholder to foreclose the

23-47  [same] animal or animals by sale.

23-48     (3) Specify a description of the animal or animals.

24-1      (4) Specify the name and last known address of the owner or

24-2  purported owner of the animal or animals.

24-3      (5) State that unless the amount of the lien is paid on or before a

24-4  specified date, the animal or animals, or so many thereof as may be

24-5  necessary, will be sold at public auction at the place and on the day and

24-6  hour specified in the notice.

24-7      (6) Be signed and dated by the lienholder.

24-8    (c) The lienholder shall specify a day for the purposes of the demand in

24-9  subparagraph (5) of paragraph (b). The day specified must not be less than

24-10  10 nor more than 15 days after the date of the publication of the notice.

24-11  (d) A true copy of the demand and notice must be mailed by registered

24-12  or certified letter and at the time of publication to the last known address of

24-13  the holder of every lien appearing of record in the county.

24-14  2.  The sale provided for in this section may be conducted by the

24-15  person furnishing the feed, pasture or board, or by any other person who

24-16  may be designated by the lienholder. Only such number of animals will be

24-17  sold as may be necessary to discharge the lien and pay the cost of the

24-18  publication of notice, plus the sum of $5 to be allowed to the person

24-19  making the sale. No sale may be made except when the animals to be sold

24-20  are corralled and have been viewed by the bidders. Any expense incidental

24-21  to rounding up or bringing the animal or animals to the place of sale is also

24-22  a proper and an additional charge against the owner. The lienholder may be

24-23  a bidder at the sale. From the proceeds of the sale , the lienholder shall

24-24  satisfy his lien, including the additional charges mentioned in this

24-25  subsection, delivering over the balance, if any, to the owner. If the owner is

24-26  out of the state or cannot be found, the balance must be deposited with the

24-27  county treasurer of the county in which the sale was conducted.

24-28  3.  If the balance is not called for by the owner within 6 months [from]

24-29  after the date of sale, the balance must be paid into the county school

24-30  district fund.

24-31  4.  The highest bidder at the sale shall immediately pay the amount bid

24-32  in cash and receive title to the animals sold, subject only to any prior lien

24-33  appearing of record in the county , [;] but before title vests in the successful

24-34  bidder there must be [filed] recorded with the recorder of the county in

24-35  which the sale was held a certificate executed by the person conducting the

24-36  sale, to which must be attached the publisher’s proof of publication of the

24-37  notice of sale to foreclose the lien. The certificate must specify:

24-38  (a) The name and address of the buyer.

24-39  (b) That the buyer was the highest bidder.

24-40  (c) The amount bid and paid.

24-41  (d) The kind, color, size, weight, brand, if any, and earmarks, if any, of

24-42  the animal or animals sold.

24-43  5.  No person requesting or consenting to the furnishing of feed,

24-44  pasture or board is entitled to assert a lien prior to that provided for in this

24-45  section.

24-46  6.  This section is intended to supplement existing law and the remedy

24-47  provided in this section is not exclusive. This section does not deprive the

24-48  lienholder from resorting to any other legal remedy.

 

25-1    Sec. 51.  NRS 108.560 is hereby amended to read as follows:

25-2    108.560  1.  [Whenever] If the bill or claim for pasturage or feed for

25-3  livestock [shall] in the judgment of the person [or persons] furnishing the

25-4  pasturage or feed [equal] equals the value of the livestock pastured or fed,

25-5  and the owner [or owners] of the livestock [shall have] has failed or

25-6  neglected to pay for the pasturage or feed, the person [or persons]

25-7  furnishing the pasturage or feed may have the livestock appraised by three

25-8  competent and disinterested freeholders. If the appraisement does not

25-9  exceed by 10 percent the amount of the unpaid pasturage or feed bill, upon

25-10  the [filing] recording of the appraisement with the county recorder of the

25-11  county in which the livestock is situated, the title to the livestock [shall

25-12  vest] vests in the person [or persons furnishing such] furnishing the

25-13  pasturage or feed and he [or they shall have the right to] may sell the

25-14  livestock, subject to the right of redemption mentioned in subsection 2.

25-15  2.  At any time within 1 year after the [filing] recording of the

25-16  appraisement, the original owner [or owners] of the livestock [shall have

25-17  the right to] may redeem the livestock from the possessor thereof by paying

25-18  or tendering as payment to the possessor the amount of the appraisement

25-19  together with 25 percent of the appraisement additional as damages.

