Assembly Bill No. 568–Committee on Government Affairs
CHAPTER..........
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:
Section 1. NRS 244.3605 is hereby amended to read as follows:
244.3605 1. Notwithstanding the provisions of NRS 244.360 and
244.3601, the board of county commissioners of a county may adopt by
ordinance procedures pursuant to which the board or its designee may
order an owner of property within the county to:
(a) Repair, safeguard or demolish a dangerous structure;
(b) Clear debris, rubbish and refuse which is not subject to the
provisions of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
to protect the public health, safety and welfare of the residents of the
county.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by certified mail, return receipt requested, of the
existence on his property of a condition set forth in subsection 1 and the
date by which he must abate the condition; and
(2) Afforded an opportunity for a hearing before the designee of the
board and an appeal of that decision to the board.
(b) Provide that the date specified in the notice by which the owner
must abate the condition is tolled for the period during which the owner
requests a hearing and receives a decision.
(c) Provide the manner in which the county will recover money
expended for labor and materials used to abate the condition on the
property if the owner fails to abate the condition.
(d) Provide for civil penalties for each day that the owner did not abate
the condition after the date specified in the notice by which the owner was
required to abate the condition.
3. The board or its designee may direct the county to abate the
condition on the property and may recover the amount expended by the
county for labor and materials used to abate the condition if:
(a) The owner has not requested a hearing within the time prescribed in
the ordinance adopted pursuant to subsection 1 and has failed to abate the
condition on his property within the period specified in the notice.
(b) After a hearing in which the owner did not prevail, the owner has
not filed an appeal within the time prescribed in the ordinance adopted
pursuant to subsection 1 and has failed to abate the condition within the
period specified in the order.
(c) The board has denied the appeal of the owner and the owner has
failed to abate the condition within the period specified in the order.
4. In addition to any other reasonable means of recovering money
expended by the county to abate the condition, the board may provide that
the expense is a lien upon the property upon which such a condition is
located. The lien must be perfected by:
(a) Mailing by certified mail a notice of the lien, separately prepared for
each lot affected, addressed to the last known owner of the property at his
last known address, as determined by the real property assessment roll in
the county in which the property is located; and
(b) [Filing] Recording with the county recorder of the county in which
the property is located, a statement of the amount due and unpaid and
describing the property subject to the lien.
Sec. 2. NRS 246.020 is hereby amended to read as follows:
246.020 1. Each county clerk shall, before entering upon the duties
of his office:
(a) Take the oath prescribed by law.
(b) Execute to the county a penal bond in the sum of $10,000,
conditioned for the faithful discharge of the duties of his office, which
bond must be approved by the district judge and [filed] recorded in the
office of the county recorder, unless a blanket fidelity bond is furnished by
the county.
2. In all counties where the county clerk is ex officio county recorder,
the official bond of the county clerk must be recorded in the manner and
place as provided in subsection 1, and immediately thereafter must be
deposited for safekeeping in the office of the county treasurer.
Sec. 3. NRS 246.030 is hereby amended to read as follows:
246.030 1. All county clerks are authorized to appoint deputies, who
are authorized to transact all official business appertaining to the office[,]
to the same extent as their principals. A deputy must be at least 18 years of
age.
2. County clerks are responsible on their official bonds for all official
malfeasance or nonfeasance of their deputies. Bonds for the faithful
performance of their official duties may be required of deputies by county
clerks.
3. All appointments of deputies under the provisions of this section
must be in writing, and must, together with the oath of office of the
deputies, be [filed and recorded in a book provided for that purpose]
recorded in the office of the recorder of the county within which the
principal legally holds and exercises his office. Revocations of such
appointments must [also be filed and recorded as herein provided.] be
recorded in the same manner. From the time of the [filing] recording of
the appointments or revocations , [therein,] persons shall be deemed to
have notice of the [same.] appointment or revocation.
Sec. 4. Chapter 247 of NRS is hereby amended by adding thereto a
new section to read as follows:
As used in this chapter, unless the context otherwise requires,
“document” means a written instrument, paper, notice, deed,
conveyance, map, chart, survey or any other writing, without regard to:
1. The form in which the document is received by a county recorder;
2. The method used to transmit the document to a county recorder;
or
3. The method used by a county recorder to store, access or retrieve
the document.
Sec. 5. NRS 247.040 is hereby amended to read as follows:
247.040 1. All county recorders are authorized to appoint deputies,
who are authorized to transact all official business appertaining to the
office[,] to the same extent as their principals. A deputy must be at least
18 years of age.
2. County recorders are responsible on their official bonds for all
official malfeasance or nonfeasance of their deputies. Bonds for the
faithful performance of their official duties may be required of deputies by
county recorders.
3. All appointments of deputies under the provisions of this section
must be in writing, and must, together with the oath of office of the
deputies, be [filed and recorded in a book provided for that purpose]
recorded in the office of the recorder of the county within which the
county recorder legally holds [and exercises his] office. Revocations of
such appointments must [also be filed and recorded as herein provided.] be
recorded in the same manner. From the time of the [filing] recording of
the appointments or revocations , [therein,] persons shall be deemed to
have notice of the [same.] appointment or revocation.
Sec. 6. NRS 247.060 is hereby amended to read as follows:
247.060 A county recorder [is empowered to] may take and certify the
acknowledgment and proof of all [conveyances] documents affecting any
real property[, or of any other written instrument,] for which he [shall] is
entitled to receive the same fees as are prescribed by law. [All] A county
recorder shall deposit all such fees [shall be deposited] in the county
general fund.
Sec. 7. NRS 247.070 is hereby amended to read as follows:
247.070 1. [County recorders shall subscribe for such newspapers, at
least one and] A county recorder may purchase a subscription for not
more than three[,] newspapers printed and published in [their respective
counties, as the board of county commissioners therein may select and
determine.
2. Except as otherwise provided in subsection 6, each county recorder
shall:
(a) Receive and preserve every copy of the paper or papers so
subscribed for; and
(b) From time to time, cause the same to be arranged properly and
bound in volumes of convenient size in a substantial manner.
The volumes when bound must be kept in his office for the use of the
courts and the public, all of whom must be given access to the volumes at
all times during office hours, free of charge. Except as otherwise provided
in subsection 4, the county recorder is entitled to receive for his services in
this behalf the sum of $10 for each volume. For neglect of the duties
hereby imposed, he shall forfeit the sum of $50 to be recovered, with
costs, in a civil action before any court, one-half of which must be paid
into the county school fund, and the other half to the person who
prosecutes the action to successful termination.
3.] the county where the county recorder holds office.
2. The county recorder [of each county] may microfilm each issue of
the newspaper or newspapers subscribed for as provided in subsection 1 .
[and keep the microfilm in lieu of keeping the newspapers.
4. The price of the papers, the binding of the several volumes thereof,
the cost of microfilming, and the county recorder’s compensation for the
care and preservation of the newspapers and microfilm must be paid out of
the general fund of the county, in the same manner that other charges are
audited and allowed from the fund by the respective boards of county
commissioners; but in any county in which the county recorder is
compensated by a salary, the county recorder is entitled to receive for such
services no compensation additional to that of his salary, and the expense
of procuring and filing the newspapers or microfilm must be paid as
stationery and books for the office of the county recorder are now paid for.
5. Any person who willfully abstracts, destroys, mutilates or defaces
any microfilm, volume or newspaper purchased in pursuance of this
section is guilty of a misdemeanor.
6. In order to satisfy the requirements of subsection 2, a county
recorder may enter into an agreement with a public library serving that
county which provides that the library will receive, preserve, bind and
make available the newspapers in accordance with subsection 2. Such an
agreement may provide that the library may keep microfilm in lieu of
keeping the newspapers.]
Sec. 8. NRS 247.080 is hereby amended to read as follows:
247.080 [1. Each county recorder must procure such books for
records as the business of his office requires, but orders for the same must
be obtained from the board of county commissioners.
2. The] Each county recorder shall [have the] take custody of and
[shall be] is responsible for all [books, records, maps and papers]
documents deposited in his office.
Sec. 9. NRS 247.090 is hereby amended to read as follows:
247.090 All [books of records, maps, charts, surveys and other papers]
documents on file in the office of the county recorder, must, during office
hours, be open for inspection by any person without charge. The county
recorder must arrange the books of record and indexes in his office in such
suitable places as to facilitate their inspection.
Sec. 10. NRS 247.100 is hereby amended to read as follows:
247.100 [1.] Each county recorder shall:
[(a) Enter]
1. Record each document[, instrument or paper filed in his office in a
book to be known as the receiving book,] in the order in which it is [filed.
(b) Give to each document, instrument or paper thus filed its proper
number in the order of filing.
(c) Write opposite the title, name or designation of such filing in the
receiving book the date of filing, the file number so given to it, and the
amount of fees collected for the recording or filing of the same, as the case
may be.
(d) Upon request, issue his receipt for the fee, with the file number
placed thereon.
2. The receiving book, when so kept, shall be the fee book of the
county recorder for the matters mentioned in this section, and shall be
open to the inspection of anyone desiring so to do.
3. The file number of each document, instrument or paper, as
mentioned in this section, shall be placed on such document, instrument or
paper at the time of filing, and on the official record when and where the
same shall be recorded.
4. Any county recorder who shall willfully violate any of the
provisions of this section shall be fined not more than $500.] received;
2. Maintain a record of all transactions conducted within the office
and a record of all fees collected; and
3. Make the records maintained pursuant to subsection 2 available
for public inspection during regular business hours.
