Senate Concurrent Resolution No. 8–Committee on
Natural Resources

 

(On Behalf of Legislative Committee on Public Lands)

 

February 15, 2001

____________

 

Referred to Committee on Legislative Affairs and Operations

 

SUMMARY—Directs Legislative Commission to conduct interim study relating to establishment, use and maintenance of certain roads in this state. (BDR R‑728)

 

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

 

SENATE Concurrent RESOLUTION—Directing the Legislative Commission to conduct an interim study relating to the establishment, use and maintenance of certain roads in this state.

 

1-1    Whereas, The geography of the State of Nevada is unique in that the

1-2  distances between towns, cities, counties, mines, ranches and other places

1-3  of human activity are often vast and cover difficult terrain; and

1-4    Whereas, Because of those distances, the residents of this state from

1-5  the earliest days of settlement were required to create and use many

1-6  highways, roads, trails, paths and other ways to travel those distances; and

1-7    Whereas, A large number of highways and roads in this state are

1-8  recognized, created and governed by statute, including the State Highway

1-9  System and standard, main, general and minor county roads and streets of

1-10  cities and towns; and

1-11    Whereas, Numerous other roads in this state are governed by the laws

1-12  and regulations of the Federal Government or are subject to easements or

1-13  other rights-of-way created by prescriptive use or judicial decisions

1-14  involving private parties; and

1-15    Whereas, The provisions of federal Revised Statute 2477, formerly

1-16  codified at 43 U.S.C. § 932, state that “[t]he right of way for the

1-17  construction of highways over public lands, not reserved for public uses, is

1-18  hereby granted”; and

1-19    Whereas, By enacting the provisions of Revised Statute 2477,

1-20  Congress specifically recognized the existence of many roads that had been

1-21  created over the unappropriated public lands of the United States and

1-22  expressly dedicated those roads for use by members of the public; and

1-23    Whereas, Although the provisions of Revised Statute 2477 were

1-24  repealed by Congress on October 21, 1976, valid rights-of-way established

2-1  before that date continue to exist, thereby creating controversies relating to

2-2  the ownership, scope of use and liability for control and maintenance of

2-3  those rights-of-way; and

2-4    Whereas, Similarly, the status of other roads in this state that are not

2-5  specifically recognized in statute or claimed or maintained by a

2-6  governmental entity or person is often in doubt, thereby creating

2-7  controversies and issues concerning liability for injury to persons who use

2-8  those roads; now, therefore, be it

2-9    Resolved by the Senate of the State of Nevada, the Assembly

2-10  Concurring, That the Legislative Commission is hereby directed to

2-11  appoint a subcommittee, consisting of three members of the Senate and

2-12  three members of the Assembly who are representative of various

2-13  geographical areas of this state, to conduct an interim study concerning the

2-14  establishment and maintenance of roads by various governmental entities

2-15  and persons in this state and the use of those roads by members of the

2-16  public; and be it further

2-17    Resolved, That the study must include, without limitation:

2-18    1.  An examination of the meaning and effect of the provisions of

2-19  Revised Statute 2477 or any other provision of state or federal law or

2-20  regulation that recognizes or creates a right-of-way over public or private

2-21  land in this state;

2-22    2.  A review of the effects, if any, associated with the establishment,

2-23  use and maintenance of roads in this state that are not claimed or

2-24  maintained by a governmental entity or person in this state, including

2-25  issues of liability of this state and political subdivisions of this state

2-26  concerning the establishment, use and maintenance of those roads and the

2-27  construction of new roads in urban and rural areas of this state; and

2-28    3.  Consideration of any other issues relating to roads and the

2-29  establishment, use and maintenance of roads in this state other than issues

2-30  concerning the costs and practices of maintaining a road that are

2-31  considered by the subcommittee appointed by the Legislative Committee to

2-32  Study the Distribution Among Local Governments of Revenue From State

2-33  and Local Taxes pursuant to the provisions of NRS 218.53884; and be it

2-34  further

2-35    Resolved, That any recommended legislation proposed by the

2-36  subcommittee must be approved by a majority of the members of the

2-37  Senate and a majority of the members of the Assembly appointed to the

2-38  subcommittee; and be it further

2-39    Resolved, That the Legislative Commission shall submit a report of

2-40  the results of the study and any recommendations for legislation to the

2-41  72nd session of the Nevada Legislature.

 

2-42  H