2005 Nevada Revised Statutes - Chapter 326 — Possessory Actions Concerning Public Lands

CHAPTER 326 - POSSESSORY ACTIONS CONCERNINGPUBLIC LANDS

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS ON PUBLIC LANDS

NRS 326.005 Suspensionof NRS 326.010 to 326.070, inclusive, until action by Legislature.

NRS 326.010 Commencementand maintenance of action for interference with possession of public landsoccupied for grazing or agricultural purposes; mining rights.

NRS 326.020 Sizeof claim and other conditions necessary to maintain action.

NRS 326.030 Survey;recording of certified plat.

NRS 326.040 Improvements:Time limited; value.

NRS 326.050 Authorizedabsence of claimant without occupancy: Payment and disposition of fees.

NRS 326.060 Proofof actual enclosure not required on trial.

NRS 326.070 Adverseentrant guilty of unlawful entry; proceedings for removal.

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS BY APPLICANTSAND CONTRACTORS TO PURCHASE PUBLIC LANDS

NRS 326.080 Rightto exclusive possession in applicant or contractor.

NRS 326.090 Rightof contractor or applicant to maintain or defend action concerning possession.

NRS 326.100 Prospectingand mining authorized.

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MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS ON PUBLICLANDS

NRS 326.005 Suspensionof NRS326.010 to 326.070, inclusive, until action byLegislature. Notwithstanding the provisions ofNRS 326.010 to 326.070, inclusive, no person may occupy orsettle on any public lands in this state or bring and maintain any actionpursuant to those provisions, and no state or county officer or employee mayperform any duty required under those provisions, until the Legislature byconcurrent resolution authorizes the resumption of those occupations, settlementsand actions and the resumption of those duties.

(Added to NRS by 1981, 1548)

NRS 326.010 Commencementand maintenance of action for interference with possession of public landsoccupied for grazing or agricultural purposes; mining rights.

1. Any person legally occupying and settled upon, orwho may hereafter occupy or settle upon, any of the public lands in this state,for the purpose of cultivating or grazing the same, may commence and maintainan action for interference with or injuries done to his possession of suchland, against any person or persons so interfering with or injuring such landor possession.

2. If the lands so occupied and possessed containmines of any of the precious metals, the possession or claim of the person orpersons occupying the same for grazing or agricultural purposes shall notpreclude the working of such mines by any person or persons desiring so to do,as fully and unreservedly as they might or could do had no possession or claimbeen made for grazing or agricultural purposes.

[1:95:1865; B 78; BH 3738; C 3814; RL 5849;NCL 9432]

NRS 326.020 Sizeof claim and other conditions necessary to maintain action. No person shall be entitled to maintain an action forpossession of or injury to any claim as provided in NRS 326.010 unless:

1. The claim contains 160 acres or less and does notcontain more than 160 acres.

2. The claim has been surveyed and marked by metes andbounds so that the boundaries may be readily traced and the extent of the claimeasily known.

3. The claimant occupies the claim.

4. The claimant has complied with the provisions of NRS 326.030 and 326.040.

[2:95:1865; B 79; BH 3739; C 3815; RL 5850;NCL 9433]

NRS 326.030 Survey;recording of certified plat. Any personclaiming any of the public lands in this state shall:

1. Have the same surveyed by the county surveyor ofthe county in which the lands are situated.

2. Have the plat of such survey duly certified to bythe county surveyor.

3. Have the plat recorded in the office of the countyrecorder.

4. Take and subscribe his affidavit that he has takenno other claim under the provisions of NRS326.010 to 326.070, inclusive, andthat, to the best of his knowledge and belief, the lands are not claimed underany existing title.

[3:95:1865; B 80; BH 3740; C 3816; RL 5851;NCL 9434]

NRS 326.040 Improvements:Time limited; value. Within 90 days after thedate of record, the person recording is required to improve the lands thus recordedto the value of $200, by putting such improvements thereon as shall partake ofthe realty, unless such improvements shall have been made prior to theapplication for survey and record, according to NRS 326.030.

[4:95:1865; B 81; BH 3741; C 3817; RL 5852;NCL 9435]

NRS 326.050 Authorizedabsence of claimant without occupancy: Payment and disposition of fees.

