2005 Nevada Revised Statutes - Chapter 279 — Redevelopment of Communities
CHAPTER 279 - REDEVELOPMENT OF COMMUNITIES
GENERAL PROVISIONS
NRS 279.382 Shorttitle.
NRS 279.384 Definitions.
NRS 279.386 Agencydefined.
NRS 279.388 Blightedarea defined.
NRS 279.390 Bondsdefined.
NRS 279.392 Communitydefined.
NRS 279.393 Eligiblerailroad defined.
NRS 279.394 FederalGovernment defined.
NRS 279.396 Legislativebody defined.
NRS 279.397 Low-incomehousehold defined.
NRS 279.398 Obligeedefined.
NRS 279.400 Planningcommission defined.
NRS 279.404 Publicbody defined.
NRS 279.406 Realproperty defined.
NRS 279.408 Redevelopmentdefined.
NRS 279.410 Redevelopmentarea defined.
NRS 279.412 Redevelopmentproject defined.
NRS 279.414 Statedefined.
NRS 279.416 Declarationof state policy: Necessity of redevelopment of blighted areas.
NRS 279.418 Declarationof state policy: Growing menace of blighted areas to public health, safety andwelfare; benefits to inhabitants resulting from remedying conditions.
NRS 279.420 Declarationof state policy: Inability of individual landowners to rehabilitate property;remedy by public acquisition.
NRS 279.422 Declarationof state policy: Temporary government-owned wartime housing projects asblighted areas.
NRS 279.424 Declarationof state policy: Redevelopment of blighted areas by eminent domain; public use;necessity.
NRS 279.425 Declarationof state policy: Adequate supply of decent, safe and sanitary low-incomehousing necessary to accomplish purposes of Community Redevelopment Law.
AGENCIES
NRS 279.426 Agencyfor redevelopment: Creation.
NRS 279.428 Resolutionby legislative body as a prerequisite to functioning of agency.
NRS 279.430 Authorityof agency conclusively presumed from resolution.
NRS 279.432 Powersof public bodies in aid of local redevelopment.
NRS 279.434 Exemptionof agency and property from execution, process or lien; exceptions.
NRS 279.436 Suspensionof agencys authority.
NRS 279.438 Terminationof redevelopment plan adopted before July 1, 1987, and amendments to plan.
NRS 279.439 Terminationof redevelopment plan adopted on or after July 1, 1987, and amendments to plan.
NRS 279.440 Appointmentof members; exceptions.
NRS 279.442 Restrictionon appointment of members.
NRS 279.443 Alternativemethod of appointment of members; staggering of terms of resident electors;successors; vacancies.
NRS 279.444 Actionof legislative body as alternative to appointment of members; citys exerciseof powers; delegation of powers and functions.
NRS 279.446 Termsof office of members; vacancies.
NRS 279.448 Chairman:Designation; election; term of office.
NRS 279.450 Compensationand expenses of members.
NRS 279.452 Removalof member: Procedure.
NRS 279.454 Interestin property included in redevelopment area forbidden; disclosure of interest;exception.
NRS 279.456 Acquisitionof property by agency from member by eminent domain.
NRS 279.458 Agencyspower vested in members.
NRS 279.460 Agencysgovernmental functions; powers.
NRS 279.462 Powersof agency.
NRS 279.464 Servicesand facilities available to agency.
NRS 279.466 Personnel:Selection; employment; compensation; limitations.
NRS 279.468 Preparationof plans for blighted areas; dissemination of redevelopment information; acceptanceand expenditure of money; creation of residential plan; budget.
NRS 279.470 Acquisition,disposal and encumbrance of interests in real and personal property; insurance.
NRS 279.471 Requirementsfor agency to exercise power of eminent domain; resolutions; limited judicialreview.
NRS 279.4712 Prerequisitesto agency exercising power of eminent domain; requirements for written offer;appraisal performed on behalf of owner of property.
NRS 279.4714 Prerequisiteto request that agency exercise power of eminent domain.
NRS 279.472 Leasesor sales: Public hearing.
NRS 279.474 Developmentof building sites.
NRS 279.476 Rehousingbureau.
NRS 279.478 Assistancefor relocation.
NRS 279.480 Investments.
NRS 279.482 Impositionof conditions on lessees and purchasers; employment plan required in proposalfor redevelopment project.
NRS 279.484 Breachof covenants running with the land.
NRS 279.486 Purchaseand construction of certain buildings, facilities and improvements;contribution by and reimbursement of community or other governmental entity.
NRS 279.488 Continuationof existing buildings on land; justification for acquisition by agency.
NRS 279.490 Financialassistance from governmental and private sources.
NRS 279.492 Eminentdomain: Existing public use; consent of public body.
NRS 279.494 Territorialjurisdiction: Counties; cities.
NRS 279.496 Propertyowned in redevelopment project: Payment of money in lieu of taxes.
NRS 279.498 Workexceeding $10,000 requires competitive bidding.
NRS 279.500 Applicabilityof provisions governing payment of prevailing wage for public works projects.
NRS 279.508 Jointexercise of powers by two or more agencies.
NRS 279.510 Designatedagencys cooperation with planning commissions.
NRS 279.512 Formulationof redevelopment plans.
NRS 279.514 Redevelopmentof area within another communitys territory.
PLANS
NRS 279.516 Prerequisitesof community for redevelopment: Planning commission; master plan.
NRS 279.518 Designationof areas for evaluation as redevelopment areas.
NRS 279.519 Areasacceptable for designation as redevelopment areas; percentage of redevelopmentarea required to be improved land; limitation on inclusion of taxable propertyin area in subsequently created redevelopment area.
NRS 279.520 Contentsof resolution designating area for evaluation.
NRS 279.522 Requestsfor evaluation of particular area.
NRS 279.524 Selectionof redevelopment area; preliminary plan.
NRS 279.526 Preliminaryplan: Sufficiency.
NRS 279.528 Submissionof preliminary plan to agency; analysis.
NRS 279.530 Cooperationof agency and planning commission.
NRS 279.564 Preparationor adoption of redevelopment plan by agency; hearings and negotiations.
NRS 279.566 Propertyowners participation and assistance in redevelopment; agencys rules;provisions if nonparticipation.
NRS 279.568 Conformanceto master or general plan for community.
NRS 279.570 Reportby planning commission; vote of legislative body.
NRS 279.572 Contentsof redevelopment plan: General requirements.
NRS 279.574 Contentsof redevelopment plan: Leases and sales of real property by agency.
NRS 279.576 Contentsof redevelopment plan: Acquisition of property; bonds.
NRS 279.578 Submissionof redevelopment plan to legislative body; report required.
NRS 279.580 Mattersto be considered by legislative body; public hearing; notice.
NRS 279.583 Proposalsby legislative body to exclude certain land from proposed redevelopment area.
NRS 279.586 Adoptionof redevelopment plan by ordinance: Determinations; contents of ordinance.
NRS 279.589 Effectof decision of legislative body.
NRS 279.598 Safeguardsrequired that redevelopment will be carried out; controls.
NRS 279.602 Copyof ordinance transmitted to agency.
NRS 279.603 Recordingof statement regarding redevelopment; transmission of certain information iftaxes are to be divided.
NRS 279.6035 Applicantsfor building permits must be advised of redevelopment area.
NRS 279.604 Approvalof contracts by legislative body.
NRS 279.608 Materialdeviation from or amendment of redevelopment plan: Recommendation tolegislative body; hearing; notice; report and recommendations by planningcommission; action by legislative body.
NRS 279.609 Limitationson actions to question validity of redevelopment plan or amendment.
FINANCIAL PROVISIONS
NRS 279.610 Appropriations.
NRS 279.612 Annualbudget.
NRS 279.614 Agencysadministrative fund.
NRS 279.616 Moneyappropriated to defray administrative expenses; agency not department ofcommunity; status of agencys employees.
NRS 279.618 Agencysreports to legislative body.
NRS 279.619 Limitationon issuing securities or incurring indebtedness.
NRS 279.620 Revolvingfund: Establishment; sources.
NRS 279.622 Issuanceand sale of general obligation bonds: Purposes; amount authorized.
NRS 279.624 Agreementwith respect to amount of general obligation bonds where plan containsprovision authorized by NRS 279.676.
NRS 279.625 Specialelection may be held only if emergency exists.
NRS 279.626 Issuanceof general obligation bonds: Manner; limitations; exceeding limitation.
NRS 279.628 Expendituresfrom revolving fund.
NRS 279.630 Saleor lease of property acquired from revolving fund: Minimum amount; redeposit ofproceeds; approval of sale or lease.
NRS 279.632 Abolitionof revolving fund; transfer of money.
NRS 279.634 Bonds:Issuance for corporate or refunding purposes.
NRS 279.636 Typesof bonds which agency may issue; additional security for bonds.
NRS 279.638 Liabilityon bonds; limitation of indebtedness.