25-20  [Should] If payment or tender [not be] is not made by the original owner

25-21  within 1 year after the [filing] recording of the appraisement , the title of

25-22  the possessor of the livestock [shall become] is absolute.

25-23  Sec. 52.  NRS 108.610 is hereby amended to read as follows:

25-24  108.610  In order to perfect the lien, the hospital or the owner or

25-25  operator thereof shall:

25-26  1.  [Prior to] Before the payment of any [moneys] money to the injured

25-27  person or to his legal representative as compensation for injuries received,

25-28  [file] record a notice of lien, substantially in the form prescribed in NRS

25-29  108.620, containing an itemized statement of the amount claimed. The

25-30  notice of lien [shall] must be filed with:

25-31  (a) The county recorder of the county wherein the hospital is located;

25-32  and

25-33  (b) The county recorder of the county wherein the injury was suffered,

25-34  if the injury was suffered in a county other than that wherein the hospital is

25-35  located.

25-36  2.  [Prior to] Before the date of judgment, settlement or compromise,

25-37  serve a certified copy of the notice of lien by registered or certified mail

25-38  upon the person[, firm or corporation] alleged to be responsible for

25-39  causing the injury and [alleged to be] liable for damages on account thereof

25-40  and from which damages are claimed.

25-41  3.  [Prior to] Before the date of judgment, settlement or compromise,

25-42  serve a certified copy of the notice of lien by registered or certified mail

25-43  upon the insurance carrier, if known, which has insured against liability of

25-44  the person[, firm or corporation] alleged to be responsible for causing the

25-45  injury and [alleged to be] liable for damages on account thereof and from

25-46  which damages are claimed.

25-47  Sec. 53.  NRS 111.312 is hereby amended to read as follows:

25-48  111.312  1.  The county recorder shall not record with respect to real

25-49  property, a notice of completion, a declaration of homestead, a lien or

26-1  notice of lien, an affidavit of death, a mortgage or deed of trust, or any

26-2  conveyance of real property or instrument in writing setting forth an

26-3  agreement to convey real property unless the document being recorded

26-4  contains:

26-5    (a) The mailing address of the grantee or, if there is no grantee, the

26-6  mailing address of the person who is requesting the recording of the

26-7  document; and

26-8    (b) The assessor’s parcel number of the property at the top left corner

26-9  of the first page of the document, if the county assessor has assigned a

26-10  parcel number to the property. The county recorder is not required to verify

26-11  that the assessor’s parcel number is correct.

26-12  2.  The assessor’s parcel number shall not be deemed to be a complete

26-13  legal description of the real property conveyed.

26-14  Sec. 54.  NRS 122.160 is hereby amended to read as follows:

26-15  122.160  1.  Marriages between Indians performed in accordance with

26-16  tribal customs within closed Indian reservations and Indian colonies have

26-17  the same validity as marriages performed in any other manner provided for

26-18  by the laws of this state, if there is [filed] recorded in the county in which

26-19  the marriage takes place, within 30 days after the performance of the tribal

26-20  marriage, a certificate declaring the marriage to have been performed.

26-21  2.  The certificate of declaration required to be [filed] recorded by

26-22  subsection 1 must include the names of the persons married, their ages,

26-23  social security numbers, tribe, and place and date of marriage. The

26-24  certificate must be signed by an official of the tribe, reservation or colony.

26-25  3.  The certificate must be [filed] recorded with the recorder of the

26-26  county in which the marriage was performed and recorded by him without

26-27  charge.

26-28  Sec. 55.  NRS 123.150 is hereby amended to read as follows:

26-29  123.150  1.  [When] If a married person is a resident of this state, the

26-30  [filing for record] recording of the inventory of [such] the person’s

26-31  separate property in the office of the recorder of the county in which [such]

26-32  the person resides is notice of [such] the person’s title to the [same,]

26-33  separate property, except as to any real property situate in another county ,

26-34  [;] and as to [such] that real property, the filing for record of the inventory

26-35  thereof in the office of the recorder of the county where the same is situate,

26-36  is notice of [such] the person’s title thereto.