Sec. 11. NRS 247.110 is hereby amended to read as follows:
247.110 1. When [any instrument, paper or notice] a document
authorized by law to be recorded [or filed] is deposited in the county
recorder’s office for recording , [or for filing,] the county recorder shall:
(a) Endorse upon it the time when it was received, noting:
(1) The year, month, day, hour and minute of its reception ; [.]
(2) The [file number thereof.
(3) The book and page where recorded or the place where filed.
(4)] document number; and
(3) The amount of fees collected for recording[or filing.] the
document.
(b) Record [or file the instrument] the document without delay, together
with the acknowledgments, proofs and certificates, written upon or
annexed to it, with the plats, surveys, schedules and other papers thereto
annexed, in the order in which the [instruments are] papers are received
for recording . [or for filing.]
(c) Note at the [foot] upper right corner of the record and upon the
[instrument so filed or] document so recorded the exact time of its
reception, and the name of the person at whose request it was recorded .
[or filed.]
(d) Upon request, place a stamp or other notation upon one copy of the
[instrument, paper or notice] document presented at the time of recording
[or filing] to reflect the information endorsed upon the original pursuant to
subparagraphs (1) and (2) of paragraph (a) and as evidence that he
received the original, and return the copy to the person who presented it.
2. In addition to the information described in paragraph (a) of
subsection 1, a county recorder may endorse upon a document the book
and page where the document is recorded.
3. A county recorder shall not refuse to record [or file any instrument,
paper or notice] a document on the grounds that the [instrument, paper or
notice] document is not legally effective to accomplish the purposes stated
therein.
Sec. 12. NRS 247.110 is hereby amended to read as follows:
247.110 1. When a document authorized by law to be recorded is
deposited in the county recorder’s office for recording, the county recorder
shall:
(a) Endorse upon it the time when it was received, noting:
(1) The year, month, day, hour and minute of its reception;
(2) The document number; and
(3) The amount of fees collected for recording the document.
(b) Record the document without delay, together with the
acknowledgments, proofs and certificates, written upon or annexed to it,
with the plats, surveys, schedules and other papers thereto annexed, in the
order in which the papers are received for recording.
(c) Note at the [foot] upper right corner of the record and upon the
document , except a map, so recorded the exact time of its reception, and
the name of the person at whose request it was recorded.
(d) Upon request, place a stamp or other notation upon one copy of the
document presented at the time of recording to reflect the information
endorsed upon the original pursuant to subparagraphs (1) and (2) of
paragraph (a) and as evidence that he received the original, and return the
copy to the person who presented it.
2. A county recorder may endorse the information described in
paragraph (a) of subsection 1 on the book and page where a document is
recorded.
3. A county recorder shall not refuse to record a document on the
grounds that the document is not legally effective to accomplish the
purposes stated therein.
4. A document, except a map, that is submitted for recording must:
(a) Be on paper that is 8 1/2 inches by 11 inches in size;
(b) Have a margin of 1 inch on the left and right sides and at the
bottom of each page; and
(c) Have a space of 3 inches by 3 inches at the upper right corner of
the first page and have a margin of 1 inch at the top of each succeeding
page.
Sec. 13. NRS 247.120 is hereby amended to read as follows:
247.120 1. Each county recorder shall, upon the payment of the
prescribed statutory fees, record separately, in a manner which will allow a
legible copy to be made, the following specified [instruments in large,
well-bound separate books, either sewed or of insertable leaves which
when placed in the book cannot be removed:] documents:
(a) Deeds, grants, patents issued by the State of Nevada or by the
United States, transfers and mortgages of real estate, releases of mortgages
of real estate, powers of attorney to convey real estate, and leases of real
estate which have been acknowledged or proved.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics’ liens.
(f) Transcripts of judgments which by law are made liens upon real
estate in this state and affidavits of renewal of those judgments.
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title
thereto, or the possession thereof.
(i) Instruments describing or relating to the separate property of married
persons.
(j) Notice of preemption claims.
(k) Notices and certificates of location of mining claims.
(l) Affidavits of proof of annual labor on mining claims.
(m) Affidavits of intent to hold mining claims recorded pursuant to
subsection 3 of NRS 517.230.
(n) Certificates of sale.
(o) Judgments or decrees.
(p) Declarations of homesteads.
(q) Such other writings as are required or permitted by law to be
recorded.
2. Each of the [instruments] documents named in paragraph (a) of
subsection 1 may be recorded in separate books in the discretion of the
county recorder.
3. Before accepting for recording any [instrument] document
enumerated in subsection 1, the county recorder [may] shall require a
[copy] document suitable for recording by a method used by the recorder
to preserve his records. [Where] If any rights may be adversely affected
because of a delay in recording caused by this requirement, the county
recorder shall accept the [instrument] document conditionally subject to
submission of a suitable [copy] document at a later date. [The provisions
of this subsection do not apply where it is impossible or impracticable to
submit a more suitable copy.] Before accepting a document conditionally,
the recorder shall require the person who requests the recording to sign
a statement that the person has been advised of the requirements
described in this subsection and record the statement with the document.
Sec. 14. NRS 247.130 is hereby amended to read as follows:
247.130 1. In lieu of any [or all] of the separate books provided for
in NRS 247.120, the county recorder may[, in his discretion, record any or
all of the instruments] record a document designated in NRS 247.120 in
one general series [of books] to be called “Official Records .” [,” which
books shall be numbered consecutively beginning with number 1.]
2. The recording of [instruments] a document in such “Official
Records” will impart notice in like manner and effect as if [such
instruments] the document were recorded in any of the separate books
provided for in this chapter.
Sec. 15. NRS 247.145 is hereby amended to read as follows:
247.145 1. County recorders may record any [instrument, document,
paper or notice] document authorized, entitled or required by law to be
[filed, when deposited or] recorded when presented for [filing.
2. The following acts shall be deemed equivalent to filing:
(a) Recording.
(b) Recording and microfilming an instrument, document, paper or
notice by county records in counties having microfilm equipment.
(c) Recording and preserving an instrument, document, paper or notice
in any other manner which will allow a legible copy to be made.]
recording.
2. A document is recorded when the information required pursuant
to NRS 247.110 is placed on the document and is entered in the record
of the county recorder.
Sec. 16. NRS 247.150 is hereby amended to read as follows:
247.150 1. Each county recorder shall [keep] maintain two separate
indexes [for each separate book or series of books maintained] in his
office for the separate alphabetical recordation of the various classes of
[instruments] documents specified in NRS 247.120. One of the indexes
must be for the grantors, defendants, mortgagors, trustors, lessors,
vendors, assignors, appointors, parties releasing, judgment debtors,
testators,
obligors under bonds, parties against whom liens are claimed or
attachments issued, mining locators, name of mine, persons filing or parties
adversely affected by the document indexed, and the other index must be
for the grantees, plaintiffs, mortgagees, beneficiaries, lessees, vendees,
assignees, appointees, parties whose mortgages, deeds of trust, liens and
similar encumbrances are released or the parties benefited by the
document indexed.
2. Each of the indexes must be so arranged as to show:
(a) The names of each of the parties to [every instrument,] each
document except as otherwise provided in subsection 5.
(b) The date on which the [instrument was filed] document was
recorded in the office of the county recorder.
(c) The book and page where the [instrument] document is recorded, or
the [file number and file where the instrument may be filed.] document
number.
(d) Such other data as in the discretion of the county recorder may seem
desirable.
If the index is one general series [of books] for all [instruments] documents
recorded, it must also show the character of the [instrument] document
indexed.
3. [The] A county recorder may keep in the same volume any two or
more of the indexes provided for in this section, but the indexes must be
kept distinct from each other. Every volume of indexes must be distinctly
marked on the outside in such a way as to show all of the indexes kept in
it.
4. The first column of the several indexes for parties adversely affected
and parties benefited must be arranged in alphabetical order.
5. When a conveyance is executed by a sheriff, the name of the
[sheriff] county and the party charged in the execution must both be
inserted in the indexes. When [an instrument] a document is recorded [or
filed] to which an executor, administrator, guardian or trustee is a party,
the name of the executor, administrator, guardian or trustee, together with
the name of the testator, intestate, or ward, or party for whom the trust is
held, must be inserted in the index, except that the name of the trustee in a
deed of trust or in a partial or full deed of reconveyance need not be
indexed. A trustee’s deed given upon exercise of the power of sale under
any deed of trust must be indexed under the names of the original trustor
and the grantee named in it. [An instrument] A document affecting a
limited partnership is not required to be indexed under the names of the
limited partners if it is indexed under the names of the partnership and the
general partners.
6. In addition to the indexes required by this section, the county
recorder shall [also] keep and maintain other indexes required in the
performance of his official duties.
7. Except as otherwise provided in subsection 8, every [instrument
filed] document deposited in the office of any county recorder for [record
or filed, but not for] recordation, must be alphabetically indexed [in the
indexes provided for each separate book or set of books or file,] under the
names of each party adversely affected by the document and under the
names of each party benefited by the document so indexed.
8. A map of a minor county road that is [filed] recorded in the office
of a county recorder must:
(a) Be [filed] recorded in the index for grantors according to the
townships, ranges and sections indicated on the face of the map; and
(b) Show the character of the [instrument] document as a map of a
minor county road.
9. As an alternative to the method of indexing prescribed by this
section, the county recorder may[, with the permission of the board of
county commissioners,] use in place of the index books or volumes:
(a) Card indexes with a metal-reinforced hole punched in them for rod
insertion, and the card indexes must be kept in suitable metal file cabinets.
(b) A secure electronic method of indexing, including , without
limitation , microfilm produced by computer or a system using computer
terminals.