NRS 279.640 Authorizationof bonds; sale.
NRS 279.642 Validityof bonds: Termination of office.
NRS 279.644 Negotiabilityof bonds.
NRS 279.646 Validityof bonds: Presumptions.
NRS 279.648 Issuanceof bonds: Pledge of revenues; encumbrances of property.
NRS 279.650 Issuanceof bonds: Limitations on further indebtedness and transactions.
NRS 279.652 Issuanceof bonds: Use of proceeds; lost or destroyed bonds; extension of time forpayment; redemption.
NRS 279.654 Issuanceof bonds: Rentals and revenues; special funds.
NRS 279.656 Issuanceof bonds: Abrogation or amendment of contracts with bondholders.
NRS 279.658 Issuanceof bonds: Use and maintenance of property; insurance.
NRS 279.660 Issuanceof bonds: Effects of breach of covenants; waiver.
NRS 279.662 Bondholderstrustee: Powers and duties.
NRS 279.664 Powerof agency to make additional covenants; additional powers.
NRS 279.666 Rightsof agencys obligee.
NRS 279.668 Rightsof agencys obligee upon default.
NRS 279.670 Bonds,interest and income exempted from taxes; exceptions.
NRS 279.672 Bondsof agency as legal investments.
NRS 279.674 Taxesdefined.
NRS 279.676 Allocation,division and disposition of money from taxes; limitation on revenue; repaymentof bond or other indebtedness.
NRS 279.678 Assessmentand taxation of leased redeveloped property; provision in lease for lessee topay taxes.
NRS 279.680 Pledgingportion of taxes for payment of principal and interest on loans, advances orindebtedness.
NRS 279.683 Faithof State pledged not to impair securities.
NRS 279.685 Certaincities to set aside revenue for low-income housing; limitations.
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GENERAL PROVISIONS
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(Added to NRS by 1959, 648; A 1987, 1683;
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(Added to NRS by 1959, 648; A 1985, 2068; 1993, 1329;1999, 1090;
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(Added to NRS by 1959, 648)
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1. Except as otherwise provided in subsection 2,blighted area means an area which is characterized by at least four of thefollowing factors:
(a) The existence of buildings and structures, used orintended to be used for residential, commercial, industrial or other purposes,or any combination thereof, which are unfit or unsafe for those purposes andare conducive to ill health, transmission of disease, infant mortality,juvenile delinquency or crime because of one or more of the following factors:
(1) Defective design and character of physicalconstruction.
(2) Faulty arrangement of the interior andspacing of buildings.
(3) Inadequate provision for ventilation, light,sanitation, open spaces and recreational facilities.
(4) Age, obsolescence, deterioration,dilapidation, mixed character or shifting of uses.
(b) An economic dislocation, deterioration or disuse.
(c) The subdividing and sale of lots of irregular formand shape and inadequate size for proper usefulness and development.
(d) The laying out of lots in disregard of the contoursand other physical characteristics of the ground and surrounding conditions.
(e) The existence of inadequate streets, open spacesand utilities.
(f) The existence of lots or other areas which may besubmerged.
(g) Prevalence of depreciated values, impairedinvestments and social and economic maladjustment to such an extent that thecapacity to pay taxes is substantially reduced and tax receipts are inadequatefor the cost of public services rendered.
(h) A growing or total lack of proper utilization ofsome parts of the area, resulting in a stagnant and unproductive condition ofland which is potentially useful and valuable for contributing to the publichealth, safety and welfare.
(i) A loss of population and a reduction of proper useof some parts of the area, resulting in its further deterioration and addedcosts to the taxpayer for the creation of new public facilities and serviceselsewhere.
(j) The environmental contamination of buildings orproperty.
(k) The existence of an abandoned mine.
2. If the subject of the redevelopment is an eligiblerailroad or facilities related to an eligible railroad, blighted area meansan area which is characterized by at least four of the factors set forth insubsection 1 or characterized by one or more of the following factors:
(a) The existence of railroad facilities, used orintended to be used, for commercial, industrial or other purposes, or anycombination thereof, which are unfit or unsafe for those purposes because ofage, obsolescence, deterioration or dilapidation.
(b) A growing or total lack of proper utilization ofthe railroad facilities resulting in a stagnant and unproductive condition ofland which is potentially useful and valuable for contributing to the publichealth, safety and welfare.
(c) The lack of adequate rail facilities that hasresulted or will result in an economic hardship to the community.
(Added to NRS by 1959, 648; A 1985, 2068;
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(Added to NRS by 1959, 649)
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(Added to NRS by 1959, 649)
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1. That is located in a county whose population isless than 100,000; and
2. Of which no less than one-half of the ownershipinterest in the railroad is held by a governmental entity or nonprofitorganization, or both.
(Added to NRS by
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(Added to NRS by 1959, 649)
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(Added to NRS by 1959, 649)
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(Added to NRS by 1993, 1328)
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(Added to NRS by 1959, 649; A 1985, 2069)
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(Added to NRS by 1959, 649)
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1. Land, including land under water and waterfrontproperty.
2. Buildings, structures, fixtures and improvements onland.
3. Any property appurtenant to or used in connectionwith land.
4. Every estate, interest, privilege, easement,franchise and right in land, including rights-of-way, terms for years andliens, charges or encumbrances by way of judgment, mortgage or otherwise andthe indebtedness secured by such liens.
(Added to NRS by 1959, 649)
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1. Redevelopment means the planning, development,replanning, redesign, clearance, reconstruction or rehabilitation, or anycombination of these, of all or part of a redevelopment area, and the provisionof such residential, commercial, industrial, public or other structures orspaces as may be appropriate or necessary in the interest of the generalwelfare, including:
(a) Recreational and other facilities appurtenantthereto.
(b) Eligible railroads or facilities related to eligiblerailroads.
(c) The alteration, improvement, modernization,reconstruction or rehabilitation, or any combination thereof, of existingstructures in a redevelopment area.
(d) Provision for uses involving open space, such as:
(1) Streets and other public grounds;
(2) Space around buildings, structures andimprovements;
(3) Improvements of recreational areas; and
(4) Improvement of other public grounds.
(e) The replanning, redesign or original development ofundeveloped areas where:
(1) The areas are stagnant or used improperlybecause of defective or inadequate layouts of streets, faulty layouts of lotsin relation to size, shape, accessibility or usefulness, or for other causes;or
(2) The areas require replanning and assembly ofland for reclamation or development in the interest of the general welfarebecause of widely scattered ownership, tax delinquency or other reasons.
2. Redevelopment does not exclude the continuance ofexisting buildings or uses whose demolition and rebuilding or change of use arenot deemed essential to the redevelopment and rehabilitation of the area.
(Added to NRS by 1959, 649; A 1985, 2069;
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(Added to NRS by 1959, 650; A 1985, 2070)
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(Added to NRS by 1959, 650)
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(Added to NRS by 1959, 650)
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(Added to NRS by 1959, 650; A 1985, 2070)
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1. The existence of blighted areas constitutes aserious and growing menace which is condemned as injurious and inimical to thepublic health, safety and welfare of the people of the communities in whichthey exist and of the people of the State.
2. Such blighted areas present difficulties andhandicaps which are beyond remedy and control solely by regulatory processes inthe exercise of the police power.
3. They contribute substantially and increasingly tothe problems of, and necessitate excessive and disproportionate expendituresfor, crime prevention, correction, prosecution and punishment, the treatment ofjuvenile delinquency, the preservation of the public health and safety, and themaintaining of adequate police, fire and accident protection and other publicservices and facilities.
4. This menace is becoming increasingly direct andsubstantial in its significance and effect.
5. The benefits which will result from the remedyingof such conditions and the redevelopment of blighted areas will accrue to allthe inhabitants and property owners of the communities in which they exist.
(Added to NRS by 1959, 650)
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1. Conditions of blight tend to further obsolescence,deterioration and disuse because of the lack of incentive to the individuallandowner and his inability to improve, modernize or rehabilitate his propertywhile the condition of the neighboring properties remains unchanged.
2. As a consequence the process of deterioration of ablighted area frequently cannot be halted or corrected except by redevelopingthe entire area, or substantial portions of it.
3. Such conditions of blight are chiefly found inareas subdivided into small parcels, held in divided and widely scatteredownerships, frequently under defective titles, and in many such instances theprivate assembly of the land in blighted areas for redevelopment is sodifficult and costly that it is uneconomic and as a practical matter impossiblefor owners to undertake because of lack of legal power and excessive costs.
4. The remedying of such conditions may require thepublic acquisition at fair prices of adequate areas, the clearance of the areasthrough demolition of existing obsolete, inadequate, unsafe and insanitarybuildings, and the redevelopment of the areas suffering from such conditionsunder proper supervision, with appropriate planning, and continuing land useand construction policies.