26-37  2.  [When] If a married person is not a resident of this state, the [filing

26-38  for record] recording of the inventory of [such] the person’s separate

26-39  property in the office of the recorder of the county where any portion of

26-40  [such] the property, real or personal, included in the inventory is situate,

26-41  located or used, is notice of [such] the person’s title as to all [such] that

26-42  property situate, located or used in [such] that county.

26-43  Sec. 56.  NRS 125.220 is hereby amended to read as follows:

26-44  125.220  1.  At any time after the filing of the complaint , the

26-45  complaining spouse may [file] record a notice of pendency of the action in

26-46  the office of the county recorder of any county in which the other spouse

26-47  may have real property. [This] The notice has the same effect as notice in

26-48  actions directly affecting real property.

27-1    2.  The court may [also] enjoin either spouse from disposing of any

27-2  property during the pendency of the action.

27-3    Sec. 57.  NRS 234.250 is hereby amended to read as follows:

27-4    234.250  1.  In addition to any other requirement of law, each local

27-5  government, as defined in NRS 354.474, shall [file a copy of its] record

27-6  the original official plat with:

27-7    (a) The county recorder, the county clerk or the registrar of voters, and

27-8  the county assessor of each county in which its territory or any part thereof

27-9  is situated.

27-10  (b) The department of taxation.

27-11  2.  All changes in boundaries made [subsequent to] after the original

27-12  [filing and] recording of such plat [shall] must be recorded [and filed]

27-13  immediately with the offices with which copies of the original plat were

27-14  filed.

27-15  3.  Until a local government complies with the requirements of

27-16  subsections 1 and 2 , it shall not levy or receive any ad valorem or other tax

27-17  or any other mandatory assessment.

27-18  4.  This section applies to all local governments receiving and

27-19  expending funds on behalf of the public, regardless of their designation.

27-20  Sec. 58.  NRS 266.285 is hereby amended to read as follows:

27-21  266.285  The city council may:

27-22  1.  Provide, by contract, franchise or public enterprise, for any utility to

27-23  be furnished to the city for the residents thereof.

27-24  2.  Provide for the construction of any facility necessary for the

27-25  provision of [such] the utility.

27-26  3.  Fix the rate to be paid for any utility provided by public enterprise.

27-27  Any charges due for services, facilities or commodities furnished by any

27-28  utility owned by the city is a lien upon the property to which the service is

27-29  rendered and [shall] must be perfected by [filing] recording with the

27-30  county recorder a statement by the city clerk of the amount due and unpaid

27-31  and describing the property subject to the lien. Each such lien [shall:

27-32  (a) Be] :

27-33  (a) Is coequal with the latest lien thereon to secure the payment of

27-34  general taxes.

27-35  (b) [Not be] Is not subject to extinguishment by the sale of any property

27-36  [on account] because of the nonpayment of general taxes.

27-37  (c) [Be] Is prior and superior to all liens, claims, encumbrances and

27-38  titles other than the liens of assessments and general taxes.

27-39  Sec. 59.  NRS 266.335 is hereby amended to read as follows:

27-40  266.335  The city council may:

27-41  1.  Except as otherwise provided in subsection 3 of NRS 40.140 and

27-42  subsection 5 of NRS 202.450, determine by ordinance what shall be

27-43  deemed nuisances.

27-44  2.  Provide for the abatement, prevention and removal of [such] the

27-45  nuisances at the expense of the person creating, causing or committing

27-46  [such] the nuisances.

27-47  3.  Provide that [such] the expense of removal is a lien upon the

27-48  property upon which the nuisance is located. [Such] The lien must:

28-1    (a) Be perfected by [filing] recording with the county recorder a

28-2  statement by the city clerk of the amount of expenses due and unpaid and

28-3  describing the property subject to the lien.

28-4    (b) Be coequal with the latest lien thereon to secure the payment of

28-5  general taxes.

28-6    (c) Not be subject to extinguishment by the sale of any property [on

28-7  account] because of the nonpayment of general taxes.

28-8    (d) Be prior and superior to all liens, claims, encumbrances and titles

28-9  other than the liens of assessments and general taxes.

28-10  4.  Provide any other penalty or punishment of persons responsible for

28-11  [such] the nuisances.

28-12  Sec. 60.  NRS 270.090 is hereby amended to read as follows:

28-13  270.090  1.  The findings of fact and conclusions of law and judgment

28-14  must be made and entered as in other cases, and exceptions, motions for

28-15  new trial and appeals may be had as provided in NRS and the Nevada

28-16  Rules of Appellate Procedure.

