Assembly Bill No. 56–Assemblyman Neighbors

 

CHAPTER..........

 

AN ACT relating to counties; authorizing counties to transfer or sell real property obtained from the Federal Government to certain persons without offering the property to the public under certain circumstances; establishing a price for the sale of such property under certain circumstances; requiring a county to collect certain amounts from a person before selling or transferring the property to that person; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 244 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  A board of county commissioners may transfer real property

 which was acquired by the county directly from the Federal Government

 to a person without complying with the provisions of NRS 244.281 if the

 board of county commissioners determines that:

   (a) The property is part of an original mining townsite;

   (b) The person and his predecessors in interest, if any, have

 continuously claimed, possessed and occupied such property for at least

 the 25 years immediately preceding the date of the transfer;

   (c) The person’s claim of right to possession of the property is based

 upon a written instrument issued to him or his predecessors in interest

 by a person who claimed a right to possess the property; and

   (d) The person or his predecessors in interest have paid all taxes that

 have been assessed against the property for the period during which the

 person and his predecessors in interest have claimed, possessed and

 occupied the property.

   2.  The board of county commissioners may sell real property which

 was acquired by the county directly from the Federal Government to a

 person without complying with the provisions of NRS 244.281 if the

 board of county commissioners determines that the requirements set

 forth in paragraphs (a) and (b) of subsection 1 apply to the property. To

 establish a price for a sale pursuant to this subsection, a board of county

 commissioners shall obtain an appraisal of the property from a person

 who is certified to appraise real estate pursuant to chapter 645C of NRS.

 The price of property sold pursuant to this subsection must be equal to

 the sum of the appraised value of the property plus the greater of:

   (a) One hundred dollars; or

   (b) The balance of the state, county and municipal taxes that are due

 and owing on the land for the 5 years immediately preceding the date of

 the sale.

   3.  For purposes of this section, a person shall be deemed to have

 continuously possessed and occupied real property if during the time the

 person claims that he and his predecessors in interest, if any, have

 possessed and occupied the real property, the real property has been:

   (a) Usually inhabited, cultivated or improved by the person or his

 predecessors in interest;

   (b) Protected by a substantial enclosure erected by the person or his

 predecessors in interest; or

   (c) Used by the person or his predecessors in interest for the

production of fuel, timber, ore or minerals, for husbandry or pasturage

 or for any other habitual use that the board of county commissioners

 determines to be indicative of possession and occupancy.

   4.  Before submitting documents to the county recorder to record a

 transfer or sale of property to a person pursuant to this section, the

 board of county commissioners shall:

   (a) Charge and collect from the person to whom the real property is

 being transferred or sold a payment in an amount equal to the sum of:

     (1) If applicable, the sales price determined pursuant to subsection

 2; and

     (2) The total cost to the county of:

        (I) Acquiring the property from the Federal Government; and

        (II) Conveying the property to the person; and

   (b) Submit the money collected pursuant to this section to the county

 treasurer.

   5.  As used in this section, “original mining townsite” means real

 property owned by the Federal Government upon which improvements

 were made:

   (a) Because a mining operation was located near the property; and

   (b) Based upon the belief that:

     (1) The property had been or would be acquired from the Federal

 Government by the entity that operated the mine; or

     (2) The person who made the improvement had a valid claim for

 acquiring the property from the Federal Government.

   Sec. 2.  NRS 244.281 is hereby amended to read as follows:

   244.281  Except as otherwise provided in NRS 244.279 and 244.288[:]

 and section 1 of this act:

   1.  When a board of county commissioners has determined by

 resolution that the sale or exchange of any real property owned by the

 county will be for purposes other than to realign, change, vacate or

 otherwise adjust any street, alley, avenue or other thoroughfare, or portion

 thereof, within the county and will be in the best interest of the county, it

 may:

   (a) Sell the property at public auction, in the manner prescribed for the

 sale of real property in NRS 244.282.