(Added to NRS by 1959, 651)
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(Added to NRS by 1959, 651)
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1. To protect and promote the sound development andredevelopment of blighted areas and the general welfare of the inhabitants ofthe communities in which they exist by remedying such injurious conditionsthrough the employment of all appropriate means.
2. That whenever the redevelopment of blighted areascannot be accomplished by private enterprise alone, without publicparticipation and assistance in the acquisition of land, in planning and in thefinancing of land assembly, in the work of clearance, and in the making ofimprovements necessary therefor, it is in the public interest to employ thepower of eminent domain, to advance or expend public funds for these purposes,and to provide a means by which blighted areas may be redeveloped orrehabilitated.
3. That the redevelopment of blighted areas and theprovision for appropriate continuing land use and construction policies in themconstitute public uses and purposes for which public money may be advanced orexpended and private property acquired, and are governmental functions of stateconcern in the interests of health, safety and welfare of the people of theState and of the communities in which the areas exist.
4. That the necessity in the public interest for theprovisions of NRS 279.382 to
(Added to NRS by 1959, 651)
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1. The provision of housing is a fundamental purposeof the Community Redevelopment Law and that a generally inadequate supply ofdecent, safe and sanitary housing available to low-income households threatensthe accomplishment of the primary purposes of the Community Redevelopment Law,including, without limitation, creating new employment opportunities,attracting new private investments of money in the area and creating physical,economic, social and environmental conditions to remove and prevent therecurrence of blight.
2. The provision and improvement of housing which canbe rented or sold to families with low incomes and which is inside or outsidethe boundaries of the redevelopment area can be of direct benefit to theredevelopment area in assisting the accomplishment of project objectiveswhether or not the redevelopment plan provides for housing within the projectarea.
3. The provision of affordable housing byredevelopment agencies and the use of taxes allocated to the agency pursuantthereto is of statewide benefit and assistance to all local governmentalagencies in the areas where housing is provided.
(Added to NRS by 1993, 1328)
AGENCIES
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(Added to NRS by 1959, 652)
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(Added to NRS by 1959, 652)
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(Added to NRS by 1959, 652)
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1. Dedicate, sell, convey or lease any of its propertyto a redevelopment agency.
2. Cause parks, playgrounds, recreational, community,educational, water, sewer or drainage facilities, or any other works which itis otherwise empowered to undertake, to be furnished adjacent to or inconnection with redevelopment projects.
3. Furnish, dedicate, close, pave, install, grade,regrade, plan or replan streets, roads, roadways, alleys, sidewalks or otherplaces which it is otherwise empowered to undertake.
4. Plan or replan, zone or rezone any part of sucharea and make any legal exceptions from building regulations and ordinances.
5. Enter into agreements with the Federal Governmentrespecting action to be taken by such public body pursuant to any of the powersgranted by NRS 279.382 to
6. Purchase or legally invest in any of the bonds ofan agency and exercise all of the rights of any holder of such bonds.
(Added to NRS by 1959, 652)
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(Added to NRS by 1959, 652)
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(Added to NRS by 1959, 652)
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(Added to NRS by 1959, 653; A 1987, 1683; 1997, 2557;1999, 3613)
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(Added to NRS by 1987, 1683; A 1997, 2557)
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(Added to NRS by 1959, 653; A
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(Added to NRS by 1959, 653; A
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1. As an alternative to the appointment of fivemembers of the agency pursuant to NRS279.440 and as an alternative to the procedures set forth in
(a) At the time of the adoption of a resolutionpursuant to NRS 279.428, the legislativebody may appoint not more than 11 of the following persons as members of theagency:
(1) Resident electors of the community;
(2) Members of the legislative body; or
(3) A combination of resident electors of thecommunity and members of the legislative body; or
(b) At any time after the adoption of a resolutionpursuant to NRS 279.428, the legislativebody may direct the mayor or other executive officer of the city or chairman ofthe board of county commissioners to appoint not more than 11 of the followingpersons as members of the agency:
(1) Resident electors of the community;
(2) Members of the legislative body; or
(3) A combination of resident electors of thecommunity and members of the legislative body.
2. The terms of any resident electors of the communityfirst appointed as members of the agency pursuant to paragraph (a) or (b) ofsubsection 1 must be staggered in substantially the same proportion as theterms of members are staggered pursuant to NRS279.446. The successors of the members first appointed must be appointedfor 4-year terms. Vacancies occurring during a term must be filled for theunexpired term. A member shall hold office until his successor is appointed andqualified.
(Added to NRS by
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1. As an alternative to the appointment of fivemembers of the agency pursuant to NRS279.440 and as an alternative to the procedures set forth in
2. A city may enact its own procedural ordinance andexercise the powers granted by NRS 279.382to 279.685, inclusive.
3. An agency may delegate to a community any of thepowers or functions of the agency with respect to the planning or undertakingof a redevelopment project in the area in which that community is authorized toact, and that community may carry out or perform those powers or functions forthe agency.
(Added to NRS by 1959, 653; A 1985, 2070; 1993, 334;
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(Added to NRS by 1959, 653; A
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(Added to NRS by 1959, 653)
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(Added to NRS by 1959, 653)
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(Added to NRS by 1959, 653)
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1. Except as provided in subsection 2, no officer oremployee of an agency or community who in the course of his duties is requiredto participate in the formulation of or to approve plans or policies for theredevelopment of a redevelopment area may acquire any interest in any propertyincluded within a redevelopment area within the community. If any officer oremployee owns, purchases or has or acquires any direct or indirect financialinterest in such property, he shall immediately make a written disclosure of itto the agency and the legislative body which must be entered on their minutes.Failure to disclose constitutes misconduct in office.
2. Such an officer or employee may purchase or acquireproperty in the redevelopment area if he uses it for his residence.
(Added to NRS by 1959, 654; A 1985, 976, 2071)
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(Added to NRS by 1959, 654)
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(Added to NRS by 1959, 654)
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(Added to NRS by 1959, 654)
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1. Sue and be sued.
2. Have a seal.
3. Make and execute contracts and other instrumentsnecessary or convenient to the exercise of its powers.
4. Make, amend and repeal bylaws and regulations notinconsistent with, and to carry into effect, the powers and purposes of
5. Obtain, hire, purchase or rent office space,equipment, supplies, insurance and services.
6. Authorize and pay the travel expenses of agencymembers, officers, agents, counsel and employees on agency business.
(Added to NRS by 1959, 654)
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(Added to NRS by 1959, 654)
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(Added to NRS by 1959, 654)
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1. From time to time prepare plans for theimprovement, rehabilitation and redevelopment of blighted areas.
2. Disseminate redevelopment information.
3. Accept financial or other assistance from anypublic or private source, for the agencys activities, powers and duties, andexpend any funds so received for any of the purposes of
4. For eachneighborhood within the redevelopment area, create a residential plan for theneighborhood or appoint an advisory council for redevelopment and delegate theauthority to create the residential plan to the advisory council. A residentialplan created by an advisory council must be approved by the agency, and eachresidential plan created pursuant to this subsection must include a financingplan.
5. Include in its budget all money received from anysource, including, without limitation, money received from a local governmentfor use by an advisory council in carrying out a residential plan approved bythe agency.
(Added to NRS by 1959, 654; A
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1. Purchase, lease, obtain option upon or acquire bygift, grant, bequest, devise or otherwise, any real or personal property, anyinterest in property and any improvements thereon.
2. Except as otherwise provided in
3. Clear buildings, structures or other improvementsfrom any real property acquired.
4. Sell, lease, exchange, subdivide, transfer, assign,pledge, encumber by mortgage, deed of trust or otherwise, or otherwise disposeof any real or personal property or any interest in property.
5. Insure or provide for the insurance of any real orpersonal property or operations of the agency against risks or hazards.
6. Rent, maintain, manage, operate, repair and clearsuch real property.
(Added to NRS by 1959, 654; A
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1. Except as otherwise provided in this subsection, anagency may exercise the power of eminent domain to acquire property for aredevelopment project only if the agency adopts a resolution that includes awritten finding by the agency that a condition of blight exists for eachindividual parcel of property to be acquired by eminent domain. An agency mayexercise the power of eminent domain to acquire a parcel of property that isnot blighted for a redevelopment project if the agency adopts a resolution thatincludes a written finding by the agency that a condition of blight exists forat least two-thirds of the property within the redevelopment area at the timethe redevelopment area was created.
2. In addition to the requirement set forth insubsection 1, an agency may exercise the power of eminent domain to acquireproperty for a redevelopment project only if:
(a) The property sought to be acquired is necessary tocarry out the redevelopment plan;
(b) The agency has adopted a resolution of necessitythat complies with the requirements set forth in subsection 3; and
(c) The agency has complied with the provisions of
3. A resolution of necessity required pursuant toparagraph (b) of subsection 2 must set forth:
(a) A statement that the property will be acquired forpurposes of redevelopment as authorized pursuant to subsection 17 of
(b) A reasonably detailed description of the propertyto be acquired;
(c) A finding by the agency that the public interestand necessity require the acquisition of the property;
(d) A finding by the agency that acquisition of theproperty will be the option for redevelopment that is most compatible with thegreatest public good and the least private injury; and
(e) A finding by the agency that acquisition of theproperty is necessary for purposes of redevelopment.