28-17  2.  The court or judge thereof shall in the findings and decree establish

28-18  a definite map or plat of the city , or part thereof or addition thereto, in

28-19  accordance with the pleadings and proof, and shall, by reference, make a

28-20  part of the findings and judgment the map or plat so established.

28-21  3.  Wherever blocks or parts of blocks in the original lost, destroyed,

28-22  conflicting, erroneous or faulty maps or plats have been insufficiently or

28-23  incorrectly platted, numbered or lettered, the omission, insufficiency or

28-24  fault must be supplied and corrected in accordance with the pleadings and

28-25  proof.

28-26  4.  If the map or plat prepared by the surveyor is inadequate or

28-27  impracticable of use for the judgment, the judgment or decree may require

28-28  the making of a new map or plat in accordance with the provisions of the

28-29  findings and judgment.

28-30  5.  A certified copy of the judgment, together with [such] the map or

28-31  plat as is established by the court, must be [filed] recorded in the office of

28-32  the county recorder of the county in which the action is tried. All the ties

28-33  and descriptions of section or quarter section corners, monuments or marks

28-34  required by NRS 270.020 must appear on the map finally established by

28-35  the judgment. The county recorder may collect and receive as his fees for

28-36  recording and indexing the certified copy of the judgment and map, $10 for

28-37  the map, and the specific statutory fees for the judgment, but not exceeding

28-38  $50.

28-39  6.  The judgment may require that all prior existing maps in conflict

28-40  with the map or plat adopted be so marked or identified by the county

28-41  recorder to show the substitution of the new map or plat in place thereof.

28-42  Sec. 61.  NRS 271.325 is hereby amended to read as follows:

28-43  271.325  1.  When an accurate estimate of cost, full and detailed plans

28-44  and specifications and map are prepared, are presented and are satisfactory

28-45  to the governing body, it shall, by resolution, make a determination that:

28-46  (a) Public convenience and necessity require the creation of the district;

28-47  and

28-48  (b) The creation of the district is economically sound and feasible.

29-1  This determination may be made part of the ordinance creating the district

29-2  adopted pursuant to subsection 2 and is conclusive in the absence of fraud

29-3  or gross abuse of discretion.

29-4    2.  The governing body may, by ordinance, create the district and order

29-5  the proposed project to be acquired or improved. This ordinance may be

29-6  adopted and amended as if an emergency existed.

29-7    3.  The ordinance must prescribe:

29-8    (a) The extent of the improvement district to be assessed, by boundaries

29-9  or other brief description, and similarly of each assessment unit therein, if

29-10  any.

29-11  (b) The kind and location of each project proposed, without mentioning

29-12  minor details.

29-13  (c) The amount or proportion of the total cost to be defrayed by

29-14  assessments, the method of levying assessments, the number of

29-15  installments and the times in which the costs assessed will be payable.

29-16  (d) The character and extent of any construction units.

29-17  4.  The engineer may further revise the cost, plans and specifications

29-18  and map from time to time for all or any part of any project, and the

29-19  ordinance may be appropriately amended before letting any construction

29-20  contract therefor and before any work being done other than by

29-21  independent contract let by the municipality.

29-22  5.  The ordinance, [as amended] if amended, must order the work to be

29-23  done as provided in this chapter.

29-24  6.  Upon adoption or amendment of the ordinance, the governing body

29-25  shall cause to be [filed] recorded in the office of the county recorder a

29-26  certified copy of a list of the tracts to be assessed and the amount of

29-27  maximum benefits estimated to be assessed against each tract in the

29-28  assessment area, as shown on the assessment plat as revised and approved

29-29  by the governing body pursuant to NRS 271.320. Neither the failure to

29-30  record the list as provided in this subsection nor any defect or omission in

29-31  the list regarding any parcel or parcels to be included within the district

29-32  affects the validity of any assessment, the lien for the payment thereof or

29-33  the priority of that lien.

29-34  7.  The governing body may not adopt an ordinance creating or

29-35  modifying the boundaries of an improvement district for a commercial area

29-36  vitalization project if the boundaries of the improvement district overlap an

29-37  existing improvement district created for a commercial area vitalization

29-38  project.

