2005 Nevada Revised Statutes - Chapter 325 — Municipalities Located on Public Lands

CHAPTER 325 - MUNICIPALITIES LOCATED ONPUBLIC LANDS

TOWNSITES ON PUBLIC LANDS

NRS 325.010 Entryby corporate authorities or district judge in trust for occupants; conveyanceof title.

NRS 325.020 Recordingof certificate of entry or patent; proof of payment of taxes not required.

NRS 325.030 Conveyanceof title by corporate authorities or district judge: Grantees rights;execution and acknowledgment of deeds.

NRS 325.040 Noticeof receipt of patent by corporate authorities or district judge: Contents;publication; posting.

NRS 325.050 Claimantsto sign and deliver written statements describing claimed lands; effect offailure to act; exceptions.

NRS 325.060 Conteston adverse claims by two or more persons: Proceedings certified to districtcourt; appeal; conveyance after final determination.

NRS 325.070 Feesimple deeds to be executed and delivered by trustees on payment of purchasemoney and expenses; deeds to minors and insane persons.

NRS 325.080 Saleof unclaimed land; disposition of proceeds.

NRS 325.090 Saleor lease of unclaimed land; disposition of proceeds.

NRS 325.100 Surveyof townsite: Expenses.

NRS 325.110 Trustees:Discharge of trust after going out of office; assumption of trust bysuccessors.

SETTLEMENT OF ADVERSE CLAIMS

NRS 325.120 Exclusiveprocedure for determining adverse claims or clouds on title.

NRS 325.130 Establishmentor confirmation of claim: Filing of statement with clerk of district court; contents;fees.

NRS 325.140 Noticeof claim: Contents; publication; posting; statements by adverse claimants.

NRS 325.150 Prioradverse claim barred on execution and delivery of deed.

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TOWNSITES ON PUBLIC LANDS

NRS 325.010 Entryby corporate authorities or district judge in trust for occupants; conveyanceof title. When the corporate authorities ofany city or town, or the judge of the district court for any county in thisstate in which any unincorporated town is situated, shall have entered at theproper office of the Bureau of Land Management the land, or any part of theland, settled and occupied as the site of such city or town, pursuant to and byvirtue of the Act of Congress entitled An act for the relief of theinhabitants of cities and towns upon the public lands, approved March 2, 1867(43 U.S.C. 718 to 723, inclusive), the corporate authorities or the judge ofthe district court shall dispose of and convey the title to such lands, or tothe several blocks, lots, parcels or shares thereof, to the persons specifiedin this chapter.

[1:28:1869; B 3856; BH 411; C 339; RL 1980;NCL 2905]

NRS 325.020 Recordingof certificate of entry or patent; proof of payment of taxes not required.

1. Whenever the corporate authorities or the judge ofthe district court shall have received a certificate of entry, patent or otherevidence of title to the real property embraced within the limits of any cityor town, the corporate authorities or the judge of the district court shallcause the same to be recorded in the land records of the proper county.

2. A certificate of entry, patent or other evidence oftitle shall be recorded by the county recorder; and to entitle the certificateof entry, patent or other evidence of title to be recorded it shall not benecessary to present or make, nor shall the county recorder require, any oathor affirmation that all or any part of the taxes for county and state purposes,assessed, due or payable upon the real property, have been paid.

[1:9:1875; BH 423; C 351; RL 1992; NCL 2917]

NRS 325.030 Conveyanceof title by corporate authorities or district judge: Grantees rights;execution and acknowledgment of deeds.

1. Any corporate authorities, the judge of thedistrict court holding the title to any land in trust, as declared in 43 U.S.C. 718 to 723, inclusive, or any one of his successors in office shall, by agood and sufficient deed of conveyance, grant and convey the title to eachblock, lot, share or parcel of the same to the person or persons who shallhave, possess or be entitled to the right of possession or occupancy thereof,according to his or their several and respective rights or interests in thesame, as they existed in law or equity at the time of the entry of such lands,or to his or their heirs or assigns.

2. When any parcel or share of such lands shall beoccupied or possessed by one or more persons claiming the same by grant, leaseor sale from one or more other persons, the respective rights and interests ofsuch persons, in relation to each other, in the same, shall not be changed orimpaired by any such conveyance.