Sec. 17. NRS 247.155 is hereby amended to read as follows:
247.155 1. If a document contains the names of [500] 200 or more
persons which must be indexed in accordance with NRS 247.150, a county
recorder may require [a magnetic tape produced by a computer which can
be used on the computer in the county recorder’s office from] the person
who requests the recording of that document[. If this tape] to provide the
office of the county recorder with an electronic version or other copy of
the document that:
(a) Is compatible with and readable by the computer in the office of
the county recorder; and
(b) Complies with the indexing standards of the county recorder.
2. If an electronic version or other copy described in subsection 1 is
furnished, the county recorder shall not charge a filing fee for any page
which contains those names.
Sec. 18. NRS 247.160 is hereby amended to read as follows:
247.160 Whenever [any instrument filed for record with the] a
document is recorded by a county recorder [of any county] or a copy of
[the instrument] a document has been inserted into a book of record other
than that designated by law, but is later [indexed] included in the [proper
book of indexes, the instrument] correct index, the document from the
date of indexing imparts notice of its contents to all persons. Subsequent
purchasers, mortgagees, lienholders and encumbrancers purchase and take
with like notice and effect as if the [instrument] document had been
recorded in the proper book of record.
Sec. 19. NRS 247.170 is hereby amended to read as follows:
247.170 1. Whenever [any instrument] a document has been [filed
for record with the] recorded by a county recorder [of any county] as a
deed of trust, mortgage or financing statement, or a copy of [the
instrument] a document has been inserted into [any] a book of deeds,
deeds of trust, mortgages or financing statement, the [instrument]
document need not be again [filed for record or] recorded in the office as a
different [instrument] document from that so [filed for record or]
recorded, but the county recorder [must index the instrument] shall:
(a) Index the document in any of the indexes kept in his office upon the
request of the person requesting the recording of the [instrument]
document; and
(b) Index the payment to him of his legal fees for such indexing.
2. The [instrument] document from the date of such indexing imparts
notice of its contents to all persons, and subsequent purchasers,
mortgagees, lienholders and encumbrancers purchase and take with like
notice and effect as if the [instrument] document had been copied or
recorded in the proper book of records corresponding with [such] all
indexes where so indexed.
Sec. 20. NRS 247.180 is hereby amended to read as follows:
247.180 1. Except as otherwise provided in NRS 111.312, whenever
[an instrument] a document conveying, encumbering or mortgaging both
real and personal property is presented to [any] a county recorder for
recording, the county recorder shall record the [instrument in a book kept
by him for that purpose, which ] document. The record must be indexed in
the real estate index as deeds and other conveyances are required by law to
be indexed, and for which [he] the county recorder may receive the same
fees as are allowed by law for recording and indexing deeds and other
[instruments,] documents, but only one fee for the recording of [any
instrument] a document may be collected.
2. A county recorder who records an instrument pursuant to this
section shall, within 7 working days after he records the instrument,
provide to the county assessor at no charge:
(a) A duplicate copy of the instrument and any supporting documents;
or
(b) Access to the digital instrument and any digital supporting
documents.
Sec. 21. NRS 247.190 is hereby amended to read as follows:
247.190 1. [Every instrument of writing] A document acknowledged
or proved and certified and recorded in the manner prescribed in this
chapter [shall,] from the time of [filing the same] depositing the document
with the county recorder of the proper county for record, [impart] provides
notice to all persons of the contents thereof, and all third parties shall be
deemed to purchase and take with notice.
2. All [instruments filed] documents deposited for recordation with the
county recorder [shall] must have typed or legibly printed the names of all
signers thereon, excluding those of the acknowledging officers and
witnesses, beneath the original signatures. If [such an instrument] a
document does not contain [such] the typed or printed names, the county
recorder shall accept [such instrument] the document for recordation if
accompanied by an affidavit, for recordation with the [instrument,]
document, correctly spelling in legible print or type the signatures
appearing on [such instrument.] the document. This requirement [shall]
does not apply to military discharges or military [instruments,] documents,
to wills or court records, or to [any instrument dated prior to] a document
dated before July 1, 1963. Failure to print or type signatures as provided in
this subsection [shall] does not invalidate the [instrument.
3. Every instrument of writing filed, but not for recordation, as
permitted by law, shall from the time of filing of the same with the county
recorder of the proper county impart notice to all persons of the contents
thereof, and all third parties shall be deemed to purchase and take with
notice.] document.
Sec. 22. NRS 247.200 is hereby amended to read as follows:
247.200 [Instruments] A document affecting real property must be
recorded in the office of the county recorder of the county in which the
real property is situated. A county recorder may refuse to record a
document affecting real property if the real property is not located
within the county.
Sec. 23. NRS 247.210 is hereby amended to read as follows:
247.210 A copy or abstract of [any instrument] a document once
recorded or filed in any recording office of any state, certified by the
county recorder or other appropriate officer in whose public office the
[instrument] document is recorded or filed, may be recorded [or filed] in
any county of this state, and when so recorded , [or filed] the record
thereof[, or the filed instrument,] has the same force and effect as though
it were of the original [instrument.] document.
Sec. 24. NRS 247.305 is hereby amended to read as follows:
247.305 1. If another statute specifies the fee to be charged for a
service, county recorders shall charge and collect only the fee specified.
Otherwise county recorders shall charge and collect the following fees:
For recording any document, for the first page$7
For each additional page1
For recording each portion of a document which must be
separately indexed, after the first indexing 3
For copying any record, for each page1
For certifying, including certificate and seal4
For a certified copy of a certificate of marriage7
For a certified abstract of a certificate of marriage7
2. Except as otherwise provided in subsection 3, a county recorder
shall not charge or collect any fees for any of the services specified in this
section when rendered by him to:
(a) The county in which his office is located.
(b) The State of Nevada or any city or town within the county in which
his office is located, if the document being recorded:
(1) Conveys to the state, or to that city or town, an interest in land;
(2) Is a mortgage or deed of trust upon lands within the county which
names the state or that city or town as beneficiary;
(3) Imposes a lien in favor of the state or that city or town; or
(4) Is a notice of the pendency of an action [in eminent domain filed]
by the state [pursuant to NRS 37.060.]or that city or town.
3. A county recorder shall charge and collect the fees specified in this
section for copying of any document at the request of the State of Nevada,
and any city or town within the county. For copying, and for his certificate
and seal upon the copy, the county recorder shall charge the regular fee.
4. For purposes of this section, “State of Nevada,” “county,” “city”
and “town” include any department or agency thereof and any officer
thereof in his official capacity.
5. Except as otherwise provided by an ordinance adopted pursuant to
the provisions of NRS 244.207, county recorders shall, on or before the
fifth working day of each month, account for and pay to the county
treasurer all such fees collected during the preceding month.
Sec. 25. NRS 247.320 is hereby amended to read as follows:
247.320 [County recorders are required to file and record in their
respective offices and in the books provided therefor,]
1. A county recorder shall:
(a) Record deeds of conveyances and judgments vesting or perfecting
title in the United States[, and to certify copies of such instruments
furnished by] ; and
(b) Provide one certified copy of the official record to the interested
government representative. [No fees shall be charged by the]
2. A county recorder shall not charge fees for the services [mentioned
in] required by this section.
Sec. 26. NRS 247.330 is hereby amended to read as follows:
247.330 A county recorder shall not [be bound to] record any
[instrument, or file any paper or notice, or to] document, furnish any
copies[, or to] or render any other service connected with his office, until
[his] the fees for the [same] services, as prescribed by law , are paid or
tendered.
Sec. 27. NRS 247.370 is hereby amended to read as follows:
247.370 Any county recorder who willfully violates any of the
provisions of NRS 247.340 [or 247.350] shall be fined not more than
$1,000.
Sec. 28. NRS 247.380 is hereby amended to read as follows:
247.380 If any county recorder [shall take] willfully takes more or
greater fees than are allowed by law, he [shall be] is liable to indictment,
and on conviction [shall] must be removed from office and fined [in any
sum not exceeding] not more than $1,000.
Sec. 29. NRS 247.390 is hereby amended to read as follows:
247.390 Any county recorder receiving fees as provided by law shall
[publish and set up in some] post in a conspicuous place in his office a fee
table for public inspection. A sum not exceeding $20 for each day of his
omission so to do [shall] must be forfeited, which sum with costs may be
recovered by any person by an action before any justice of the peace of the
same county.
Sec. 30. NRS 247.410 is hereby amended to read as follows:
247.410 [If any county recorder to whom an instrument, proved or
acknowledged according to law, or any paper or notice which may by law
be recorded is delivered for record, or to whom any document, instrument
or paper permitted by law to be filed is delivered for filing:] A county
recorder is liable to a party aggrieved for three times the amount of the
damages that may be occasioned thereby if the county recorder:
1. Neglects or refuses to record [or file such instrument, paper or
notice] a recordable document within a reasonable time after receiving
the [same;] document;
2. Records [or files any instrument, paper or notice,] a document
willfully or negligently, untruly[,] or in any other manner than is directed
in this chapter;
3. Neglects or refuses to [keep] maintain in his office such indexes as
are required by this chapter, or to make the proper entries therein; or
4. Alters, changes or obliterates any record or any filed [instrument]
document deposited in his office, or inserts any new matter therein . [,
he is liable to the party aggrieved for three times the amount of the
damages which may be occasioned thereby.]
Sec. 31. NRS 248.275 is hereby amended to read as follows:
248.275 1. The sheriff of each county in this state may charge and
collect the following fees:
For serving a summons or complaint, or any other process,
by which an action or proceeding is commenced, except as a
writ of habeas corpus, on every defendant$15
For traveling and making such service, per mile in going
only, to be computed in all cases the distance actually
traveled, for each mile1
If any two or more papers are required to be served in the
same suit at the same time, where parties live in the same
direction, one mileage only may be charged.