29-39  Sec. 62.  NRS 274.200 is hereby amended to read as follows:

29-40  274.200  1.  Approval of designated specially benefited zones must be

29-41  made by the governor by certification of the designating ordinance. The

29-42  governor shall promptly issue a certificate for each specially benefited zone

29-43  upon his approval. The certificate must be signed by the governor, must

29-44  make specific reference to the designating ordinance, which must be

29-45  attached thereto, and must be filed in the office of the secretary of state. A

29-46  certified copy of the certificate[, or a duplicate original thereof,] must be

29-47  [filed] recorded with the county recorder of the county in which the

29-48  specially benefited zone lies.

30-1    2.  A specially benefited zone is effective upon its certification. The

30-2  administrator shall transmit a copy of the certification to the department of

30-3  taxation, the employment security division of the department of

30-4  employment, training and rehabilitation and to the designating

30-5  municipality. The terms and provisions of the designating ordinance

30-6  become effective upon certification of the specially benefited zone, and

30-7  may not be amended or repealed except as otherwise provided in NRS

30-8  274.280.

30-9    3.  Except as otherwise provided in NRS 274.280, the designating

30-10  ordinance and the certification remain in effect for 20 years, or for a lesser

30-11  number of years specified in the ordinance, and terminate at midnight of

30-12  December 31 of the final year of the certified term.

30-13  4.  No more than eight specially benefited zones may be approved by

30-14  the governor in any year. In any year, the governor may not approve more

30-15  than three zones located within the same county, whether within its cities

30-16  or within the unincorporated areas, nor more than three zones in the same

30-17  city. The governor may approve specially benefited zones in each of the 6

30-18  years commencing with 1984. Thereafter, the governor may not approve

30-19  any additional specially benefited zones, but may amend or rescind

30-20  certifications of existing zones as provided in NRS 274.280.

30-21  Sec. 63.  NRS 277.140 is hereby amended to read as follows:

30-22  277.140  As conditions precedent to the entry into force of any

30-23  agreement made pursuant to NRS 277.080 to 277.170, inclusive:

30-24  1.  [Such agreement shall] The agreement must be submitted to the

30-25  attorney general, who shall determine whether it is in proper form and

30-26  compatible with the laws of this state. The attorney general shall set forth

30-27  in detail in writing addressed to the governing bodies of the public agencies

30-28  concerned any specific respects in which he finds that the proposed

30-29  agreement fails to [meet] comply with the requirements of law. Failure to

30-30  disapprove an agreement submitted under the provisions of this section

30-31  within 30 days after its submission [shall constitute] constitutes approval.

30-32  2.  [Such agreement shall be filed] The agreement must be recorded

30-33  with the county recorder of each county in which a participating political

30-34  subdivision of this state is located, and filed with the secretary of state.

30-35  Sec. 64.  NRS 278.0203 is hereby amended to read as follows:

30-36  278.0203  1.  The governing body may, if it finds that the provisions

30-37  of the agreement are consistent with the master plan, approve the

30-38  agreement by ordinance.

30-39  2.  Within a reasonable time after approval of the agreement, the clerk

30-40  of the governing body shall cause the original agreement to be [filed]

30-41  recorded with the county recorder or the recorder of Carson City . [for

30-42  recording.] Upon recordation the agreement binds all parties and their

30-43  successors in interest for the duration of the agreement.

30-44  Sec. 65.  NRS 278.378 is hereby amended to read as follows:

30-45  278.378  1.  A final map presented to the county recorder for [filing]

30-46  recording must include a certificate by the clerk of the governing body or

30-47  planning commission, or the director of planning or other authorized

30-48  person or agency if authorized to take final action by the governing body,

31-1  stating that the governing body, planning commission, director of planning

31-2  or other authorized person or agency:

31-3    (a) Approved the map;

31-4    (b) Accepted or rejected on behalf of the public any parcel of land

31-5  offered for dedication for public use in conformity with the terms of the

31-6  offer of dedication; and

31-7    (c) If applicable, determined that a public street, easement or utility

31-8  easement that will not remain in effect after a merger and resubdivision of

31-9  parcels conducted pursuant to NRS 278.4925, has been vacated or

31-10  abandoned in accordance with NRS 278.480.

31-11  2.  The director of planning or, if there is no director of planning, the

31-12  clerk of the governing body shall certify on the final map that it

31-13  substantially complies with the tentative map and all conditions have been

31-14  met.