3. Every deed of conveyance made by any corporateauthorities or the judge of the district court, pursuant to the provisions ofthis chapter, shall be so executed and acknowledged as to admit the same to berecorded.

[2:28:1869; B 3857; BH 412; C 340; RL 1981;NCL 2906](NRS A 1969, 154)

NRS 325.040 Noticeof receipt of patent by corporate authorities or district judge: Contents;publication; posting.

1. Within 90 days after the receipt by the corporateauthorities or the judge of the district court of a patent for such lands, thecorporate authorities or the judge of the district court entering the landsshall give public notice thereof by:

(a) Publication of a notice once a week for at least 6successive weeks or 30 days daily in a newspaper printed and published in thecounty in which such city or town is situated, but if no newspaper is printedand published in the county, publication of the notice shall be made in somenewspaper printed and published in Carson City, Nevada; and

(b) Posting notices in six of the most public places inthe city or town for 30 days.

2. The notice shall contain a correct description ofthe lands so entered as the same is stated in the patent.

[3:28:1869; A 1871, 163; B 3858; BH 413; C 341;RL 1982; NCL 2907]

NRS 325.050 Claimantsto sign and deliver written statements describing claimed lands; effect offailure to act; exceptions.

1. Within 6 months after the first publication of thenotice provided for in NRS 325.040, eachperson, company, corporation or association claiming to be an occupant oroccupants, or to have, possess or be entitled to the right of occupancy or possessionof such lands, or any block, lot, share or parcel thereof, shall, in person orby his or its duly authorized attorney, sign a written statement containing acorrect description of the particular parcel or parts in which he or it claimsto be entitled to receive, and deliver the same to, or into the office of, thecorporate authorities or the judge of the district court.

2. All applications for conveyances under this chapterfor the benefit of minors and insane persons shall be made by the guardian ortrustee of such minor or insane person. All applications for such conveyancesfor the benefit of married women may be made by their husbands, if in thisstate, but in case of the absence of the husband from this state or his refusalto make such application, then a married woman may apply in her own name.

3. Except as provided in subsection 4 and in NRS 325.130, all persons, companies,corporations or associations or their heirs, successors or assigns failing tosign and deliver such statement within the time specified in subsection 1 shallbe forever debarred the right of claiming or recovering such lands or anyinterest or entail therein, or in any part, parcel or share thereof, in anycourt of law or equity.

4. The bar to the right of claiming or recovering suchlands or any interest or entail therein as provided in subsection 3 shall notapply to minors or insane persons.

[4:28:1869; A 1871, 163; B 3859; BH 414; C 342;RL 1983; NCL 2908](NRS A 1969, 155)

NRS 325.060 Conteston adverse claims by two or more persons: Proceedings certified to districtcourt; appeal; conveyance after final determination.

1. Should two or more persons, companies, corporationsor associations claim adversely the title to any lot, lots or parcels of landwithin the boundaries of such city or town, the corporate authorities, thejudge of the district court having entered the same, or any one of hissuccessors in office shall, immediately after the time for filing claims hasexpired, either by force of NRS 325.050or 325.140, certify and transmit allproceedings and papers had or being before them or him in the premises to thedistrict court of the county in which the lot, lots or parcels of land aresituated.

2. Upon the receipt of the papers and proceedings,properly certified, and upon payment of court fees and costs, the clerk of thedistrict court shall:

(a) Enter the case upon the register of actions. Thename of the claimant whose claim was first filed with and by the corporateauthorities or the judge of the district court shall be entered upon theregister of actions as plaintiff, and the name or names of the other claimantor claimants who filed adversely shall be entered as defendant or defendants.

(b) Serve upon each claimant or his agent or attorney awritten notice that the claim of such claimant is contested. The notice shallspecify the particular lot, block or parcel so contested and the name of theadverse claimant.

Thereafter,the cause shall proceed in all respects as in cases originally brought in thedistrict court.

3. Any party in the action deeming himself aggrievedby the determination or judgment of the district court may appeal therefrom tothe supreme court, as in other cases.

