(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 16–Senator Rhoads

 

Prefiled January 11, 2001

 

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Referred to Committee on Judiciary

 

SUMMARY—Enacts provisions concerning disclosure of information in sale of property adjacent to open range. (BDR 10‑56)

 

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 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:

 

1-1    Section 1. Chapter 113 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Before the purchaser of a home or improved lot that is adjacent to

1-4  open range signs a sales agreement, the seller shall, by separate written

1-5  document, disclose to the purchaser information regarding grazing on

1-6  the open range. The written document must contain a statement with the

1-7  following language:

1-8  This property is adjacent to open range on which livestock are

1-9  permitted to graze or roam. Unless you construct a fence that will

1-10  prevent livestock from entering this property, livestock may enter the

1-11  property and you will not be entitled to collect damages because the

1-12  livestock entered the property. Regardless of whether you construct

1-13  a fence, it is unlawful to kill, maim or injure livestock that have

1-14  entered this property.

1-15    2.  The seller shall retain a copy of the disclosure document that has

1-16  been signed by the purchaser acknowledging the date of receipt by the

1-17  purchaser of the original document.

2-1    3.  Compliance with this section by a seller constitutes an affirmative

2-2  defense in any action brought against the seller by the purchaser based

2-3  upon any damages allegedly suffered as the result of livestock entering

2-4  the property.

2-5    4.  As used in this section, “open range” has the meaning ascribed to

2-6  it in NRS 568.355.

 

2-7  H