Senate Bill No. 16–Senator Rhoads

 

CHAPTER..........

 

AN ACT relating to real property; requiring the seller of a home or improved lot that is adjacent to open range to disclose to the purchaser information regarding grazing on open range; providing that compliance with the requirement of disclosure constitutes an affirmative defense in certain actions brought against the seller; 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 113 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  Before the purchaser of a home or improved lot that is adjacent to

 open range signs a sales agreement, the seller shall, by separate written

 document, disclose to the purchaser information regarding grazing on

 the open range. The written document must contain a statement with the

 following language:

This property is adjacent to open range on which livestock are

 permitted to graze or roam. Unless you construct a fence that will

 prevent livestock from entering this property, livestock may enter

 the property and you will not be entitled to collect damages because

 the livestock entered the property. Regardless of whether you

 construct a fence, it is unlawful to kill, maim or injure livestock that

 have entered this property.

   2.  The seller shall retain a copy of the disclosure document that has

 been signed by the purchaser acknowledging the date of receipt by the

 purchaser of the original document.

   3.  Compliance with this section by a seller constitutes an affirmative

 defense in any action brought against the seller by the purchaser based

 upon any damages allegedly suffered as the result of livestock entering

 the property.

   4.  As used in this section, “open range” has the meaning ascribed to

 it in NRS 568.355.

 

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