31-15  3.  The clerk of the governing body or planning commission shall cause

31-16  the approved final map to be presented to the county recorder for [filing.]

31-17  recording.

31-18  Sec. 66.  NRS 278.460 is hereby amended to read as follows:

31-19  278.460  1.  A county recorder shall not [file for] record any final map

31-20  unless the map:

31-21  (a) Contains or is accompanied by the report of a title company and all

31-22  the certificates of approval, conveyance and consent required by the

31-23  provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of

31-24  any local ordinance; and

31-25  (b) Is accompanied by a written statement signed by the treasurer of the

31-26  county in which the land to be divided is located indicating that all

31-27  property taxes on the land for the fiscal year have been paid and that the

31-28  full amount of any deferred property taxes for the conversion of the

31-29  property from agricultural use has been paid pursuant to NRS 361A.265.

31-30  2.  [Nothing contained in] The provisions of NRS 278.010 to 278.630,

31-31  inclusive, [prevents] do not prevent the recording, pursuant to the

31-32  provisions of NRS 278.010 to 278.630, inclusive, and any applicable local

31-33  ordinances, of a map of any land which is not a subdivision, nor do NRS

31-34  278.010 to 278.630, inclusive, prohibit the [filing] recording of a map in

31-35  accordance with the provisions of any statute requiring the [filing]

31-36  recording of professional land surveyor’s records of surveys.

31-37  3.  A county recorder shall accept or refuse a final map for recordation

31-38  within 10 days after its delivery to him.

31-39  Sec. 67.  NRS 279.603 is hereby amended to read as follows:

31-40  279.603  1.  The legislative body shall [file] record with the county

31-41  recorder of the county in which the redevelopment area is situated a

31-42  description of the land within the redevelopment area and a statement that

31-43  proceedings for the redevelopment of that area have been instituted.

31-44  2.  Within 30 days after the adoption by the legislative body of a

31-45  redevelopment plan which contains a provision for the division of taxes

31-46  pursuant to NRS 279.676, the clerk of the community shall transmit a copy

31-47  of the description and statement recorded pursuant to subsection 1, a copy

31-48  of the ordinance adopting the plan and a map or plat indicating the

31-49  boundaries of the redevelopment area to:

32-1    (a) The auditor and tax assessor of the county in which the

32-2  redevelopment area is located;

32-3    (b) The officer who performs the functions of auditor or assessor for

32-4  any taxing agency which, in levying or collecting its taxes, does not use the

32-5  county assessment roll or [does not] collect its taxes through the county;

32-6  and

32-7    (c) The governing body of each of the taxing agencies which levies

32-8  taxes upon any property in the redevelopment area.

32-9    Sec. 68.  NRS 282.080 is hereby amended to read as follows:

32-10  282.080  The official bonds of officers [shall] must be approved and

32-11  [filed] recorded as follows:

32-12  1.  The official bond of the state treasurer [shall] must be approved by

32-13  the governor, and [filed and] recorded in the office of the secretary of state.

32-14  2.  The official bonds of all county and township officers [shall] must

32-15  be approved by the board of county commissioners, and [filed and]

32-16  recorded in the office of the county clerk of their respective counties,

32-17  except:

32-18  (a) That the bond of the county clerk [shall be filed and] must be

32-19  recorded in the office of the county recorder of the proper county; and

32-20  (b) That [where] if the county clerk is ex officio county recorder , his

32-21  bond [shall be filed,] must be recorded and deposited for safekeeping in the

32-22  manner provided in NRS 246.020.

32-23  Sec. 69.  NRS 309.060 is hereby amended to read as follows:

32-24  309.060  The board of county commissioners shall meet on the second

32-25  Monday succeeding the election provided for in NRS 309.050 and proceed

32-26  to canvass the votes and, if upon the canvass it appears that a majority of

32-27  votes cast were for “Local Improvement District-Yes,” the board, by an

32-28  order entered upon its minutes, shall declare the territory organized as an

32-29  improvement district under the name and style theretofore designated, and

32-30  [shall] declare the persons receiving respectively the highest number of

32-31  votes for directors to be elected, and [shall] cause a copy of the order and a

32-32  plat of the district, each certified by the clerk of the board of county

32-33  commissioners, to be [filed immediately for record] recorded immediately

32-34  in the office of the county recorder of each county in which any portion of

32-35  the district is situated, and certified copies thereof must also be [filed]

32-36  recorded with the county clerks of those counties. Thereafter the

32-37  organization of the district is complete.