4. Upon the final determination of the contest, theclerk of the district court or the clerk of the supreme court, as the case maybe, forthwith shall certify the decision to the corporate authorities or thejudge of the district court. Upon receipt of the decision, duly certified, thecorporate authorities or the judge of the district court shall, as in othercases, make out, execute and deliver to the party or parties in whose favor thedecision is made a conveyance in fee simple for the lot, lots or parcels ofland awarded in the decision.

[5:28:1869; B 3860; BH 415; C 343; RL 1984;NCL 2909] + [6:28:1869; B 3861; BH 416; C 344; RL 1985; NCL 2910](NRS A 1969, 155)

NRS 325.070 Feesimple deeds to be executed and delivered by trustees on payment of purchasemoney and expenses; deeds to minors and insane persons.

1. After the issuance of the patent for such lands,the corporate authorities, the judge of the district court to whom the patenthas been issued or any one of his successors in office shall make out, executeand deliver to each person, company, corporation or association who may belegally entitled to the same, as provided in NRS325.050, 325.090 or 325.130, or as determined under theprovisions of NRS 325.060, a deed in feesimple for such part or parts, or lot or lots, of land on payment of:

(a) His or its proper and due proportion of thepurchase money for such land, together with his or its proportion of such sumsas may be necessary to pay for streets, alleys, squares and public grounds,which shall not exceed 50 cents for each lot; and

(b) Such further sums as shall be a reasonablecompensation for:

(1) Executing and acknowledging such deed, notexceeding the sum of $3 for the first lot and $1 for each additional lotclaimed by the same owner.

(2) Counsel fees and, where determined, moneysexpended in the acquisition of the title and the administration of the trust,including reasonable charges for time and services while employed in suchtrust, not exceeding the sum of $1 for each lot. No estimate shall be made forcounsel fees unless the same shall have been actually and necessarily expended.

2. The charges specified in subsection 1 shall be fullpayment for all expenses attending the execution except for revenue stamps.

3. Deeds made under the provisions of this chapter forthe benefit of minors and insane persons shall be to the guardian or trustee ofsuch minor or insane person, as the case may be, in trust for such minor orinsane person.

[7:28:1869; A 1871, 163; B 3862; BH 417; C 345;RL 1986; NCL 2911](NRS A 1965, 83; 1969, 156)

NRS 325.080 Saleof unclaimed land; disposition of proceeds. Alllots, blocks, shares or parcels of land within the boundaries of the city ortown which shall not have been claimed as provided in NRS 325.050 or 325.130 shall, after the limitationprovided in NRS 325.050 or 325.140 has expired, be sold and theproceeds of such sale disposed of as provided in NRS 325.090.

[2:9:1875; BH 424; C 352; RL 1993; NCL 2918](NRS A 1969, 156)

NRS 325.090 Saleor lease of unclaimed land; disposition of proceeds.

1. If any lot, block, share or parcel of such land isnot claimed as provided in NRS 325.050or 325.130, such land shall be sold tothe highest bidder, after notice as required in NRS 325.140. The net proceeds, afterdeduction of all legitimate expenses, shall be applied to the construction andequipment of public buildings, highways, water, light or sewerage systems forthe city or town within which the land is situated.

2. The corporate authorities or the judge of thedistrict court are further empowered to lease, for a term not exceeding 10years, upon such conditions as appear reasonable, any lots, blocks, shares orparcels of land, including areas dedicated as streets and alleys, whenever itshall be made to appear by verified petition and public hearing thereon, afternotice as required in NRS 325.040, thatsuch procedure is for the best interests of the city or town. Such lease mayinclude the right to remove any and all mineral-bearing rock and earthcontained within such leased area.

[8:28:1869; A 1877, 186; 1927, 109; NCL 2912](NRSA 1969, 157)

NRS 325.100 Surveyof townsite: Expenses. In all cases where itshall become necessary, in the opinion of the citizens of the town, to make asurvey of any townsite for the purpose of identifying or locating the lots,blocks, squares, streets or alleys contained within the limits of the townsite,the costs of the survey shall be paid to the trustees to defray the expenses ofthe survey. The costs shall be paid by the claimants pro rata.