For taking a bond or undertaking in any case in which he is
authorized to take a bond or undertaking4
For a copy of any writ, process or other paper, [when] if
demanded or required by law, for each page2
For serving every rule or order15
For serving one notice required by law before the
commencement of a proceeding for any type of eviction15
For serving not fewer than 2 nor more than 10 such notices
to the same location, each notice12
For serving not fewer than 11 nor more than 24 such notices
to the same location, each notice10
For serving 25 or more such notices to the same location,
each notice9
For mileage in serving such a notice, for each mile
necessarily and actually traveled in going only1
But if two or more notices are served at the same general
location during the same period, mileage may only be
charged for the service of one notice.
For serving a subpoena, for each witness summoned15
For traveling, per mile in serving subpoenas, or a venire, in
going only, for each mile1
When two or more witnesses or jurors live in the same
direction, traveling fees must be charged only for the most
distant.
For serving an attachment on property, or levying an
execution, or executing an order of arrest or order for the
delivery of personal property, together with traveling fees,
as in cases of summons15
For making and posting notices and advertising for sale, on
execution or any judgment or order of sale, not to include
the cost of publication in a newspaper15
For issuing each certificate of sale of property on execution
or order of sale, and for [filing a duplicate thereof]
recording the original certificate with the county recorder,
which must be collected from the party receiving the
certificate3
For drawing and executing every sheriff’s deed, to be paid by
the grantee, who shall in addition pay for the
acknowledgment thereof12
For serving a writ of possession or restitution, putting any
person into possession entitled thereto15
For traveling in the service of any process, not otherwise
provided in this section, for each mile necessarily traveled,
for going only, for each mile1
For mailing a notice of a writ of execution1
The sheriff may charge and collect $1 per mile traveled, for going only, on
all papers not served, where reasonable effort has been made to effect
service, but not to exceed $20.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on execution
or process, where lands or personal property have been levied on,
advertised or sold, on the first $500, 4 percent; on any sum in excess of
$500, and not exceeding $1,000, 2 percent; on all sums above that amount,
1 percent.
(b) For commissions for receiving and paying over money on
executions without levy, or where the lands or goods levied on are not
sold, on the first $3,500, 2 percent, and on all amounts over that sum, one
-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas
corpus, the same mileage as in civil cases, to be allowed, audited and paid
as are other claims against the county.
(d) For all services in justices’ courts, the same fees as are allowed in
subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compensation for his trouble
and expense in taking possession of property under attachment, execution
or other process and of preserving the property, as the court from which
the writ or order may issue certifies to be just and reasonable.
4. In service of a subpoena or a venire in criminal cases, the sheriff is
entitled to receive mileage for the most distant only, where witnesses and
jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and
for making and collecting money on an execution or order of sale, must be
collected from the defendants, by virtue of the execution or order of sale,
in the same manner as the execution is directed to be made.
6. Except as otherwise provided by an ordinance adopted pursuant to
the provisions of NRS 244.207, all fees collected by a sheriff must be paid
into the county treasury of his county on or before the fifth working day of
the month next succeeding the month in which the fees are collected.
Sec. 32. NRS 249.060 is hereby amended to read as follows:
249.060 1. County treasurers may appoint one or more deputies, and
may take from them bond with sureties. A deputy must be at least 18 years
of age. Every county treasurer and his sureties are liable for every official
act of his deputies.
2. Any county treasurer may authorize his deputy or deputies to
transact any official business pertaining to the office of county treasurer in
the same manner as the county treasurer.
3. All appointments of deputies under the provisions of this section
must be in writing, and must, together with the oath of office of the
deputies, be [filed and recorded in a book provided for that purpose]
recorded in the office of the recorder of the county within which the
county treasurer legally holds and exercises his office. Revocations of
such appointments must also be [filed and] recorded as [herein provided .]
provided in this section. From the time of the [filing] recording of the
appointments or revocations therein, persons shall be deemed to have
notice of the [same.] appointments or revocations.
Sec. 33. NRS 250.060 is hereby amended to read as follows:
250.060 1. All county assessors are authorized to appoint deputies,
who are authorized to transact all official business [appertaining] relating
to the offices[,] to the same extent as the county assessors. A deputy must
be at least 18 years of age.
2. County assessors are responsible on their official bonds for all
official malfeasance or nonfeasance of their deputies. Bonds for the
faithful performance of their official duties may be required of deputies by
county assessors.
3. All appointments of deputies under the provisions of this section
must be in writing, and must, together with the oath of office of the
deputies, be [filed and recorded in a book provided for that purpose]
recorded in the office of the recorder of the county within which the
county assessor legally holds and exercises his office. Revocations of such
appointments must also be [filed and] recorded as [herein provided.]
provided in this section. From the time of the [filing] recording of the
appointments or revocations therein, persons shall be deemed to have
notice of the [same.] appointments or revocations.
Sec. 34. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies,
who may transact all official business [appertaining] relating to the offices
[,] to the same extent as their principals.
2. District attorneys are responsible on their official bonds for all
official malfeasance or nonfeasance of the deputies. Bonds for the faithful
performance of their official duties may be required of deputies by district
attorneys.
3. All appointments of deputies under the provisions of this section
must be in writing, and must, together with the oath of office of the
deputies, be [filed and recorded in a book provided for that purpose]
recorded in the office of the recorder of the county within which the
district attorney legally holds and exercises his office. Revocations of
those appointments must also be [filed and] recorded as provided in this
section. From the time of the [filing] recording of the appointments or
revocations therein, persons shall be deemed to have notice of the
appointments or revocations.
4. Deputy district attorneys of counties whose population is less than
100,000 may engage in the private practice of law. In any other county,
except as otherwise provided in NRS 7.065 and this subsection, deputy
district attorneys shall not engage in the private practice of law. An
attorney appointed to prosecute a person for a limited duration with
limited jurisdiction may engage in private practice which does not present
a conflict with his appointment.
5. Any district attorney may, subject to the approval of the board of
county commissioners, appoint such clerical, investigational and
operational staff as the execution of duties and the operation of his office
may require. The compensation of any person so appointed must be fixed
by the board of county commissioners.
6. In a county whose population is 400,000 or more, deputies are
governed by the merit personnel system of the county.
Sec. 35. NRS 253.025 is hereby amended to read as follows:
253.025 1. A public administrator may appoint as many deputies as
he deems necessary to perform fully the duties of his office. A deputy so
appointed may perform all duties required of the public administrator and
has the corresponding powers and responsibilities. Before entering upon
the discharge of his duties , each deputy must take and subscribe to the
constitutional oath of office.
2. Each appointment must be in writing and [filed,] recorded with the
oath of office of that deputy[, in a book provided for that purpose] in the
office of the county recorder. Any revocation or resignation of an
appointment must be [filed in the same book.] recorded in the office of
the county recorder.
3. The public administrator is responsible on his official bond for any
official malfeasance or nonfeasance of his deputies[. He] and may require
a bond for the faithful performance of the official duties of his deputies.
Sec. 36. NRS 255.110 is hereby amended to read as follows:
255.110 1. The county surveyor shall:
(a) Keep a correct and fair record of all surveys made by him in his
official capacity, or by his deputies acting in his stead, in the form of
original field notes in field books to be provided by the county for that
purpose.
(b) Number such surveys progressively.
(c) Make and preserve a fair and accurate record map of each survey,
drawn in waterproof ink on tracing cloth or produced by the use of other
materials of a permanent nature generally used for [such] that purpose in
the engineering profession, endorsing thereon its proper number and his
official certificate of survey.
(d) Obtain maps of mining claims, mill sites and tunnel rights [filed]
recorded with the county recorder and prepare a county mining claim map
which [shall] must accurately reflect the location of all such claims. A
county surveyor shall not refuse to accept a map submitted by the locator
of the mine, nor shall he prepare a map in lieu of one submitted by the
locator, unless he can affirmatively show that the map submitted does not
accurately reflect the location of all of the claims.
2. All records of surveys required by this chapter [shall] must be
transmitted by him to his successor in office.
3. Field notes and records maps [shall] must be available for [purposes
of copying the same] copying to any person requiring [the same.] a copy of
the field notes or records maps.
Sec. 37. NRS 14.010 is hereby amended to read as follows:
14.010 1. In an action for the foreclosure of a mortgage upon real
property, or affecting the title or possession of real property, the plaintiff,
at the time of filing the complaint, and the defendant, at the time of filing
his answer, if affirmative relief is claimed in the answer, shall [file] record
with the recorder of the county in which the property, or some part thereof,
is situated, a notice of the pendency of the action, containing the names of
the parties, the object of the action and a description of the property in that
county affected thereby, and the defendant shall also in the notice state the
nature and extent of the relief claimed in the answer.
2. A notice of an action affecting real property, which is pending in
any United States District Court for the District of Nevada may be
recorded and indexed in the same manner and in the same place as
provided with respect to actions pending in courts of this state.
3. From the time of [filing] recording only, except as otherwise
provided in NRS 14.017, the pendency of the action is constructive notice
to a purchaser or encumbrancer of the property affected thereby. In case of
the foreclosure of the mortgage, all purchasers or encumbrancers, by
unrecorded deed or other instrument in writing made before the [filing]
recording of the notice, and after the date of the mortgage, shall be
deemed purchasers or encumbrancers after the [filing] recording of the
notice, and subject thereto, unless NRS 14.017 is applicable or they can
show that , at the time of [filing] recording the notice , the plaintiff had
actual notice of the purchase or encumbrance.