4. After an agency adopts a resolution pursuant tosubsection 1 or 2, the resolution so adopted and the findings set forth in theresolution are final and conclusive and are not subject to judicial reviewunless credible evidence is adduced to suggest that the resolution or thefindings set forth therein were procured through bribery or fraud.
(Added to NRS by
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1. Before an agency may exercise the power of eminentdomain to acquire property for a redevelopment project, the agency must:
(a) Negotiate in good faith with the owner of theproperty and attempt to reach an agreement regarding the amount of compensationto be paid for the property;
(b) Provide the owner with a written offer ofcompensation in the manner set forth in subsection 2 and allow the owner atleast 30 days after the date he receives the offer to respond to the offer,unless the offer is returned as undeliverable; and
(c) Provide the owner with a copy of the appraisalreport upon which the offer of compensation is based at the time the offer ismade.
2. A written offer of compensation required pursuantto subsection 1:
(a) Must include written notice to the owner of theproperty informing him of the following:
(1) That all or a portion of his property isnecessary to carry out the redevelopment plan;
(2) The nature of the intended redevelopment, atthe time of the written offer, for which the property is considered necessary;
(3) The parcel number or other reasonablydetailed description of the property sought to be acquired;
(4) That the agency has provided a copy of theappraisal report upon which the offer of compensation is based;
(5) That the agency will provide copies, to theextent prepared, of any preliminary plans or redevelopment plans within 15 daysupon request; and
(6) The rights and responsibilities of the ownerpursuant to this section.
(b) Must include the value of the property sought to beacquired plus damages, if any, as appraised by the agency.
(c) Must be sent by certified mail, return receiptrequested, to the last known address of the owner of the property as shown inthe records of the county assessor or by personal delivery. If there is morethan one owner of the property, notice must be sent to all owners of theproperty. If the written offer of compensation is returned as undeliverable, noadditional notice is required. The agency is not required to provide anadditional written offer of compensation to a person who acquires title to theproperty after the written offer of compensation has been provided in themanner required pursuant to this paragraph.
3. If the owner of the property has an appraisalperformed on his own behalf, the owner must provide the agency with a copy ofthe appraisal report.
(Added to NRS by
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(Added to NRS by
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(Added to NRS by 1959, 655)
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(Added to NRS by 1959, 655)
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(Added to NRS by 1959, 655)
NRS
1. An agency shall provide assistance for relocationand shall make all the payments required by chapter342 of NRS and the regulations adopted by the Director of the Department ofTransportation pursuant thereto for programs or projects for which federalfinancial assistance is received to pay all or any part of the cost of thatprogram or project.
2. This section does not limit any other authoritywhich an agency may have to make other payments for assistance for relocationor to make any payment for that assistance which exceeds the amount authorizedin regulations adopted by the Director of the Department of Transportationpursuant to chapter 342 of NRS.
(Added to NRS by 1959, 655; A 1973, 153; 1985, 2071;1989, 636; 1999, 3613)
NRS
1. Invest any money held in reserves or sinking funds,or any money not required for immediate disbursement, in:
(a) Obligations issued by the United States PostalService or the Federal National Mortgage Association, whether or not thepayment of principal and interest thereon is guaranteed by the FederalGovernment.
(b) Bonds or other obligations issued by aredevelopment agency created pursuant to NRS279.382 to 279.685, inclusive, or alegislative body that has elected to exercise the powers granted to an agencypursuant to the provisions of NRS 279.382to 279.685, inclusive.
(c) Bonds or other securities issued pursuant to theprovisions of NRS 349.150 to
(d) Money market mutual funds that:
(1) Are registered with the Securities andExchange Commission;
(2) Are rated by a nationally recognized ratingservice as AAA or its equivalent; and
(3) Invest only in securities issued orguaranteed as to payment of principal and interest by the Federal Government,or its agencies or instrumentalities, or in repurchase agreements that arefully collateralized by such securities.
(e) Any other investment in which a city may investpursuant to NRS 355.170.
2. Purchase its bonds at a price not more than theirprincipal amount and accrued interest. All bonds so purchased must becancelled.
(Added to NRS by 1959, 655; A 1997, 2875;
NRS
1. An agency may obligate lessees or purchasers ofproperty acquired in a redevelopment project to:
(a) Use the property for the purpose designated in theredevelopment plans.
(b) Begin the redevelopment of the area within a periodof time which the agency fixes as reasonable.
(c) Comply with other conditions which the agency deemsnecessary to carry out the purposes of NRS279.382 to 279.685, inclusive,including, without limitation, the provisions of an employment plan or acontract approved for a redevelopment project.
2. As appropriate for the particular project, eachproposal for a redevelopment project must also include an employment plan. Theemployment plan must include:
(a) A description of the existing opportunities foremployment within the area;
(b) A projection of the effect that the redevelopmentproject will have on opportunities for employment within the area; and
(c) A description of the manner in which an employerrelocating his business into the area plans to employ persons living within thearea of operation who are:
(1) Economically disadvantaged;
(2) Physically handicapped;
(3) Members of racial minorities;
(4) Veterans; or
(5) Women.
(Added to NRS by 1959, 655; A 1985, 2071; 1997, 2558;1999, 3614)
NRS
(Added to NRS by 1959, 655)
NRS
1. An agency may, with the consent of the legislativebody, pay all or part of the value of the land for and the cost of theconstruction of any building, facility, structure or other improvement and theinstallation of any improvement which is publicly or privately owned andlocated within or without the redevelopment area. Before the legislative bodymay give its consent, it must determine that:
(a) The buildings, facilities, structures or otherimprovements are of benefit to the redevelopment area or the immediateneighborhood in which the redevelopment area is located; and
(b) No other reasonable means of financing thosebuildings, facilities, structures or other improvements are available.
Thosedeterminations by the agency and the legislative body are final and conclusive.
2. In reaching its determination that the buildings,facilities, structures or other improvements are of benefit to the redevelopmentarea or the immediate neighborhood in which the redevelopment area is located,the legislative body shall consider:
(a) Whether the buildings, facilities, structures orother improvements are likely to:
(1) Encourage the creation of new business orother appropriate development;
(2) Create jobs or other business opportunitiesfor nearby residents;
(3) Increase local revenues from desirablesources;
(4) Increase levels of human activity in theredevelopment area or the immediate neighborhood in which the redevelopmentarea is located;
(5) Possess attributes that are unique, eitheras to type of use or level of quality and design;
(6) Require for their construction, installationor operation the use of qualified and trained labor; and
(7) Demonstrate greater social or financialbenefits to the community than would a similar set of buildings, facilities,structures or other improvements not paid for by the agency.
(b) The opinions of persons who reside in theredevelopment area or the immediate neighborhood in which the redevelopmentarea is located.
(c) Comparisons between the level of spending proposedby the agency and projections, made on a pro forma basis by the agency, offuture revenues attributable to the buildings, facilities, structures or otherimprovements.
3. If the value of that land or the cost of theconstruction of that building, facility, structure or other improvement, or theinstallation of any improvement has been, or will be, paid or provided forinitially by the community or other governmental entity, the agency may enterinto a contract with that community or governmental entity under which itagrees to reimburse the community or governmental entity for all or part of thevalue of that land or of the cost of the building, facility, structure or otherimprovement, or both, by periodic payments over a period of years. The obligationof the agency under that contract constitutes an indebtedness of the agencywhich may be payable out of taxes levied and allocated to the agency under paragraph(b) of subsection 1 of NRS 279.676, orout of any other available money.
(Added to NRS by 1959, 655; A 1981, 763; 1985, 2072;1993, 1329; 2003, 644)
NRS
(Added to NRS by 1959, 656)
NRS
(Added to NRS by 1959, 656; A 1985, 2072)
NRS
(Added to NRS by 1959, 656)
NRS
(Added to NRS by 1959, 656)
NRS
(Added to NRS by 1959, 656)
NRS
(Added to NRS by 1959, 656; A 1985, 2072)
NRS
1. The provisions of NRS338.010 to 338.090, inclusive, applyto any contract for new construction, repair or reconstruction which is awardedon or after October 1, 1991, by an agency for work to be done in a project.
2. If an agency provides property for development atless than the fair market value of the property, or provides financialincentives to the developer with a value of more than $100,000, the agency mustprovide in the agreement with the developer that the development project issubject to the provisions of NRS 338.010to 338.090, inclusive, to the sameextent as if the agency had awarded the contract for the project. Thissubsection applies only to the project covered by the agreement between theagency and the developer. This subsection does not apply to future developmentof the property unless additional financial incentives with a value of morethan $100,000 are provided to the developer.