[5:82:1871; B 3866; BH 421; C 349; RL 1990;NCL 2915](NRS A 1959, 183)

NRS 325.110 Trustees:Discharge of trust after going out of office; assumption of trust bysuccessors.

1. Any corporate authorities or the judge of thedistrict court becoming a trustee under 43 U.S.C. 718 to 723, inclusive, whoshall, prior to the final execution of their trust, as provided in thischapter, go out of office, are empowered to discharge and execute all trustswhich they may have assumed, in all respects in the same manner and subject tothe same duties and requirements as if they had continued in office.

2. In case of death, 90 days absence from this state,or other disability of the trustees to execute the trust created by 43 U.S.C. 718 to 723, inclusive, it shall be lawful for the corporate authorities orthe judge of the district court of the county in which any such city or town issituated, who may succeed the trustee in office, to assume the trust, and he orthey are empowered to execute the same in all respects in the same manner andsubject to all the duties and requirements as provided in this chapter.

3. Any district judge who carries out any of thefunctions or exercises any of the powers which are provided in this chapterdoes so with the same measure of authority as that which was conferred upon thecorporate authorities or the judge of the district court who entered the landspursuant to 43 U.S.C. 718 to 723, inclusive.

[9:28:1869; B 3864; BH 419; C 347; RL 1988;NCL 2913] + [6:82:1871; B 3867; BH 422; C 350; RL 1991; NCL 2916](NRS A 1969, 157)

SETTLEMENT OF ADVERSE CLAIMS

NRS 325.120 Exclusiveprocedure for determining adverse claims or clouds on title. Where adverse claims, clouds upon the title or otherdifficulties associated with or attributable to deficiencies in land title havebeen asserted or are otherwise related to the claim of title to or interest inany part of the land in any county settled and occupied as the site of a cityor town upon public land, pursuant to 43 U.S.C. 718 to 723, inclusive, theprocedure provided in this chapter is the exclusive means of determining suchclaims of title or interest.

(Added to NRS by 1969, 153)

NRS 325.130 Establishmentor confirmation of claim: Filing of statement with clerk of district court;contents; fees.

1. Any person, company, corporation or associationthat claims any right, title or interest in any block, lot, share or parcel ofland situate in any townsite which has been entered or patented pursuant to 43U.S.C. 718 to 723, inclusive, and that desires to establish or confirm hisor its claim shall, in person or by his or its duly authorized attorney, file averified statement in the office of the clerk of the district court for thecounty in which such land is located.

2. The written statement shall contain but shall notbe limited to:

(a) An accurate and complete property description.

(b) An account of the nature and extent of theclaimants interest in or title to such land.

3. The statement shall be accompanied by such fees asthe judge or the clerk of the court may request to defray the cost ofpublication and posting as provided in NRS325.140.

(Added to NRS by 1969, 154)

NRS 325.140 Noticeof claim: Contents; publication; posting; statements by adverse claimants.

1. Upon the filing of any statement and upon receiptof the accompanying fee, the district judge shall cause notice of the claim tobe made by both of the following methods:

(a) Publication of the notice at least once a week for4 successive weeks in a newspaper of general circulation, which is published inthe county in which the land is situate. If no newspaper is published in thatcounty, publication must be made in a newspaper of general circulation in thecounty.

(b) Posting a copy of the notice in three public placesin the townsite and in a conspicuous place on the property described in theclaim for 30 days.

2. The notice must contain but, without limitation:

(a) The name of the claimant.

(b) The interest or title claimed.

(c) A complete and accurate description of theproperty.

(d) A statement containing the provisions of subsection3.

3. Any adverse claimant must file a verified statementin the office of the clerk of the district court not later than 30 days fromthe last publication or 30 days from the posting of the notice provided insubsection 2, whichever is later.

4. No adverse claim, for the purposes of this section,may be asserted in any way other than that provided in subsection 3.

(Added to NRS by 1969, 154; A 1985, 273)

NRS 325.150 Prioradverse claim barred on execution and delivery of deed. Upon the execution and delivery of the deed, as providedin NRS 325.070, any prior adverse claimor interest in the property conveyed thereby is forever barred.

(Added to NRS by 1969, 154)

 

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