Sec. 38. NRS 21.220 is hereby amended to read as follows:
21.220 1. If property be so redeemed by a redemptioner, another
redemptioner may, within 60 days after the last redemption, again redeem
it from the last redemptioner on paying the sum paid on such last
redemption with 2 percent thereon in addition, and the amount of any
assessments or taxes which the last redemptioner may have paid thereon
after the redemption by him, with interest on that amount, and in addition
the amount of any liens held by the last redemptioner prior to his own,
with interest , [;] but the judgment under which the property was sold need
not be so paid as a lien.
2. The property may be again, and as often as a redemptioner is so
disposed, redeemed from any previous redemptioner within 60 days after
the last redemption, on paying the sum paid on the last previous
redemption, with 2 percent thereon in addition, and the amounts of any
assessments or taxes which the last previous redemptioner paid after the
redemption by him, with interest thereon, and the amount of any liens,
other than the judgment under which the property was sold, held by the
last redemptioner previous to his own, with interest.
3. Written notice of redemption must be given to the sheriff and a
duplicate [filed] recorded with the recorder of the county , [;] and if any
taxes or assessments are paid by the redemptioner, or if he has or acquires
any lien other than that upon which the redemption was made, notice
thereof must in like manner be given to the sheriff and [filed] recorded
with the recorder[;] and , if the notice is not [filed,] recorded, the property
may be redeemed without paying the tax, assessment or lien.
4. If no redemption is made within 1 year after the sale, the purchaser,
or his assignee, is entitled to a conveyance[;] or, if so redeemed,
whenever 60 days have elapsed and no other redemption has been made
and notice thereof given, and the time for redemption has expired, the last
redemptioner, or his assignee, is entitled to a sheriff’s deed , [;] but in all
cases the judgment debtor has the entire period of 1 year [from] after the
date of the sale to redeem the property.
5. If the judgment debtor redeems, he must make the same payments
as are required to effect a redemption by a redemptioner. If the debtor
redeems, the effect of the sale is terminated, and he is restored to his
estate.
6. Upon a redemption by the debtor, the person to whom the payment
is made must execute and deliver to him a certificate of redemption,
acknowledged or approved before a person authorized to take
acknowledgments of conveyances of real property. The certificate must be
[filed and] recorded in the office of the recorder of the county in which the
property is situated.
Sec. 39. NRS 21.260 is hereby amended to read as follows:
21.260 1. If the purchaser of real property sold on execution, or his
successor in interest, or a redemptioner [be] is evicted therefrom [in
consequence] because of irregularities in the proceedings concerning the
sale or of the reversal or discharge of the judgment, he may recover the
price paid, with interest, from the judgment creditor.
2. If the purchaser of property at a sheriff’s sale, or his successor in
interest, [fail] fails to recover possession in consequence of irregularity in
the proceedings concerning the sale, or because the property sold was not
subject to execution and sale, the court having jurisdiction thereof shall, on
petition of such party in interest, or his attorney, revive the original
judgment for the amount paid by [such] the purchaser at the sale, with
interest thereon from the time of payment at the same rate that the original
judgment bore, and when so revived, the judgment [shall have] has the
same effect as an original judgment of the court of that date, and bearing
interest as aforesaid, and any other or after-acquired property, rents, issues
or profits of the debtor [shall be] is liable to levy and sale, under execution
in satisfaction of [such debt ; provided:
(a) That no] the debt if:
(a) No property of [such] the debtor bona fide sold upon the [filing of
such petition shall be] recording of the petition is subject to the lien of
[such] the judgment; and
(b) [That] The notice of the [filing of such petition shall be made by
filing] recording of the petition is made by recording a notice thereof in
the office of the recorder of the county where [such] the property is
situated, and that the judgment [shall] must be revived in the name of the
original plaintiff or plaintiffs, for the use of the petitioner, the party in
interest.
Sec. 40. NRS 31.060 is hereby amended to read as follows:
31.060 Subject to the requirements of NRS 31.045, the sheriff to
whom the writ is directed and delivered shall execute it without delay, and
if the undertaking mentioned in NRS 31.040 is not given, as follows:
1. Real property must be attached by leaving a copy of the writ with
the occupant of the property or, if there is no occupant, by posting a copy
in a conspicuous place on the property and [filing a copy,] recording the
writ together with a description of the property attached, with the recorder
of the county.
2. Personal property must be attached:
(a) By taking it into immediate custody, and, if directed by the plaintiff,
using the services of any company which operates a tow car, as defined in
NRS 706.131, or common motor carrier, as defined in NRS 706.036, to
transport it for storage in a warehouse or storage yard that is insured or
bonded in an amount not less than the full value of the property; or
(b) By placing a keeper in charge of a going business where the
property is located, with the plaintiff prepaying the expense of the keeper
to the sheriff, during which period, the defendant, by order of the court or
the consent of the plaintiff, may continue to operate in the ordinary course
of business at his own expense if all sales are for cash and the full
proceeds are paid to the keeper for the purpose of the attachment.
If the property is stored pursuant to paragraph (a), the property must be
segregated from other property and marked by signs or other appropriate
means indicating that it is in the custody of the sheriff.
3. Any mobile home, as defined in NRS 40.215, must be attached by:
(a) Posting a copy of the writ in a conspicuous place on the mobile
home;
(b) Taking it into immediate custody, subject to the provisions of
subsection 2; or
(c) Placing a keeper in charge of the mobile home for 2 days, with the
plaintiff prepaying the expense of the keeper to the sheriff:
(1) During which period, the defendant may continue to occupy the
mobile home; and
(2) After which period, the sheriff shall take the mobile home into his
immediate custody, subject to the provisions of subsection 2, unless other
disposition is made by the court or the parties to the action.
4. Debts and credits, due or to become due, and other personal
property in the possession or under the control of persons other than the
defendant must be attached by service of a writ of garnishment as
provided in NRS 31.240 to 31.460, inclusive.
Sec. 41. NRS 37.060 is hereby amended to read as follows:
37.060 1. All proceedings under this chapter [shall] must be brought
in the district court for the county in which the property or [some] a part
thereof is situated. The complaint in such cases must be verified, and the
party instituting any such proceedings shall [file] record with the recorder
of each county in which any of the property is situated a notice of the
pendency of the action.
2. From the time of such [filing] recording every purchaser or
encumbrancer whose conveyance or encumbrance is not then recorded or
docketed shall be deemed a subsequent purchaser or encumbrancer and
[shall be ] is bound by the proceedings to the same extent and in the same
manner as if he were a party therein. He may intervene in the manner
provided by NRS 37.080.
Sec. 42. NRS 39.040 is hereby amended to read as follows:
39.040 Immediately after [filing] recording the complaint, the plaintiff
shall [file] record with the recorder of the county in which the property is
situated, a notice of the pendency of the action, containing the names of
the parties so far as known, the object of the action[,] and a description of
the property to be affected thereby. From the time of the [filing] recording
of the notice, except as otherwise provided in NRS 14.017, it shall be
deemed notice to all persons.
Sec. 43. NRS 40.525 is hereby amended to read as follows:
40.525 1. [Whenever] If title or an interest in real or personal
property is affected by the death of any person, any other person who
claims any interest in the real or personal property, if his interest is
affected by the death of that person, or the State of Nevada, may file in the
district court of any county in which any part of the real or personal
property is situated a verified petition setting forth those facts and
particularly describing the real or personal property, the interest of the
petitioner and the interest of the deceased therein.
2. The clerk shall set the petition for hearing by the court. Notice of
hearing of the petition must be mailed, by certified mail, return receipt
requested, postage prepaid, to the heirs at law of the deceased person at
their places of business or residences, if known, and if not, by publication
for at least 3 successive weeks in such newspaper as the court orders. The
clerk shall send a copy of the notice of hearing or of the affidavit to the
welfare division of the department of human resources by certified mail,
return receipt requested, postage prepaid, if the state is not the petitioner,
at the time notice is mailed to the heirs at law or the notice is published.
Failure on the part of any such heir at law to contest the petition precludes
any such heir at law from thereafter contesting the validity of the joint
interest or its creation or termination.
3. The court shall take evidence for or against the petition, and may
render judgment thereon establishing the fact of the death and the
termination of the interest of the deceased in the real or personal property
described in the petition.
4. A certified copy of the decree may be recorded in the office of the
recorder of each county in which any part of the real or personal property
is situated.
5. As an alternative method of terminating the interest of the deceased
person, [whenever] if title or an interest in real or personal property held in
joint tenancy or as community property with right of survivorship is
affected by the death of a joint tenant or spouse, any person who has
knowledge of the facts may [file] record in the office of the county
recorder in the county where the property is situated an affidavit meeting
the requirements of NRS 111.365, accompanied by a certified copy of the
death certificate of the deceased person.
Sec. 44. NRS 41.250 is hereby amended to read as follows:
41.250 Any decree rendered under the provisions of NRS 41.210 to
41.260, inclusive, [shall be filed] must be recorded with the state health
officer and in the office of the county recorder of the county in which the
decree was rendered.
Sec. 45. NRS 68.040 is hereby amended to read as follows:
68.040 A judgment rendered in a justice’s court creates no lien upon
any lands of the defendant, unless an abstract is [filed] recorded in the
office of the county recorder of the county in which the lands are situated.
When so [filed,] recorded and from the time of [filing,] the recording, the
judgment becomes a lien upon all the real property of the judgment debtor,
not exempt from execution, in the county, owned by him at the time, or
which he acquires before the lien expires. The lien continues for 6 years,
unless the judgment is previously satisfied.
Sec. 46. NRS 78.085 is hereby amended to read as follows:
78.085 1. Every railroad company in this state shall, within 90 days
after its road is finally located:
(a) Cause to be made a map and profile thereof, and of the land taken
and obtained for the use thereof, and the boundaries of the several counties
through which the road may run;
(b) File the [same] map and profile thereof in the office of the secretary
of state and a duplicate thereof with the public utilities commission of
Nevada; and
(c) Cause to be made like maps of the parts thereof located in different
counties, and [file the same] record such maps in the office of the
recorder of the county in which [such] those parts of the road are located.