(Added to NRS by 1959, 656; A 1991, 2345)
NRS
(Added to NRS by 1959, 657)
NRS
(Added to NRS by 1959, 657)
NRS
(Added to NRS by 1959, 657)
NRS
(Added to NRS by 1959, 657)
PLANS
NRS
1. Have a planning commission.
2. Have a master or general plan for the communityadopted by the planning commission or the legislative body. The plan mustinclude all of the following:
(a) The general location and extent of existing andproposed major thoroughfares, transportation routes, terminals and other majorpublic utilities and facilities.
(b) A land-use plan which designates the proposedgeneral distribution and general location and extent of the uses of the landfor housing, business, industry, recreation, education, public buildings andgrounds and other categories of public and private uses of land.
(c) A statement of the standards of population densityand building intensity recommended for the various districts and otherterritorial units, and estimates of future growth in population, in theterritory covered by the plan, all correlated with the land-use plan.
(d) Maps, plans, charts or other descriptive mattershowing the areas in which conditions are found indicating the existence ofblighted areas.
(Added to NRS by 1959, 657; A 1987, 711)
NRS
(Added to NRS by 1959, 658; A 1985, 2073)
NRS
1. A redevelopment area need not be restricted tobuildings, improvements or lands which are detrimental or inimical to thepublic health, safety or welfare, but may consist of an area in which suchconditions predominate and injuriously affect the entire area. A redevelopmentarea may include, in addition to blighted areas, lands, buildings orimprovements which are not detrimental to the public health, safety or welfare,but whose inclusion is found necessary for the effective redevelopment of thearea of which they are a part.
2. At least 75 percent of the area included within aredevelopment area must be improved land and may include, without limitation:
(a) Public land upon which public buildings have beenerected or improvements have been constructed.
(b) Land on which an abandoned mine, landfill or othersimilar use is located and which is surrounded by or directly abuts theimproved land.
3. The area included within a redevelopment area maybe contiguous or noncontiguous.
4. If the subject of the redevelopment is an eligiblerailroad or facilities related to an eligible railroad, the area includedwithin a redevelopment area may consist of contiguous or noncontiguous vacantland that:
(a) Is located near the eligible railroad; and
(b) May accommodate commercial or industrial facilitiesthat may use the eligible railroad.
5. The taxable property in a redevelopment area mustnot be included in any subsequently created redevelopment area until at least50 years after the effective date of creation of the first redevelopment areain which the property was included.
6 As used in this section, improved land means:
(a) Land that contains structures which:
(1) Are used for residential, commercial,industrial or governmental purposes; and
(2) Have been connected to water facilities,sewer facilities or roads, or any combination thereof;
(b) Any areas related to the structures described inparagraph (a), including, without limitation, landscaping areas, parking areas,parks and streets; and
(c) If the subject of the redevelopment is an eligiblerailroad or facilities related to an eligible railroad:
(1) Land on which the eligible railroad islocated; and
(2) Any areas related to the eligible railroad,including, without limitation, land on which is located railroad tracks, arailroad right-of-way or a facility related to the eligible railroad.
(Added to NRS by 1985, 2067; A 1987, 1683;
NRS
1. A finding that the area requires study to determineif a redevelopment project within that area is feasible.
2. A description of the boundaries of the areadesignated.
(Added to NRS by 1959, 658; A 1985, 2073)
NRS
(Added to NRS by 1959, 658; A 1985, 2073)
NRS
(Added to NRS by 1959, 658; A 1985, 2073)
NRS
1. Describes the boundaries of the redevelopment area.
2. Contains a general statement of the uses of theland, layout of principal streets, densities of population and intensities andstandards of building proposed for the redevelopment of the area.
3. Shows how the purposes of
4. Shows that the proposed redevelopment conforms tothe master or general plan for the community.
(Added to NRS by 1959, 658; A 1985, 2073)
NRS
(Added to NRS by 1959, 658; A 1985, 2074)
NRS
(Added to NRS by 1959, 658; A 1985, 2074)
NRS
(Added to NRS by 1959, 661; A 1985, 2074)
NRS
1. Every redevelopment plan must provide for theparticipation and assistance in the redevelopment of property in theredevelopment area by the owners of all or part of that property if the ownersagree to participate in conformity with the redevelopment plan adopted by thelegislative body for the area.
2. With respect to each redevelopment area, eachagency shall, before the adoption of the redevelopment plan, adopt and makeavailable for public inspection rules to implement the operation of thissection in connection with that plan.
3. Every redevelopment plan must contain provisionsfor redevelopment of the property if the owners fail to participate in theredevelopment.
(Added to NRS by 1959, 661; A 1985, 2074;
NRS
(Added to NRS by 1959, 661; A 1985, 2074)
NRS
1. Before the redevelopment plan is submitted to thelegislative body, it must be submitted to the planning commission for itsreport and recommendation and for its conformity to the master or general planfor the community. Within 30 days after a redevelopment plan is submitted to itfor consideration, the planning commission shall make and file its report andrecommendation with the agency.
2. If the planning commission recommends against theapproval of the redevelopment plan, the legislative body may adopt that plan bya two-thirds vote of its entire membership. If the planning commissionrecommends approval or fails to make any recommendation within the timeallowed, the legislative body may adopt the redevelopment plan by a majorityvote of the entire membership.
(Added to NRS by 1959, 661; A 1985, 2074)
NRS
1. The amount of open space to be provided and thelayout of streets;
2. Limitations on type, size, height, number andproposed use of buildings;
3. The approximate number of dwelling units;
4. The property to be devoted to public purposes andthe nature of those purposes;
5. Other covenants, conditions and restrictions whichthe legislative body prescribes; and
6. The proposed method of financing the redevelopmentplan in sufficient detail so that the legislative body may determine theeconomic feasibility of the plan.
(Added to NRS by 1959, 662; A 1985, 2075; 1991, 2064;1997, 2558)
NRS
(Added to NRS by 1959, 662; A 1985, 2075)
NRS
1. Acquire by gift, purchase, lease or condemnationall or part of the real property in the redevelopment area, and any personalproperty acquired in connection with that real property.
2. Issue bonds and expend the proceeds from their salein carrying out the redevelopment plan.
(Added to NRS by 1959, 662; A 1985, 2075)
NRS
1. After the formation of a redevelopment plan and itssubmission to the planning commission of the community, the agency shall submitit to the legislative body.
2. Every redevelopment plan submitted to thelegislative body must be accompanied by a report containing:
(a) The reasons for the selection of the redevelopmentarea;
(b) A description of the physical, social and economicconditions existing in the area;
(c) A description of the proposed method of financingthe redevelopment plan in sufficient detail so that the legislative body maydetermine the economic feasibility of the plan;
(d) A method or plan for the relocation of persons andfamilies temporarily or permanently displaced from housing facilities in theredevelopment area;
(e) An analysis of the preliminary plan; and
(f) The report and recommendations of the planningcommission, if any.
(Added to NRS by 1959, 662; A 1985, 2075)
NRS
1. The legislative body shall consider theredevelopment plan submitted by the agency and all evidence and testimony foror against the adoption of the plan at a public hearing, notice of which mustbe given by publication for not less than once a week for 4 successive weeks ina newspaper of general circulation published in the county in which theredevelopment area is located.
2. The notice of hearing must include:
(a) A legal description of the boundaries of the areadesignated in the redevelopment plan;
(b) A general statement of the scope and objectives ofthe plan; and
(c) A statement of the day, hour and place where anyperson:
(1) Having an objection to the proposedredevelopment plan; or
(2) Who denies the existence of blight in theproposed redevelopment area or the regularity of any of the proceedings,
may appearbefore the legislative body and show cause why the proposed plan should not beadopted.
3. Copies of the notice must be mailed to the lastknown owner of each parcel of land in the area designated in the redevelopmentplan, at his last known address as shown by the records of the assessor for thecommunity.
(Added to NRS by 1959, 662; A 1985, 2076)
NRS
(Added to NRS by 1985, 2067)
NRS
1. If the legislative body determines that:
(a) The redevelopment area includes a blighted area,the redevelopment of which is necessary to effectuate the public purposesdeclared in NRS 279.382 to
(b) The redevelopment plan would redevelop the area inconformity with NRS 279.382 to
(c) The redevelopment plan conforms to the general planof the community;
(d) The condemnation of real property, if provided forin the redevelopment plan, is necessary to the execution of the redevelopmentplan and adequate provisions have been made for payment for property to beacquired as provided by law;
(e) Adequate permanent housing is or will be madeavailable in the community for displaced occupants of the redevelopment area atrents comparable to those in the community at the time of displacement, if theredevelopment plan may result in the temporary or permanent displacement of anyoccupants of housing in the redevelopment area;
(f) All noncontiguous areas of a redevelopment area:
(1) Are blighted or necessary for effectiveredevelopment; or
(2) Satisfy the requirements set forth insubsection 4 of NRS 279.519;
(g) Inclusion of any lands, buildings or improvementswhich are not detrimental to the public health, safety or welfare is necessaryfor the effective redevelopment of the area of which they are a part; and
(h) Adequate provisions have been made for the paymentof the principal of and interest on any bonds which may be issued by theagency, if provided for in the redevelopment plan,
thelegislative body may adopt, by ordinance, the plan as the official redevelopmentplan for the redevelopment area.
