Assembly Bill No. 647–Committee on Transportation

 

(On Behalf of Clark  County)

 

March 26, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Authorizes municipality to sell, lease or exchange public land under certain circumstances. (BDR 44‑177)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

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

 

AN ACT relating to municipal airports; authorizing a municipality to sell, lease or exchange public land under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 496.080 is hereby amended to read as follows:

1-2    496.080  1.  Except as may be limited by the terms and conditions of

1-3  any grant, loan or agreement pursuant to NRS 496.180, every municipality

1-4  may, by sale, lease or otherwise, dispose of any airport, air navigation

1-5  facility, or other property, or portion thereof or interest therein, acquired

1-6  pursuant to this chapter.

1-7    2.  [The] Except as otherwise provided in this subsection and

1-8  subsection 3, the disposal by sale, lease or otherwise [shall] must be in

1-9  accordance with the laws of this state, or provisions of the charter of the

1-10  municipality, governing the disposition of other property of the

1-11  municipality . [, except that in] In the case of disposal to another

1-12  municipality or agency of the state or Federal Government for aeronautical

1-13  purposes incident thereto, the sale, lease or other disposal may be effected

1-14  in such manner and upon such terms as the governing body of the

1-15  municipality may deem in the best interest of the municipality, and except

1-16  as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.

1-17    3.  The governing body of a municipality may enter into an

1-18  agreement with a private person to sell, lease or exchange any real

1-19  property it has received or acquired for the development of an airport,

1-20  including real property for the control of airport noise, if the governing

2-1  body of the municipality determines that the sale, lease or exchange of

2-2  the real property is in the best interest of the municipality. If the real

2-3  property is sold, the property must not be sold for less than its appraised

2-4  value, as determined by an appraiser of real estate who is licensed or

2-5  certified pursuant to chapter 645C of NRS and appointed by the

2-6  governing body. If the real property is exchanged, the real property must

2-7  be exchanged for:

2-8    (a) Real property of substantially equal value; or

2-9    (b) Other real property, plus an amount of money equal to the

2-10  difference in the value of the real property.

2-11    4.  Each agreement for the sale, lease or exchange of real property

2-12  entered into pursuant to subsection 3 must include:

2-13    (a) A finding by the governing body of the municipality that the use of

2-14  the real property is compatible with the plan for the development and

2-15  operation of the airport;

2-16    (b) A reservation by the municipality of an aviation easement;

2-17    (c) A provision that provides the municipality with immunity from

2-18  civil liability for damages resulting from noise caused by aircraft,

2-19  including an increase in noise caused by a change in:

2-20      (1) The type or frequency of the operations of the airport;

2-21      (2) The layout of the airport;

2-22      (3) The flight patterns of aircraft using the airport; or

2-23      (4) The operation of the airport during the night; and

2-24    (d) Any other provisions the municipality may require.

2-25    5.  Before entering into any such contract, lease or other agreement,

2-26  the municipality shall publish a notice of its intention in general terms in

2-27  a newspaper of general circulation within the municipality at least once a

2-28  week for 21 days or three times during a period of 10 days. If there is not

2-29  a newspaper of general circulation published in the municipality, the

2-30  municipality shall post a notice of its intention in a public place at least

2-31  once a week for 30 days. The notice must specify that a regular meeting

2-32  of the governing body will be held, at which meeting any interested

2-33  person may appear. No such contract, lease or other arrangement may be

2-34  entered into by the municipality until after the notice has been given and

2-35  a meeting held as provided in this subsection.

2-36    6.  The governing body of a municipality that sells or exchanges real

2-37  property in the manner prescribed in subsection 3 is not required first to

2-38  offer to reconvey the real property to the person from whom the real

2-39  property was received or acquired by donation, dedication, eminent

2-40  domain or purchase under the threat of eminent domain.

2-41    Sec. 2.  This act becomes effective upon passage and approval.

 

2-42  H