2. The maps and profiles must be certified by the chief engineer, the
acting president[,] and secretary of [such] the company , and copies of the
[same,] maps and profiles so certified and [filed] recorded as required by
subsection 1[,] must be kept in the office of the company, subject to
examination by all interested persons.
Sec. 47. NRS 84.080 is hereby amended to read as follows:
84.080 1. In the event of the death or resignation of any such
archbishop, bishop, president, trustee in trust, president of stake, president
of congregation, overseer, presiding elder, district superintendent, or other
presiding officer[,] or clergyman, or of his removal from such office by
the person or body having the authority to remove him when [such] the
person is at the time a corporation sole, his successor in office, as such
corporation sole, [shall be] is vested with the title to [any and] all property
held by his predecessor, as such corporation sole, with like power and
authority over the [same,] property and is subject to all the legal liabilities
and obligations with reference thereto.
2. [Such] The successor shall [file] record in the office of the county
recorder of each county wherein any of the real property is situated a
certified copy of his commission, certificate or letter of election or
appointment.
Sec. 48. NRS 107.090 is hereby amended to read as follows:
107.090 1. As used in this section, “person with an interest” means
any person who has or claims any right, title or interest in, or lien or
charge upon, the real property described in the deed of trust, as evidenced
by any document or instrument [filed or] recorded in the office of the
county recorder of the county in which any part of the real property is
situated.
2. A person with an interest or any other person who is or may be held
liable for any debt secured by a lien on the property desiring a copy of a
notice of default or notice of sale under a deed of trust with power of sale
upon real property may at any time after recordation of the deed of trust
[file] record in the office of the county recorder of the county in which any
part of the real property is situated an acknowledged request for a copy of
the notice of default or of sale. The request must state the name and
address of the person requesting copies of the notices and identify the deed
of trust by stating the names of the parties thereto, the date of recordation ,
and the book and page where it is recorded.
3. The trustee or person authorized to record the notice of default shall,
within 10 days after the notice of default is recorded and mailed pursuant
to NRS 107.080, cause to be deposited in the United States mail an
envelope, registered or certified, return receipt requested and with postage
prepaid, containing a copy of the notice, addressed to:
(a) Each person who has [filed] recorded a request for a copy of the
notice; and
(b) Each other person with an interest whose interest or claimed interest
is subordinate to the deed of trust.
4. The trustee or person authorized to make the sale shall, at least 20
days before the date of sale, cause to be deposited in the United States
mail an envelope, registered or certified, return receipt requested and with
postage prepaid, containing a copy of the notice of time and place of sale,
addressed to each person described in subsection 3.
5. No request [filed] recorded pursuant to the provisions of subsection
2 affects the title to real property.
Sec. 49. NRS 108.234 is hereby amended to read as follows:
108.234 Every building or other improvement mentioned in NRS
108.222, constructed upon any lands with the knowledge of the owner or
the person having or claiming any interest therein, shall be held to have
been constructed at the instance of [such] the owner or person having or
claiming any interest therein, and the interest owned or claimed [shall be]
is subject to any lien recorded in accordance with the provisions of NRS
108.221 to 108.246, inclusive, unless [such] the owner or person having or
claiming an interest therein shall, within 3 days after he has obtained
knowledge of the construction, alteration or repair, or the intended
construction, alteration or repair, give notice that he will not be
responsible for [such] the improvement by [filing] recording a notice in
writing to that effect with the county recorder of the county where the land
or building is situated[;] and, in the instance of:
1. A lessor, the notice of lien nonresponsibility shall be deemed timely
[filed] recorded if the [same has been filed] notice is recorded within 3
days immediately following the execution of the lease by all parties as to
that construction, alteration or repair, or intended construction, alteration
or repair, known to the lessor at the time of the execution of the lease by
all parties.
2. An optionor, the notice of lien nonresponsibility shall be deemed
timely [filed] recorded if the [same has been filed] notice is recorded
within 3 days immediately following the execution of the agreement
permitting entry upon the real property by all parties as to that
construction, alteration, repair, or intended construction, alteration, repair
or other work known to the optionor at the time of the execution of the
agreement by all parties.
Sec. 50. NRS 108.550 is hereby amended to read as follows:
108.550 1. The lien provided for in NRS 108.540 may be foreclosed
in the following manner:
(a) A notice must be posted for a period of 10 days in three public and
conspicuous places in the county where the animals are being fed,
pastured or boarded, which notice must also be published in one issue of a
newspaper of general circulation in the county.
(b) The notice must:
(1) Specify the nature and amount of the lien.
(2) Specify that it is the intention of the lienholder to foreclose the
[same] animal or animals by sale.
(3) Specify a description of the animal or animals.
(4) Specify the name and last known address of the owner or
purported owner of the animal or animals.
(5) State that unless the amount of the lien is paid on or before a
specified date, the animal or animals, or so many thereof as may be
necessary, will be sold at public auction at the place and on the day and
hour specified in the notice.
(6) Be signed and dated by the lienholder.
(c) The lienholder shall specify a day for the purposes of the demand in
subparagraph (5) of paragraph (b). The day specified must not be less
than 10 nor more than 15 days after the date of the publication of the
notice.
(d) A true copy of the demand and notice must be mailed by registered
or certified letter and at the time of publication to the last known address
of the holder of every lien appearing of record in the county.
2. The sale provided for in this section may be conducted by the
person furnishing the feed, pasture or board, or by any other person who
may be designated by the lienholder. Only such number of animals will be
sold as may be necessary to discharge the lien and pay the cost of the
publication of notice, plus the sum of $5 to be allowed to the person
making the sale. No sale may be made except when the animals to be sold
are corralled and have been viewed by the bidders. Any expense incidental
to rounding up or bringing the animal or animals to the place of sale is also
a proper and an additional charge against the owner. The lienholder may
be a bidder at the sale. From the proceeds of the sale , the lienholder shall
satisfy his lien, including the additional charges mentioned in this
subsection, delivering over the balance, if any, to the owner. If the owner
is out of the state or cannot be found, the balance must be deposited with
the county treasurer of the county in which the sale was conducted.
3. If the balance is not called for by the owner within 6 months [from]
after the date of sale, the balance must be paid into the county school
district fund.
4. The highest bidder at the sale shall immediately pay the amount bid
in cash and receive title to the animals sold, subject only to any prior lien
appearing of record in the county , [;] but before title vests in the
successful bidder there must be [filed] recorded with the recorder of the
county in which the sale was held a certificate executed by the person
conducting the sale, to which must be attached the publisher’s proof of
publication of the notice of sale to foreclose the lien. The certificate must
specify:
(a) The name and address of the buyer.
(b) That the buyer was the highest bidder.
(c) The amount bid and paid.
(d) The kind, color, size, weight, brand, if any, and earmarks, if any, of
the animal or animals sold.
5. No person requesting or consenting to the furnishing of feed,
pasture or board is entitled to assert a lien prior to that provided for in this
section.
6. This section is intended to supplement existing law and the remedy
provided in this section is not exclusive. This section does not deprive the
lienholder from resorting to any other legal remedy.
Sec. 51. NRS 108.560 is hereby amended to read as follows:
108.560 1. [Whenever] If the bill or claim for pasturage or feed for
livestock [shall] in the judgment of the person [or persons] furnishing the
pasturage or feed [equal] equals the value of the livestock pastured or fed,
and the owner [or owners] of the livestock [shall have] has failed or
neglected to pay for the pasturage or feed, the person [or persons]
furnishing the pasturage or feed may have the livestock appraised by three
competent and disinterested freeholders. If the appraisement does not
exceed by 10 percent the amount of the unpaid pasturage or feed bill, upon
the [filing] recording of the appraisement with the county recorder of the
county in which the livestock is situated, the title to the livestock [shall
vest] vests in the person [or persons furnishing such] furnishing the
pasturage or feed and he [or they shall have the right to] may sell the
livestock, subject to the right of redemption mentioned in subsection 2.
2. At any time within 1 year after the [filing] recording of the
appraisement, the original owner [or owners] of the livestock [shall have
the right to] may redeem the livestock from the possessor thereof by
paying or tendering as payment to the possessor the amount of the
appraisement together with 25 percent of the appraisement additional as
damages. [Should] If payment or tender [not be] is not made by the
original owner within 1 year after the [filing] recording of the
appraisement , the title of the possessor of the livestock [shall become] is
absolute.
Sec. 52. NRS 108.610 is hereby amended to read as follows:
108.610 In order to perfect the lien, the hospital or the owner or
operator thereof shall:
1. [Prior to] Before the payment of any [moneys] money to the injured
person or to his legal representative as compensation for injuries received,
[file] record a notice of lien, substantially in the form prescribed in NRS
108.620, containing an itemized statement of the amount claimed. The
notice of lien [shall] must be filed with:
(a) The county recorder of the county wherein the hospital is located;
and
(b) The county recorder of the county wherein the injury was suffered,
if the injury was suffered in a county other than that wherein the hospital
is located.
2. [Prior to] Before the date of judgment, settlement or compromise,
serve a certified copy of the notice of lien by registered or certified mail
upon the person[, firm or corporation] alleged to be responsible for
causing the injury and [alleged to be] liable for damages on account
thereof and from which damages are claimed.
3. [Prior to] Before the date of judgment, settlement or compromise,
serve a certified copy of the notice of lien by registered or certified mail
upon the insurance carrier, if known, which has insured against liability of
the person[, firm or corporation] alleged to be responsible for causing the
injury and [alleged to be] liable for damages on account thereof and from
which damages are claimed.
