Assembly Bill No. 390–Assemblymen Parks, Manendo, Arberry, Buckley, Chowning, Goldwater, Griffin, Horne, Leslie, McClain, McCleary and Pierce
(by request)

 

March 17, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to duties and liability of owner of property whose property includes or abuts public right-of-way. (BDR 22‑965)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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; prohibiting a governing body from requiring an owner of property that includes or abuts a public right-of-way to maintain any unimproved portion of, or to maintain, reconstruct or repair certain improvements in, the public right-of-way; providing that such prohibition does not preclude the imposition of certain assessments and charges that are otherwise authorized by law; providing certain limitations on civil liability with respect to owners of property whose property abuts a public right-of-way; 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 278 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A governing body shall not require an owner of property

1-4  that includes or abuts a public right-of-way to:

1-5  (a) Maintain any unimproved portion of the public right-of-

1-6  way; or

2-1  (b) Maintain, reconstruct or repair an existing median,

2-2  sidewalk, street improvement or other improvement in the public

2-3  right-of-way.

2-4  2.  The provisions of subsection 1 do not prohibit a governing

2-5  body from imposing an assessment or other charge authorized by

2-6  law for any reconstruction described in subsection 1 that the

2-7  governing body causes to be performed within a public right-of-

2-8  way.

2-9  Sec. 2.  NRS 278.010 is hereby amended to read as follows:

2-10      278.010  As used in NRS 278.010 to 278.630, inclusive, and

2-11  section 1 of this act, unless the context otherwise requires, the

2-12  words and terms defined in NRS 278.0105 to 278.0195, inclusive,

2-13  have the meanings ascribed to them in those sections.

2-14      Sec. 3.  Chapter 41 of NRS is hereby amended by adding

2-15  thereto a new section to read as follows:

2-16      No person who owns property that abuts a public right-of-way

2-17  is liable in a civil action based on the grounds that the person

2-18  failed to:

2-19      1.  Maintain any unimproved portion of the public right-of-

2-20  way; or

2-21      2.  Maintain, reconstruct or repair an existing median,

2-22  sidewalk, street improvement or other improvement in the public

2-23  right-of-way.

2-24      Sec. 4.  This act becomes effective upon passage and approval.

 

2-25  H