32-38  Sec. 70.  NRS 309.220 is hereby amended to read as follows:

32-39  309.220  1.  Upon the hearing of such petition, the court shall examine

32-40  all the proceedings sought to be confirmed and may ratify, approve and

32-41  confirm the [same] petition or any part thereof , [;] and when an

32-42  apportionment of benefits is examined , all objections thereto, including

32-43  those made at the hearing before the board, [shall] must be set up in the

32-44  answer and heard by the court.

32-45  2.  The court shall disregard every error, irregularity or omission which

32-46  does not affect substantial rights of any party, and if the court [shall find]

32-47  finds that the apportionment is, as to any substantial matter, erroneous or

32-48  unjust, the [same shall] apportionment must not be returned to the board,

32-49  but the court shall proceed to correct the [same] apportionment so as to

33-1  conform to this chapter and the rights of all parties in the premises, and the

33-2  final judgment may approve and confirm [such] the proceedings in whole

33-3  or in part.

33-4    3.  A certified copy of the final judgment [shall] must be filed in the

33-5  office of the state engineer and recorded in the office of the recorder of the

33-6  county or counties in which any of the lands within the district are situated.

33-7  In case of the approval of the organization of the district and the

33-8  disapproval of the proceedings for issuing bonds, the district may again

33-9  undertake proceedings for the issuance of bonds and have the [same] bonds

33-10  confirmed as [herein provided.] provided in this section.

33-11  4.  The cost of the proceedings in court may be allowed and

33-12  apportioned among the parties thereto in the discretion of the court.

33-13  5.  Any person aggrieved at any decree of confirmation entered by the

33-14  district court [shall have the right to] may move for a new trial as [now]

33-15  provided by the Nevada Rules of Civil Procedure and may, within 30 days

33-16  [from] after the entry of [such] the decree of confirmation, appeal to the

33-17  supreme court , and all proceedings in the nature of appeals or rehearings

33-18  may be had as in any ordinary civil action, except as [herein expressly

33-19  provided otherwise.] otherwise provided in this section.

33-20  Sec. 71.  NRS 329.140 is hereby amended to read as follows:

33-21  329.140  Except as otherwise provided in NRS 329.145, a surveyor

33-22  shall complete, sign and [file] record or cause to be [filed] recorded with

33-23  the county recorder of the county in which the corner is situated a written

33-24  record of the establishment or restoration of a public land survey corner.

33-25  Except as otherwise provided in NRS 329.145, such a [filing] recording

33-26  must be made for every public land survey corner and accessory to [such]

33-27  the corner which is established, reestablished, monumented,

33-28  remonumented, restored, rehabilitated, perpetuated or used as control in

33-29  any survey. The survey information must be [filed] recorded within 90

33-30  days after the survey is completed.

33-31  Sec. 72.  NRS 108.630, 247.307 and 247.350 are hereby repealed.

33-32  Sec. 73.  1.  This section and sections 1 to 11, inclusive, and 13 to 72,

33-33  inclusive, of this act become effective on July 1, 2001.

33-34  2.  Section 12 of this act becomes effective on July 1, 2003.

 

33-35  TEXT OF REPEALED SECTIONS

 

33-36  108.630  Docket of liens: Duties of county recorder; fees.

33-37  1.  Each county recorder shall maintain a hospital lien docket in which,

33-38   upon the filing of any such notice of lien, he shall enter the name of the

33-39   injured person, the approximate date of the injury, the name and address of

33-40   the hospital filing the notice and the amount claimed; and he shall make an

33-41   index thereto in the names of the injured persons.

33-42  2.  Each county recorder shall charge and collect the fees provided in

33-43   NRS 247.305 for the filing of each notice of lien and for making certified

33-44   copies upon request.

34-1    247.307  Reduction of filing fee for document suitable for indexing

34-2  by device which reads characters by optical process. If a document

34-3   meets standards prescribed by the county recorder which allow that

34-4   document to be indexed by a device which reads characters by an optical

34-5   process, the filing fee is one-half of the fee otherwise specified.

34-6    247.350  Receiving book to be kept as fee book. The receiving book

34-7   defined in NRS 247.100 shall be the fee book of the county recorder and

34-8   shall be kept as required by law.

 

34-9  H