2. The ordinance must:
(a) Contain a legal description of the boundaries ofthe redevelopment area covered by the redevelopment plan;
(b) Set forth the purposes and intent of thelegislative body with respect to the redevelopment area;
(c) Designate the approved plan as the officialredevelopment plan of the redevelopment area and incorporate it by reference;and
(d) Contain the determinations of the legislative bodyas set forth in subsection 1.
(Added to NRS by 1959, 663; A 1985, 2076;
NRS
1. The decision of the legislative body concerning aredevelopment area is final and conclusive, and it is thereafter conclusivelypresumed that the redevelopment area is a blighted area and that all priorproceedings have been properly and regularly taken.
2. This section does not apply in any actionquestioning the validity of any redevelopment plan, the adoption or approval ofthat plan, or any of the findings or determinations of the agency or thelegislative body in connection with that plan brought pursuant to
(Added to NRS by 1985, 2067)
NRS
(Added to NRS by 1959, 663)
NRS
(Added to NRS by 1959, 664)
NRS
1. The legislative body shall record with the countyrecorder of the county in which the redevelopment area is situated adescription of the land within the redevelopment area and a statement thatproceedings for the redevelopment of that area have been instituted.
2. Within 30 days after the adoption by thelegislative body of a redevelopment plan which contains a provision for thedivision of taxes pursuant to NRS 279.676,the clerk of the community shall transmit a copy of the description andstatement recorded pursuant to subsection 1, a copy of the ordinance adoptingthe plan and a map or plat indicating the boundaries of the redevelopment areato:
(a) The auditor and tax assessor of the county in whichthe redevelopment area is located;
(b) The officer who performs the functions of auditoror assessor for any taxing agency which, in levying or collecting its taxes,does not use the county assessment roll or collect its taxes through thecounty; and
(c) The governing body of each of the taxing agencieswhich levies taxes upon any property in the redevelopment area.
(Added to NRS by 1985, 2067; A
NRS
(Added to NRS by 1985, 2068)
NRS
(Added to NRS by 1959, 664)
NRS
1. If, at any time after the adoption of aredevelopment plan by the legislative body, the agency desires to take anaction that will constitute a material deviation from the plan or otherwisedetermines that it would be necessary or desirable to amend the plan, theagency must recommend the amendment of the plan to the legislative body. Anamendment may include the addition of one or more areas to any redevelopmentarea.
2. Before recommending amendment of the plan, theagency shall hold a public hearing on the proposed amendment. Notice of thathearing must be published at least 10 days before the date of hearing in anewspaper of general circulation, printed and published in the community, or,if there is none, in a newspaper selected by the agency. The notice of hearingmust include a legal description of the boundaries of the area designated inthe plan to be amended and a general statement of the purpose of the amendment.
3. In addition to the notice published pursuant tosubsection 2, the agency shall cause a notice of hearing on a proposedamendment to the plan to be sent by mail at least 10 days before the date of thehearing to each owner of real property, as listed in the records of the countyassessor, whom the agency determines is likely to be directly affected by theproposed amendment. The notice must:
(a) Set forth the date, time, place and purpose of thehearing and a physical description of, or a map detailing, the proposedamendment; and
(b) Contain a brief summary of the intent of theproposed amendment.
4. If after the public hearing, the agency recommendssubstantial changes in the plan which affect the master or community planadopted by the planning commission or the legislative body, those changes mustbe submitted by the agency to the planning commission for its report andrecommendation. The planning commission shall give its report and recommendationsto the legislative body within 30 days after the agency submitted the changesto the planning commission.
5. After receiving the recommendation of the agencyconcerning the changes in the plan, the legislative body shall hold a publichearing on the proposed amendment, notice of which must be published in anewspaper in the manner designated for notice of hearing by the agency. Ifafter that hearing the legislative body determines that the amendments in theplan, proposed by the agency, are necessary or desirable, the legislative bodyshall adopt an ordinance amending the ordinance adopting the plan.
6. As used in this section, material deviation meansan action that, if taken, would alter significantly one or more of the aspectsof a redevelopment plan that are required to be shown in the redevelopment planpursuant to NRS 279.572. The termincludes, without limitation, the vacation of a street that is depicted in thestreets and highways plan of the master plan described in paragraph (p) ofsubsection 1 of NRS 278.160 which hasbeen adopted for the community and the relocation of a public park. The termdoes not include the vacation of a street that is not depicted in the streetsand highways plan of the master plan described in paragraph (p) of subsection 1of NRS 278.160 which has been adoptedfor the community.
(Added to NRS by 1959, 664; A 1983, 492; 1985, 2077;
NRS
1. Any redevelopment plan or amendment to aredevelopment plan;
2. The adoption or approval of that plan or amendment;or
3. Any of the findings or determinations of the agencyor the legislative body in connection with that plan,
may only bebrought after the adoption of the plan or amendment or within 90 days after thedate of adoption of the ordinance adopting or amending the plan.
(Added to NRS by 1985, 2068)
FINANCIAL PROVISIONS
1. At any time after the agency created for anycommunity becomes authorized to transact business and exercise its powers, thelegislative body of the community may appropriate to the agency such amounts asthe legislative body deems necessary for the administrative expenses andoverhead of the agency. The money appropriated may be paid to the agency as agrant to defray the expenses and overhead, or as a loan to be repaid upon suchterms and conditions as the legislative body may provide.
2. In addition to the common understanding and usualinterpretation of the term, administrative expense includes, but is notlimited to, expenses of redevelopment planning and dissemination of redevelopedinformation.
(Added to NRS by 1959, 665)
1. Each agency transacting business and exercisingpowers under NRS 279.382 to
2. The legislative body may adopt an annual budget forthe administrative expenses of the agency in such amounts as it deems necessaryand may provide such conditions and restrictions upon the expenditure orencumbrance of the money appropriated pursuant to the budget as it deemsadvisable.
(Added to NRS by 1959, 665)
NRS
(Added to NRS by 1959, 665)
NRS
(Added to NRS by 1959, 665)
NRS
(Added to NRS by 1959, 665)
NRS
1. Securities must not be issued and no indebtednessmay be incurred in any other manner, by or on behalf of an agency to finance,in whole or in part, a redevelopment plan beyond 20 years after the date onwhich the redevelopment plan is adopted, except that an agency may enter intoleases or incur indebtedness at any time before the termination of theredevelopment plan if the leases are terminated and the indebtedness is fullyrepaid no later than the termination of the redevelopment plan. The maturitydate of any securities which are refunded must not extend beyond the date oftermination of the redevelopment plan.
2. Any securities issued by or on behalf of an agencyto finance, in whole or in part, redevelopment pursuant to
(Added to NRS by 1987, 1683; A 1997, 2559)
NRS
1. At any time after it has adopted a resolutiondeclaring that there is need for an agency to function in the community, thelegislative body may establish a redevelopment revolving fund to be kept in thetreasury of the community.
2. For the purpose of raising money to be deposited insuch fund, the legislative body may appropriate money or the community mayissue and sell general obligation bonds.
(Added to NRS by 1959, 666)
NRS
1. The community may also issue and sell its generalobligation bonds for the purpose of providing funds with which to redeem beforematurity, retire at maturity, or purchase agency bonds issued under
(a) The principal amount of agency bonds proposed to beso redeemed, retired or purchased.
(b) The estimated amount of any premiums required to bepaid in connection with the redemption or purchase of such agency bonds.
(c) The estimated amount of any due and unpaid interestor accrued interest on such agency bonds which must be paid at the time thesame are redeemed, retired or purchased.
(d) The estimated amount of all expenses incidental toor connected with the redemption, retirement or purchase of such agency bondsand the authorization, issuance and sale of such general obligation bonds.
2. All agency bonds redeemed, retired or purchasedwith the proceeds of such general obligation bonds shall be cancelled and maynot be reissued.
(Added to NRS by 1959, 666)
NRS
(Added to NRS by 1959, 666)
NRS
1. For the purposes of
2. The determination made by the legislative body isconclusive unless it is shown that the legislative body acted with fraud or agross abuse of discretion. An action to challenge the determination made by thelegislative body must be commenced within 15 days after the legislative bodysdetermination is final.
3. As used in this section, emergency means anyunexpected occurrence or combination of occurrences which requires immediateaction by the legislative body to prevent or mitigate a substantial financialloss to the community or to enable the legislative body to provide an essentialservice to the residents of the community.