Sec. 53. NRS 111.312 is hereby amended to read as follows:
111.312 1. The county recorder shall not record with respect to real
property, a notice of completion, a declaration of homestead, a lien or
notice of lien, an affidavit of death, a mortgage or deed of trust, or any
conveyance of real property or instrument in writing setting forth an
agreement to convey real property unless the document being recorded
contains:
(a) The mailing address of the grantee or, if there is no grantee, the
mailing address of the person who is requesting the recording of the
document; and
(b) The assessor’s parcel number of the property at the top left corner
of the first page of the document, if the county assessor has assigned a
parcel number to the property. The county recorder is not required to
verify that the assessor’s parcel number is correct.
2. The county recorder shall not record with respect to real property
any conveyance of real property or instrument in writing setting forth an
agreement to convey real property unless the document being recorded
contains the name and address of the person to whom a statement of the
taxes assessed on the real property is to be mailed.
3. The assessor’s parcel number shall not be deemed to be a complete
legal description of the real property conveyed.
[3.] 4. Except as otherwise provided in subsection [4,] 5, if a
document that is being recorded includes a legal description of real
property that is provided in metes and bounds, the document must include
the name and mailing address of the person who prepared the legal
description. The county recorder is not required to verify the accuracy of
the name and mailing address of such a person.
[4.] 5. If a document described in subsection [3] 4 previously has been
recorded, the document must include all information necessary to identify
and locate the previous recording, but the name and mailing address of the
person who prepared the legal description is not required for the document
to be recorded. The county recorder is not required to verify the accuracy
of the information concerning the previous recording.
Sec. 54. NRS 122.160 is hereby amended to read as follows:
122.160 1. Marriages between Indians performed in accordance with
tribal customs within closed Indian reservations and Indian colonies have
the same validity as marriages performed in any other manner provided for
by the laws of this state, if there is [filed] recorded in the county in which
the marriage takes place, within 30 days after the performance of the tribal
marriage, a certificate declaring the marriage to have been performed.
2. The certificate of declaration required to be [filed] recorded by
subsection 1 must include the names of the persons married, their ages,
social security numbers, tribe, and place and date of marriage. The
certificate must be signed by an official of the tribe, reservation or colony.
3. The certificate must be [filed] recorded with the recorder of the
county in which the marriage was performed and recorded by him without
charge.
Sec. 55. NRS 123.150 is hereby amended to read as follows:
123.150 1. [When] If a married person is a resident of this state, the
[filing for record] recording of the inventory of [such] the person’s
separate property in the office of the recorder of the county in which
[such] the person resides is notice of [such] the person’s title to the
[same,] separate property, except as to any real property situate in another
county , [;] and as to [such] that real property, the filing for record of the
inventory thereof in the office of the recorder of the county where the
same is situate, is notice of [such] the person’s title thereto.
2. [When] If a married person is not a resident of this state, the [filing
for record] recording of the inventory of [such] the person’s separate
property in the office of the recorder of the county where any portion of
[such] the property, real or personal, included in the inventory is situate,
located or used, is notice of [such] the person’s title as to all [such] that
property situate, located or used in [such] that county.
Sec. 56. NRS 125.220 is hereby amended to read as follows:
125.220 1. At any time after the filing of the complaint , the
complaining spouse may [file] record a notice of pendency of the action in
the office of the county recorder of any county in which the other spouse
may have real property. [This] The notice has the same effect as notice in
actions directly affecting real property.
2. The court may [also] enjoin either spouse from disposing of any
property during the pendency of the action.
Sec. 57. NRS 234.250 is hereby amended to read as follows:
234.250 1. In addition to any other requirement of law, each local
government, as defined in NRS 354.474, shall [file a copy of its] record
the original official plat with:
(a) The county recorder, the county clerk or the registrar of voters, and
the county assessor of each county in which its territory or any part thereof
is situated.
(b) The department of taxation.
2. All changes in boundaries made [subsequent to] after the original
[filing and] recording of such plat [shall] must be recorded [and filed]
immediately with the offices with which copies of the original plat were
filed.
3. Until a local government complies with the requirements of
subsections 1 and 2 , it shall not levy or receive any ad valorem or other
tax or any other mandatory assessment.
4. This section applies to all local governments receiving and
expending funds on behalf of the public, regardless of their designation.
Sec. 58. NRS 266.285 is hereby amended to read as follows:
266.285 The city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to
be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the
provision of [such] the utility.
3. Fix the rate to be paid for any utility provided by public enterprise.
Any charges due for services, facilities or commodities furnished by any
utility owned by the city is a lien upon the property to which the service is
rendered and [shall] must be perfected by [filing] recording with the
county recorder a statement by the city clerk of the amount due and unpaid
and describing the property subject to the lien. Each such lien [shall:
(a) Be] :
(a) Is coequal with the latest lien thereon to secure the payment of
general taxes.
(b) [Not be] Is not subject to extinguishment by the sale of any property
[on account] because of the nonpayment of general taxes.
(c) [Be] Is prior and superior to all liens, claims, encumbrances and
titles other than the liens of assessments and general taxes.
Sec. 59. NRS 266.335 is hereby amended to read as follows:
266.335 The city council may:
1. Except as otherwise provided in subsection 3 of NRS 40.140 and
subsection 5 of NRS 202.450, determine by ordinance what shall be
deemed nuisances.
2. Provide for the abatement, prevention and removal of [such] the
nuisances at the expense of the person creating, causing or committing
[such] the nuisances.
3. Provide that [such] the expense of removal is a lien upon the
property upon which the nuisance is located. [Such] The lien must:
(a) Be perfected by [filing] recording with the county recorder a
statement by the city clerk of the amount of expenses due and unpaid and
describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of
general taxes.
(c) Not be subject to extinguishment by the sale of any property [on
account] because of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles
other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for
[such] the nuisances.
Sec. 60. NRS 270.090 is hereby amended to read as follows:
270.090 1. The findings of fact and conclusions of law and judgment
must be made and entered as in other cases, and exceptions, motions for
new trial and appeals may be had as provided in NRS and the Nevada
Rules of Appellate Procedure.
2. The court or judge thereof shall in the findings and decree establish
a definite map or plat of the city , or part thereof or addition thereto, in
accordance with the pleadings and proof, and shall, by reference, make a
part of the findings and judgment the map or plat so established.
3. Wherever blocks or parts of blocks in the original lost, destroyed,
conflicting, erroneous or faulty maps or plats have been insufficiently or
incorrectly platted, numbered or lettered, the omission, insufficiency or
fault must be supplied and corrected in accordance with the pleadings and
proof.
4. If the map or plat prepared by the surveyor is inadequate or
impracticable of use for the judgment, the judgment or decree may require
the making of a new map or plat in accordance with the provisions of the
findings and judgment.
5. A certified copy of the judgment, together with [such] the map or
plat as is established by the court, must be [filed] recorded in the office of
the county recorder of the county in which the action is tried. All the ties
and descriptions of section or quarter section corners, monuments or
marks required by NRS 270.020 must appear on the map finally
established by the judgment. The county recorder may collect and receive
as his fees for recording and indexing the certified copy of the judgment
and map, $10 for the map, and the specific statutory fees for the judgment,
but not exceeding $50.
6. The judgment may require that all prior existing maps in conflict
with the map or plat adopted be so marked or identified by the county
recorder to show the substitution of the new map or plat in place thereof.
7. A county recorder who records a map or plat pursuant to this section
shall, within 7 working days after he records the map or plat, provide to
the county assessor at no charge:
(a) A duplicate copy of the map or plat and any supporting documents;
or
(b) Access to the digital map or plat and any digital supporting
documents.
Sec. 61. NRS 271.325 is hereby amended to read as follows:
271.325 1. When an accurate estimate of cost, full and detailed plans
and specifications and map are prepared, are presented and are satisfactory
to the governing body, it shall, by resolution, make a determination that:
(a) Public convenience and necessity require the creation of the district;
and
(b) The creation of the district is economically sound and feasible.
This determination may be made part of the ordinance creating the district
adopted pursuant to subsection 2 and is conclusive in the absence of fraud
or gross abuse of discretion.
2. The governing body may, by ordinance, create the district and order
the proposed project to be acquired or improved. This ordinance may be
adopted and amended as if an emergency existed.
3. The ordinance must prescribe:
(a) The extent of the improvement district to be assessed, by boundaries
or other brief description, and similarly of each assessment unit therein, if
any.
(b) The kind and location of each project proposed, without mentioning
minor details.
(c) The amount or proportion of the total cost to be defrayed by
assessments, the method of levying assessments, the number of
installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
4. The engineer may further revise the cost, plans and specifications
and map from time to time for all or any part of any project, and the
ordinance may be appropriately amended before letting any construction
contract therefor and before any work being done other than by
independent contract let by the municipality.
5. The ordinance, [as amended] if amended, must order the work to be
done as provided in this chapter.
6. Upon adoption or amendment of the ordinance, the governing body
shall cause to be [filed] recorded in the office of the county recorder a
certified copy of a list of the tracts to be assessed and the amount of
maximum benefits estimated to be assessed against each tract in the
assessment area, as shown on the assessment plat as revised and approved
by the governing body pursuant to NRS 271.320. Neither the failure to
record the list as provided in this subsection nor any defect or omission in
the list regarding any parcel or parcels to be included within the district
affects the validity of any assessment, the lien for the payment thereof or
the priority of that lien.
7. The governing body may not adopt an ordinance creating or
modifying the boundaries of an improvement district for a commercial
area vitalization project if the boundaries of the improvement district
overlap an existing improvement district created for a commercial area
vitalization project.