1. At any time after the provisions of NRS 326.020, 326.030 and 326.040 have been complied with, the personso complying may absent himself from such claim, without being required tooccupy the same, for a period of not more than 12 months; but the person sowishing to absent himself shall first pay to the county treasurer of the countyin which the claim is situated the sum of $15. Upon such payment, the countytreasurer shall issue a receipt for the same, and at any time within 12 monthsafter the date thereof the receipt shall be received as prima facie evidence ofpossession in any court having jurisdiction in such cases.

2. Any person absenting himself from a claim for alonger period than 60 days without first paying the sum provided in subsection1 forfeits his claim to the lands.

3. The amount paid to any county treasurer under theprovisions of this section shall be paid by the county treasurer into thegeneral fund of the county.

[5:95:1865; B 82; BH 3742; C 3818; RL 5853;NCL 9436](NRS A 1971, 204; 1977, 561)

NRS 326.060 Proofof actual enclosure not required on trial. Onthe trial of any such causes, the possession or possessory right of theplaintiff shall be considered as extending to the boundaries embraced in thesurvey so as to enable him, according to NRS326.030, to have and maintain an action without being compelled to prove anactual enclosure.

[6:95:1865; B 83; BH 3734; C 3819; RL 5854;NCL 9437]

NRS 326.070 Adverseentrant guilty of unlawful entry; proceedings for removal.

1. All lands in this state shall be deemed andregarded as public lands until the legal title is known to have passed from thegovernment to private persons.

2. Every person who shall have complied with theprovisions of NRS 326.010 to 326.070, inclusive, shall be deemed andheld to have the right or title of possession of all the lands embraced withinthe survey, not to exceed 160 acres; and any person who shall thereafter,without the consent of the person so complying, enter into or upon such landsadversely, shall be deemed and held guilty of an unlawful and fraudulent entrythereon, and may be removed therefrom by proceedings had before any justice ofthe peace of the township in which the lands are situated. Such proceedings maybe commenced and prosecuted under the provisions of NRS 40.220 to 40.420, inclusive, and all the provisionscontained in those sections are made applicable to proceedings under NRS 326.010 to 326.070, inclusive.

[7:95:1865; A 1869, 72; B 84; BH 3744; C 3820;RL 5855; NCL 9438]

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS BY APPLICANTSAND CONTRACTORS TO PURCHASE PUBLIC LANDS

NRS 326.080 Rightto exclusive possession in applicant or contractor. Everyperson who has applied to the State of Nevada to purchase any land from theState, or who has contracted with the State of Nevada for such purchase, or whomay hereafter apply to or contract with the State of Nevada, in good faith, forthe purchase of any of its public land, and who has paid or shall pay to theproper state officers the amount of money requisite under such application orcontract, shall be deemed and held to have the right to the exclusivepossession of the land described in such application or contract, provided noactual adverse possession thereof existed in another at the date of the application.

[1:133:1887; C 325; RL 3224; NCL 5542]

NRS 326.090 Rightof contractor or applicant to maintain or defend action concerning possession.

1. Every person who has contracted with the State ofNevada, in good faith, to purchase any land from the State shall be entitled tomaintain or defend an action at law or in equity concerning such land or itspossession, which may be maintained or defended by persons who own land in fee.

2. Every person who has applied or may hereafter applyto the State of Nevada, in good faith, to purchase any land from the State, andhas paid or shall pay the amount of money which may be required under suchapplication to the proper state officer, shall be deemed and held to have theright to the exclusive possession of such land, and shall be entitled tomaintain and defend an action at law or in equity, concerning such land or thepossession thereof, which may be maintained or defended by persons who own landin fee, provided no actual adverse possession of such land existed in anotherat the date of such application.

[2:133:1887; C 326; RL 3225; NCL 5543]

NRS 326.100 Prospectingand mining authorized. Nothing contained in NRS 326.080 and 326.090 shall be so construed as to preventany person or persons from entering upon such lands for the purpose ofprospecting for any of the precious metals, or to prevent the free and economicalworking of any mine which may be discovered therein.

[3:133:1887; C 327; RL 3226; NCL 5544]

 

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