(Added to NRS by 1993, 1048)
NRS
(Added to NRS by 1959, 666; A 1993, 1051)
NRS
1. By resolution of the legislative body adopted by amajority vote any money in the redevelopment revolving fund may be expendedfrom time to time for:
(a) The acquisition of real property in anyredevelopment area.
(b) The clearance, aiding in relocation of occupants ofthe site and preparation of any redevelopment area for redevelopment.
2. By resolution of the legislative body adopted by atwo-thirds vote, any money in the redevelopment revolving fund may be paid tothe agency, upon such terms and conditions as the legislative body mayprescribe for any of the following purposes:
(a) Deposit in a trust fund to be expended for theacquisition of real property in any redevelopment area.
(b) The clearance of any redevelopment area forredevelopment.
(c) Any expenses necessary or incidental to thecarrying out of a redevelopment plan which has been adopted by the legislativebody.
(Added to NRS by 1959, 667; A 1985, 2078)
NRS
1. No real or personal property, or any interesttherein, acquired or constructed in whole or in part with money from theredevelopment revolving fund may be sold or leased for an amount less than itsfair market value in accordance with any covenants and conditions governingthat sale or lease, unless the agency finds that a sale or lease for a lesserconsideration is necessary to effectuate the purposes of the redevelopmentplan.
2. All money received by the agency from the sale,lease or encumbering of property acquired with money from the redevelopmentrevolving fund in excess of the money required to repay the loans and interestthereon authorized by NRS 279.382 to
3. If any property acquired in whole or in part fromthe redevelopment revolving fund is to be sold or leased by the agency, thesale or lease must be first approved by the legislative body by resolutionadopted after public hearing. Notice of the time and place of the hearing mustbe published once in a newspaper of the community at least 1 week before thehearing. The resolution must be adopted by a majority vote unless thelegislative body has provided by ordinance for a two-thirds vote for suchpurpose.
(Added to NRS by 1959, 667; A 1981, 763; 1985, 2078)
NRS
(Added to NRS by 1959, 667)
NRS
(Added to NRS by 1959, 667)
NRS
1. An agency may issue such types of bonds as it maydetermine, including bonds on which the principal and interest are payable:
(a) Exclusively from the income and revenues of theredevelopment projects financed with the proceeds of the bonds, or with thoseproceeds together with financial assistance from the State or FederalGovernment in aid of the projects.
(b) Exclusively from the income and revenues of certaindesignated redevelopment projects whether or not they were financed in whole orin part with the proceeds of the bonds.
(c) In whole or in part from taxes allocated to, andpaid into a special fund of, the agency pursuant to the provisions of
(d) From its revenues generally.
(e) From any contributions or other financialassistance from the State or Federal Government.
(f) By any combination of these methods.
2. Any of the bonds may be additionally secured by apledge of any revenue or by an encumbrance by mortgage, deed of trust orotherwise of any redevelopment project or other property of the agency or by apledge of the taxes referred to in subsection 1.
3. Amounts payable in any manner permitted by thissection may be additionally secured by a pledge of the full faith and credit ofthe community whose legislative body has declared the need for the agency tofunction. Such additional security may only be provided upon the approval ofthe majority of the voters voting on the question at a primary or generalelection or a special election called for that purpose. In its proposal to itsvoters the governing body shall define the area to be redeveloped, the primarysource or sources of revenue first to be employed to retire the bonds and themaximum sum for which the city may pledge its full faith and credit inconnection with the bonds to be issued for the project.
(Added to NRS by 1959, 668; A 1981, 314; 1993, 1052)
NRS
1. Neither the members of an agency nor any personsexecuting the bonds are liable personally on the bonds by reason of theirissuance.
2. Unless the full faith and credit of a community ispledged, the bonds and other obligations of any agency are not a debt of thecommunity, the State or any of its political subdivisions and neither thecommunity, the State nor any of its political subdivisions is liable on them,nor in any event shall the bonds or obligations be payable out of any funds orproperties other than those of the agency; and such bonds and other obligationsshall so state on their face. Unless the full faith and credit of a communityis pledged, the bonds do not constitute an indebtedness within the meaning ofany constitutional or statutory debt limitation or restriction.
(Added to NRS by 1959, 668; A 1981, 315)
NRS
1. The agency may authorize bonds by resolution. Theresolution, trust indenture or mortgage must provide for:
(a) The issuance of the bonds in one or more series.
(b) The date the bonds will bear.
(c) The maturity dates of the bonds.
(d) The interest rate.
(e) The denomination of the bonds.
(f) Their form, either coupon or registered.
(g) The conversion or registration privileges carriedby the bonds.
(h) The rank or priority of the bonds.
(i) The manner of their execution.
(j) The medium of payment.
(k) The place of payment.
(l) The terms of redemption with or without premium towhich the bonds are subject.
2. The bonds may be sold at par, above par or belowpar in accordance with the provisions of NRS350.2012 at a:
(a) Public sale held after notice is published at leastonce at least 5 days before the sale in a newspaper of general circulationpublished in the community, or, if there is none, in a newspaper of generalcirculation published in the county; or
(b) Private sale without any advertisement or publicnotice.
(Added to NRS by 1959, 668; A 1993, 260; 1995, 155)
NRS
(Added to NRS by 1959, 669)
NRS
(Added to NRS by 1959, 669)
NRS
(Added to NRS by 1959, 669)
NRS
1. Pledge all or any part of its gross or net rents,fees or revenues to which its right then exists or may thereafter come intoexistence.
2. Encumber by mortgage, deed of trust or otherwise allor any part of its real or personal property, then owned or thereafteracquired.
(Added to NRS by 1959, 669)
NRS
1. Against pledging all or any part of its rents, feesand revenues.
2. Against encumbering all or any part of its real orpersonal property, to which its right or title then exists or may thereaftercome into existence.
3. Against permitting any lien on such revenues orproperty.
4. With respect to limitations on its right to sell,lease or otherwise dispose of all or part of any redevelopment project.
5. As to what other, or additional debts orobligations it may incur.
(Added to NRS by 1959, 669)
NRS
1. Covenant as to the bonds to be issued, as to theissuance of such bonds in escrow or otherwise, and as to the use anddisposition of the bond proceeds.
2. Provide for the replacement of lost, destroyed ormutilated bonds.
3. Covenant against extending the time for the paymentof its bonds or interest.
4. Redeem the bonds, covenant for their redemption,and provide the redemption terms and conditions.
(Added to NRS by 1959, 669)
NRS
1. Covenant as to the consideration or rents and feesto be charged in the sale or lease of a redevelopment project, the amount to beraised each year or other period of time by rents, fees and other revenues, andas to their use and disposition.
2. Create or authorize the creation of special fundsfor money held for redevelopment or other costs, debt service, reserves orother purposes, and covenant as to the use and disposition of such money.
(Added to NRS by 1959, 669)
NRS
(Added to NRS by 1959, 669)
NRS
1. As to the use of any or all of its real or personalproperty.
2. As to the maintenance of its real and personalproperty, its replacement, the insurance to be carried on it, and the use anddisposition of insurance money.
(Added to NRS by 1959, 669)
NRS
1. Covenant as to the rights, liabilities, powers andduties arising upon the breach by it of any covenant, condition or obligation.
2. Covenant and prescribe as to events of default andterms and conditions upon which any or all of its bonds or obligations becomeor may be declared due before maturity, and as to the terms and conditions uponwhich such declaration and its consequences may be waived.
(Added to NRS by 1959, 670)
NRS
1. Vest in a trustee or the holders of bonds or anyproportion of them the right to enforce the payment of the bonds or anycovenants securing or relating to the bonds.
2. Vest in a trustee the right, in the event of adefault by the agency, to take possession of all or part of any redevelopmentproject, to collect the rents and revenues arising from it and to dispose ofsuch money pursuant to the agreement of the agency with the trustee.
3. Provide for the powers and duties of a trustee andlimit his liabilities.
4. Provide the terms and conditions upon which thetrustee or the holders of bonds or any proportion of them may enforce anycovenant or rights securing or relating to the bonds.
(Added to NRS by 1959, 670)
NRS
1. Make covenants other than and in addition to thecovenants expressly authorized of like or different character.
2. Make such covenants and do any and all such actsand things as may be necessary, convenient or desirable to secure its bonds,or, except as otherwise provided in NRS279.382 to 279.685, inclusive, aswill tend to make the bonds more marketable notwithstanding that suchcovenants, acts or things may not be enumerated in
(Added to NRS by 1959, 670)
NRS
1. By mandamus, suit, action or proceeding, compel theagency and its members, officers, agents or employees to perform each and everyterm, provision and covenant contained in any contract of the agency with orfor the benefit of the obligee, and require the carrying out of any or all suchcovenants and agreements of the agency and the fulfillment of all dutiesimposed upon it by NRS 279.382 to
2. By suit, action or proceeding in equity, enjoin anyacts or things which may be unlawful, or the violation of any of the rights ofthe obligee.