Sec. 62. NRS 274.200 is hereby amended to read as follows:
274.200 1. Approval of designated specially benefited zones must be
made by the governor by certification of the designating ordinance. The
governor shall promptly issue a certificate for each specially benefited
zone upon his approval. The certificate must be signed by the governor,
must make specific reference to the designating ordinance, which must be
attached thereto, and must be filed in the office of the secretary of state. A
certified copy of the certificate[, or a duplicate original thereof,] must be
[filed] recorded with the county recorder of the county in which the
specially benefited zone lies.
2. A specially benefited zone is effective upon its certification. The
administrator shall transmit a copy of the certification to the department of
taxation, the employment security division of the department of
employment, training and rehabilitation and to the designating
municipality. The terms and provisions of the designating ordinance
become effective upon certification of the specially benefited zone, and
may not be amended or repealed except as otherwise provided in NRS
274.280.
3. Except as otherwise provided in NRS 274.280, the designating
ordinance and the certification remain in effect for 20 years, or for a lesser
number of years specified in the ordinance, and terminate at midnight of
December 31 of the final year of the certified term.
4. No more than eight specially benefited zones may be approved by
the governor in any year. In any year, the governor may not approve more
than three zones located within the same county, whether within its cities
or within the unincorporated areas, nor more than three zones in the same
city. The governor may approve specially benefited zones in each of the 6
years commencing with 1984. Thereafter, the governor may not approve
any additional specially benefited zones, but may amend or rescind
certifications of existing zones as provided in NRS 274.280.
Sec. 63. NRS 277.140 is hereby amended to read as follows:
277.140 As conditions precedent to the entry into force of any
agreement made pursuant to NRS 277.080 to 277.170, inclusive:
1. [Such agreement shall] The agreement must be submitted to the
attorney general, who shall determine whether it is in proper form and
compatible with the laws of this state. The attorney general shall set forth
in detail in writing addressed to the governing bodies of the public
agencies concerned any specific respects in which he finds that the
proposed agreement fails to [meet] comply with the requirements of law.
Failure to disapprove an agreement submitted under the provisions of this
section within 30 days after its submission [shall constitute] constitutes
approval.
2. [Such agreement shall be filed] The agreement must be recorded
with the county recorder of each county in which a participating political
subdivision of this state is located, and filed with the secretary of state.
Sec. 64. NRS 278.0203 is hereby amended to read as follows:
278.0203 1. The governing body may, if it finds that the provisions
of the agreement are consistent with the master plan, approve the
agreement by ordinance.
2. Within a reasonable time after approval of the agreement, the clerk
of the governing body shall cause the original agreement to be [filed]
recorded with the county recorder or the recorder of Carson City . [for
recording.] Upon recordation the agreement binds all parties and their
successors in interest for the duration of the agreement.
Sec. 65. NRS 278.378 is hereby amended to read as follows:
278.378 1. A final map presented to the county recorder for [filing]
recording must include a certificate by the clerk of the governing body or
planning commission, or the director of planning or other authorized
person or agency if authorized to take final action by the governing body,
stating that the governing body, planning commission, director of planning
or other authorized person or agency:
(a) Approved the map;
(b) Accepted or rejected on behalf of the public any parcel of land
offered for dedication for public use in conformity with the terms of the
offer of dedication; and
(c) If applicable, determined that a public street, easement or utility
easement that will not remain in effect after a merger and resubdivision of
parcels conducted pursuant to NRS 278.4925, has been vacated or
abandoned in accordance with NRS 278.480.
2. The director of planning or, if there is no director of planning, the
clerk of the governing body shall certify on the final map that it
substantially complies with the tentative map and all conditions have been
met.
3. The clerk of the governing body or planning commission shall cause
the approved final map to be presented to the county recorder for [filing.]
recording.
Sec. 66. NRS 278.460 is hereby amended to read as follows:
278.460 1. A county recorder shall not [file for] record any final map
unless the map:
(a) Contains or is accompanied by the report of a title company and all
the certificates of approval, conveyance and consent required by the
provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of
any local ordinance; and
(b) Is accompanied by a written statement signed by the treasurer of the
county in which the land to be divided is located indicating that all
property taxes on the land for the fiscal year have been paid and that the
full amount of any deferred property taxes for the conversion of the
property from agricultural use has been paid pursuant to NRS 361A.265.
2. [Nothing contained in] The provisions of NRS 278.010 to 278.630,
inclusive, [prevents] do not prevent the recording, pursuant to the
provisions of NRS 278.010 to 278.630, inclusive, and any applicable local
ordinances, of a map of any land which is not a subdivision, nor do NRS
278.010 to 278.630, inclusive, prohibit the [filing] recording of a map in
accordance with the provisions of any statute requiring the [filing]
recording of professional land surveyor’s records of surveys.
3. A county recorder shall accept or refuse a final map for recordation
within 10 days after its delivery to him.
4. A county recorder who records a final map pursuant to this section
shall, within 7 working days after he records the final map, provide to the
county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting
documents.
Sec. 67. NRS 279.603 is hereby amended to read as follows:
279.603 1. The legislative body shall [file] record with the county
recorder of the county in which the redevelopment area is situated a
description of the land within the redevelopment area and a statement that
proceedings for the redevelopment of that area have been instituted.
2. Within 30 days after the adoption by the legislative body of a
redevelopment plan which contains a provision for the division of taxes
pursuant to NRS 279.676, the clerk of the community shall transmit a
copy of the description and statement recorded pursuant to subsection 1, a
copy of the ordinance adopting the plan and a map or plat indicating the
boundaries of the redevelopment area to:
(a) The auditor and tax assessor of the county in which the
redevelopment area is located;
(b) The officer who performs the functions of auditor or assessor for
any taxing agency which, in levying or collecting its taxes, does not use
the county assessment roll or [does not] collect its taxes through the
county; and
(c) The governing body of each of the taxing agencies which levies
taxes upon any property in the redevelopment area.
Sec. 68. (Deleted by amendment.)
Sec. 69. NRS 309.060 is hereby amended to read as follows:
309.060 The board of county commissioners shall meet on the second
Monday succeeding the election provided for in NRS 309.050 and proceed
to canvass the votes and, if upon the canvass it appears that a majority of
votes cast were for “Local Improvement District-Yes,” the board, by an
order entered upon its minutes, shall declare the territory organized as an
improvement district under the name and style theretofore designated, and
[shall] declare the persons receiving respectively the highest number of
votes for directors to be elected, and [shall] cause a copy of the order and a
plat of the district, each certified by the clerk of the board of county
commissioners, to be [filed immediately for record] recorded immediately
in the office of the county recorder of each county in which any portion of
the district is situated, and certified copies thereof must also be [filed]
recorded with the county clerks of those counties. Thereafter the
organization of the district is complete.
Sec. 70. NRS 309.220 is hereby amended to read as follows:
309.220 1. Upon the hearing of such petition, the court shall examine
all the proceedings sought to be confirmed and may ratify, approve and
confirm the [same] petition or any part thereof , [;] and when an
apportionment of benefits is examined , all objections thereto, including
those made at the hearing before the board, [shall] must be set up in the
answer and heard by the court.
2. The court shall disregard every error, irregularity or omission which
does not affect substantial rights of any party, and if the court [shall find]
finds that the apportionment is, as to any substantial matter, erroneous or
unjust, the [same shall] apportionment must not be returned to the board,
but the court shall proceed to correct the [same] apportionment so as to
conform to this chapter and the rights of all parties in the premises, and the
final judgment may approve and confirm [such] the proceedings in whole
or in part.
3. A certified copy of the final judgment [shall] must be filed in the
office of the state engineer and recorded in the office of the recorder of the
county or counties in which any of the lands within the district are
situated. In case of the approval of the organization of the district and the
disapproval of the proceedings for issuing bonds, the district may again
undertake proceedings for the issuance of bonds and have the [same]
bonds confirmed as [herein provided.] provided in this section.
4. The cost of the proceedings in court may be allowed and
apportioned among the parties thereto in the discretion of the court.
5. Any person aggrieved at any decree of confirmation entered by the
district court [shall have the right to] may move for a new trial as [now]
provided by the Nevada Rules of Civil Procedure and may, within 30 days
[from] after the entry of [such] the decree of confirmation, appeal to the
supreme court , and all proceedings in the nature of appeals or rehearings
may be had as in any ordinary civil action, except as [herein expressly
provided otherwise.] otherwise provided in this section.
Sec. 71. NRS 329.140 is hereby amended to read as follows:
329.140 Except as otherwise provided in NRS 329.145, a surveyor
shall complete, sign and [file] record or cause to be [filed] recorded with
the county recorder of the county in which the corner is situated a written
record of the establishment or restoration of a public land survey corner.
Except as otherwise provided in NRS 329.145, such a [filing] recording
must be made for every public land survey corner and accessory to [such]
the corner which is established, reestablished, monumented,
remonumented, restored, rehabilitated, perpetuated or used as control in
any survey. The survey information must be [filed] recorded within 90
days after the survey is completed.
Sec. 72. NRS 108.630, 247.307 and 247.350 are hereby repealed.
Sec. 73. 1. This section and sections 1 to 11, inclusive, 13 to 19,
inclusive, 21 to 52, inclusive, 54 to 59, inclusive, 61 to 65, inclusive, 67
and 69 to 72, inclusive, of this act become effective on July 1, 2001.
2. Sections 20, 53, 60 and 66 of this act become effective at 12:01 a.m.
on July 1, 2001.
3. Section 12 of this act becomes effective on July 1, 2003.
20~~~~~01