   (b) Sell the property through a licensed real estate broker, or if there is

 no real estate broker resident of the county, the board of county

 commissioners may negotiate the sale of the property. No exclusive listing

 may be given. In all listings, the board of county commissioners shall

 specify the minimum price, the terms of sale and the commission to be

 allowed, which must not exceed the normal commissions prevailing in the

 community at the time.

   (c) Exchange the property for other real property of substantially equal

 value, or for other real property plus an amount of money equal to the

 difference in value, if it has also determined by resolution that the

 acquisition of the other real property will be in the best interest of the

 county.

   2.  Before the board of county commissioners may sell or exchange any

 real property as provided in paragraphs (b) and (c) of subsection 1, it shall

publish a notice of its intention to sell or exchange once a week for 3

weeks in a newspaper qualified under chapter 238 of NRS. In case of:

   (a) A sale, the notice must state the name of the licensed real estate

 broker handling the sale and invite interested persons to negotiate with

 him.

   (b) An exchange, the notice must call for offers of cash or exchange.

 The commission shall accept the highest and best offer.

   3.  If the board of county commissioners by its resolution further finds

 that the property to be sold is worth more than $1,000, the board shall

 appoint one or more disinterested, competent real estate appraisers to

 appraise the property, and, except for property acquired pursuant to NRS

 371.047, shall not sell or exchange it for less than the appraised value.

   4.  If the property is appraised at $1,000 or more, the board of county

 commissioners may sell it either for cash or for not less than 25 percent

 cash down and upon deferred payments over a period of not more than 10

 years, secured by a mortgage or deed of trust, bearing such interest and

 upon such further terms as the board of county commissioners may

 specify.

   Sec. 3.  NRS 371.047 is hereby amended to read as follows:

   371.047  1.  A county may use the proceeds of the tax imposed

 pursuant to NRS 371.045, or of bonds, notes or other obligations incurred

 to which the proceeds of those taxes are pledged to finance a project

 related to the construction of a highway with limited access, to:

   (a) Purchase residential real property which shares a boundary with a

 highway with limited access or a project related to the construction of a

 highway with limited access, and which is adversely affected by the

 highway. Not more than 1 percent of the proceeds of the tax or of any

 bonds to which the proceeds of the tax are pledged may be used for this

 purpose.

   (b) Pay for the cost of moving persons whose primary residences are

 condemned for a right of way for a highway with limited access and who

 qualify for such payments. The board of county commissioners shall, by

 ordinance, establish the qualifications for receiving payments for the cost

 of moving pursuant to this paragraph.

   2.  A county may, in accordance with NRS 244.265 to 244.296,

 inclusive, and section 1 of this act, dispose of any residential real property

 purchased pursuant to this section, and may reserve and except easements,

 rights or interests related thereto, including, but not limited to:

   (a) Abutter’s rights of light, view or air.

   (b) Easements of access to and from abutting land.

   (c) Covenants prohibiting the use of signs, structures or devices

 advertising activities not conducted, services not rendered or goods not

 produced or available on the real property.

   3.  Proceeds from the sale or lease of residential real property acquired

 pursuant to this section must be used for the purposes set forth in this

 section and in NRS 371.045.

   4.  For the purposes of this section, residential real property is

 adversely affected by a highway with limited access if the construction or

 proposed use of the highway:

   (a) Constitutes a taking of all or any part of the property, or interest

 therein;

   (b) Lowers the value of the property; or

   (c) Constitutes a nuisance.

   5.  As used in this section:

   (a) “Highway with limited access” means a divided highway for

 through traffic with full control of access and with grade separations at

 intersections.

   (b) “Primary residence” means a dwelling, whether owned or rented by

 the occupant, which is the sole principal place of residence of that

 occupant.

   (c) “Residential real property” means a lot or parcel of not more than

 1.5 acres upon which a single-family or multifamily dwelling is located.

   Sec. 4.  This act becomes effective upon passage and approval..

 

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