(Added to NRS by 1959, 670)
NRS
1. To cause possession of all or part of anyredevelopment project to be surrendered to any such obligee.
2. To obtain the appointment of a receiver of all orpart of any redevelopment project of the agency and of the rents and profitsfrom it. If a receiver is appointed, he may enter and take possession of theredevelopment project or any part of it, operate and maintain it, collect andreceive all fees, rents, revenues or other charges thereafter arising from it,and shall keep such money in separate accounts and apply it pursuant to theobligations of the agency as the court shall direct.
3. To require the agency and its members and employeesto account as if it and they were the trustees of an express trust.
(Added to NRS by 1959, 670)
NRS
1. Except as otherwise provided in subsection 2, bondsissued pursuant to the provisions of NRS279.382 to 279.685, inclusive, areissued for an essential public and governmental purpose, and together withinterest on them and income from them are exempt from all taxes.
2. The provisions of subsection 1 do not apply to thetax on estates imposed pursuant to the provisions of
(Added to NRS by 1959, 671; A 1989, 2107; 1991, 1712)
NRS
1. Notwithstanding any restrictions on investmentscontained in any laws, the State and all public officers, municipalcorporations, political subdivisions, and public bodies, all banks, bankers,trust companies, savings banks and institutions, savings and loan associations,investment companies, and other persons carrying on a banking business, allinsurance companies, insurance associations, and other persons carrying on aninsurance business, and all executors, administrators, guardians, trustees, andother fiduciaries may legally invest any sinking funds, money or other fundsbelonging to them or within their control in any bonds or other obligationsissued by an agency. Such bonds and other obligations are authorized securityfor all public deposits.
2. It is one of the purposes of
(Added to NRS by 1959, 671; A 1983, 129)
NRS
(Added to NRS by 1959, 671)
NRS
1. Any redevelopment plan may contain a provision thattaxes, if any, levied upon taxable property in the redevelopment area each yearby or for the benefit of the State, any city, county, district or other publiccorporation, after the effective date of the ordinance approving theredevelopment plan, must be divided as follows:
(a) That portion of the taxes which would be producedby the rate upon which the tax is levied each year by or for each of the taxingagencies upon the total sum of the assessed value of the taxable property inthe redevelopment area as shown upon the assessment roll used in connectionwith the taxation of the property by the taxing agency, last equalized beforethe effective date of the ordinance, must be allocated to and when collectedmust be paid into the funds of the respective taxing agencies as taxes by orfor such taxing agencies on all other property are paid. To allocate taxeslevied by or for any taxing agency or agencies which did not include theterritory in a redevelopment area on the effective date of the ordinance but towhich the territory has been annexed or otherwise included after the effectivedate, the assessment roll of the county last equalized on the effective date ofthe ordinance must be used in determining the assessed valuation of the taxableproperty in the redevelopment area on the effective date. If property which wasshown on the assessment roll used to determine the amount of taxes allocated tothe taxing agencies is transferred to the State and becomes exempt fromtaxation, the assessed valuation of the exempt property as shown on theassessment roll last equalized before the date on which the property wastransferred to the State must be subtracted from the assessed valuation used todetermine the amount of revenue allocated to the taxing agencies.
(b) Except as otherwise provided in paragraphs (c) and(d) and NRS 540A.265, that portion ofthe levied taxes each year in excess of the amount set forth in paragraph (a)must be allocated to and when collected must be paid into a special fund of theredevelopment agency to pay the costs of redevelopment and to pay the principalof and interest on loans, money advanced to, or indebtedness, whether funded, refunded,assumed, or otherwise, incurred by the redevelopment agency to finance orrefinance, in whole or in part, redevelopment. Unless the total assessedvaluation of the taxable property in a redevelopment area exceeds the totalassessed value of the taxable property in the redevelopment area as shown bythe assessment roll last equalized before the effective date of the ordinanceapproving the redevelopment plan, less the assessed valuation of any exemptproperty subtracted pursuant to paragraph (a), all of the taxes levied andcollected upon the taxable property in the redevelopment area must be paid intothe funds of the respective taxing agencies. When the redevelopment plan isterminated pursuant to the provisions of NRS279.438 and 279.439 and all loans,advances and indebtedness, if any, and interest thereon, have been paid, allmoney thereafter received from taxes upon the taxable property in theredevelopment area must be paid into the funds of the respective taxingagencies as taxes on all other property are paid.
(c) That portion of the taxes in excess of the amountset forth in paragraph (a) that is attributable to a tax rate levied by ataxing agency to produce revenues in an amount sufficient to make annualrepayments of the principal of, and the interest on, any bonded indebtednessthat was approved by the voters of the taxing agency on or after November 5,1996, must be allocated to and when collected must be paid into the debtservice fund of that taxing agency.
(d) That portion of the taxes in excess of the amountset forth in paragraph (a) that is attributable to a new or increased tax ratelevied by a taxing agency and was approved by the voters of the taxing agencyon or after November 5, 1996, must be allocated to and when collected must bepaid into the appropriate fund of the taxing agency.
2. Except as otherwise provided in subsection 3, inany fiscal year, the total revenue paid to a redevelopment agency must notexceed:
(a) In a municipality whose population is 100,000 ormore, an amount equal to the combined tax rates of the taxing agencies for thatfiscal year multiplied by 10 percent of the total assessed valuation of themunicipality.
(b) In a municipality whose population is 25,000 ormore but less than 100,000, an amount equal to the combined tax rates of thetaxing agencies for that fiscal year multiplied by 15 percent of the totalassessed valuation of the municipality.
(c) In a municipality whose population is less than25,000, an amount equal to the combined tax rates of the taxing agencies forthat fiscal year multiplied by 20 percent of the total assessed valuation ofthe municipality.
If therevenue paid to a redevelopment agency must be limited pursuant to paragraph(a), (b) or (c) and the redevelopment agency has more than one redevelopmentarea, the redevelopment agency shall determine the allocation to each area. Anyrevenue which would be allocated to a redevelopment agency but for theprovisions of this section must be paid into the funds of the respective taxingagencies.
3. The taxing agencies shall continue to pay to aredevelopment agency any amount which was being paid before July 1, 1987, andin anticipation of which the agency became obligated before July 1, 1987, torepay any bond, loan, money advanced or any other indebtedness, whether funded,refunded, assumed or otherwise incurred.
4. For the purposes of this section, the assessmentroll last equalized before the effective date of the ordinance approving theredevelopment plan is the assessment roll in existence on March 15 immediatelypreceding the effective date of the ordinance.
(Added to NRS by 1959, 671; A 1981, 315, 763, 764;1983, 493; 1987, 1684; 1989, 1105, 1747; 1991, 1044; 1993, 258; 1995, 1460;1997, 1339, 2559, 2571; 2003,528; 2003,20th Special Session, 288)
NRS
(Added to NRS by 1959, 672)
NRS
(Added to NRS by 1959, 672; A 1981, 765;
NRS
(Added to NRS by
NRS
1. Except asotherwise provided in this section, an agency of a city whose population is300,000 or more that receives revenue from taxes pursuant to paragraph (b) ofsubsection 1 of NRS 279.676 shall setaside not less than 15 percent of that revenue received on or before October 1,1999, and 18 percent of that revenue received after October 1, 1999, toincrease, improve and preserve the number of dwelling units in the communityfor low-income households.
2. Theobligation of an agency to set aside not less than 15 percent of the revenuefrom taxes allocated to and received by the agency pursuant to paragraph (b) ofsubsection 1 of NRS 279.676 issubordinate to any existing obligations of the agency. As used in thissubsection, existing obligations means the principal and interest, when due,on any bonds, notes or other indebtedness whether funded, refunded, assumed orotherwise incurred by the agency before July 1, 1993, to finance or refinancein whole or in part, the redevelopment of a redevelopment area. For thepurposes of this subsection, obligations incurred by an agency after July 1,1993, shall be deemed existing obligations if the net proceeds are used torefinance existing obligations of the agency.
3. Theobligation of an agency to set aside an additional 3 percent of the revenuefrom taxes allocated to and received by the agency pursuant to paragraph (b) ofsubsection 1 of NRS 279.676 issubordinate to any existing obligations of the agency. As used in thissubsection, existing obligations means the principal and interest, when due,on any bonds, notes or other indebtedness whether funded, refunded, assumed orotherwise incurred by the agency before October 1, 1999, to finance orrefinance in whole or in part, the redevelopment of a redevelopment area. Forthe purposes of this subsection, obligations incurred by an agency afterOctober 1, 1999, shall be deemed existing obligations if the net proceeds areused to refinance existing obligations of the agency.
4. The agency may expend or otherwise commit money forthe purposes of subsection 1 outside the boundaries of the redevelopment area.
(Added to NRS by 1993, 1328; A
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