2005 Nevada Revised Statutes - Chapter 404 — Road Districts

CHAPTER 404 - ROAD DISTRICTS

COUNTIES POLLING LESS THAN 1,800 VOTES

NRS 404.010 Creationand disorganization.

NRS 404.020 Sourcesof road fund.

NRS 404.030 Expenditureof money from road fund.

NRS 404.040 Dispositionof road fund at end of year or upon disorganization of district.

NRS 404.050 Procedurefor opening, changing or vacating public road.

NRS 404.060 Procedurefor condemnation of property for new road or changing location of road.

COUNTIES POLLING 1,800 TO 2,999 VOTES

NRS 404.070 Establishmentand designation.

NRS 404.075 Levyof property tax for maintenance and repair of roads.

NRS 404.080 Roadsupervisor: Appointment.

NRS 404.090 Roadsupervisor: Compensation.

NRS 404.100 Roadsupervisor: Duties.

NRS 404.110 Roadsupervisor prohibited from using or contracting for use of truck or equipmentowned by him or relative; exception.

NRS 404.115 Loanor lease of districts equipment for maintenance.

COUNTIES POLLING 3,000 OR MORE VOTES

NRS 404.120 Establishmentand designation.

NRS 404.130 Roadsupervisor: Appointment; compensation.

NRS 404.140 Roadsupervisor: Oath and bond.

NRS 404.150 Roadsupervisor: Duties.

NRS 404.160 Roadsupervisor prohibited from using or contracting for use of truck or equipmentowned by him or relative; exception.

ROAD INSPECTORS

NRS 404.170 Creationof office; appointment.

NRS 404.180 Compensation.

NRS 404.190 Duties.

NRS 404.200 Compensationof other persons.

NRS 404.210 Dayswork on public roads.

REESTABLISHMENT OF BOUNDARIES

NRS 404.220 Reestablishmentby county commissioners.

NRS 404.230 Newboundaries to conform to surveys of United States Government.

NRS 404.240 Newboundaries to include property and residences within district beforereestablishment.

NRS 404.250 Reestablishmentof boundaries for welfare of county.

_________

COUNTIES POLLING LESS THAN 1,800 VOTES

NRS 404.010 Creationand disorganization.

1. Whenever a majority of the taxpayers of anytownship or townships in any county polling less than 1,800 votes at the lastgeneral election, whose names shall appear on the last previous assessmentroll, shall petition the board of county commissioners to divide such townshipor townships into a road district or districts, the board of countycommissioners shall:

(a) Divide the township or townships and create suchroad district or districts.

(b) Fix the boundaries of the road district ordistricts and have the same recorded.

2. When a road district is once created it shallremain the same and have the rights and be subject to the duties given andimposed by NRS 404.010 to 404.060, inclusive, until a majority of thetaxpayers of the road district shall petition the board of county commissionersto disorganize the district. Upon receipt of such a petition, the board ofcounty commissioners shall disorganize the road district.

[Part 1:101:1875; A 1877, 141; BH 447; C 476; RL 3011; NCL 5399]

NRS 404.020 Sourcesof road fund.

1. When the board of county commissioners deems itexpedient, the board may levy a property tax not to exceed one-fourth of 1percent on all the property in the county, annually, to be levied, assessed andcollected as other taxes, and assigned by the board of county commissioners tothe road funds of the several road districts, as the board may deem for thebest interest of the county.

2. When a majority of the property owners of any roaddistrict shall petition the board of county commissioners for an additionalspecial tax for the benefit of the road district, the board of countycommissioners shall levy a tax on all property within the district, at a ratenot to exceed $3 on each $1,000 valuation, which shall be paid into the countytreasury for the road fund of the district.

[8:101:1875; A 1877, 141; BH 454; C 478; RL 3014; NCL 5402](NRS A 1967, 32; 1969, 237)

NRS 404.030 Expenditureof money from road fund.

1. The moneys constituting the road fund of the roaddistrict may be used in the payment of demands allowed on the road fund by theboard of county commissioners, including building and repairing bridges, aqueductsand highways of the district to which the fund belongs.

2. No money shall be drawn from the road fund withoutthe order and approval of the board of county commissioners.

[Part 7:101:1875; BH 453; RL 3013; NCL 5401]

NRS 404.040 Dispositionof road fund at end of year or upon disorganization of district. All moneys remaining in the road fund belonging to anyroad district at the end of every year, or belonging to any road district thatmay disorganize as provided in NRS 404.010,may, on petition of a majority of the taxpayers therein, be applied by theboard of county commissioners to the building of any bridge or specialimprovement of any highway in the road district or the county in which the roaddistrict is situated; or, upon petition, the moneys may be transferred to thecounty school district fund and applied to the public schools of the countyschool district.

[5:101:1875; BH 451; C 477; RL 3012; NCL 5400](NRS A 1971, 524)

NRS 404.050 Procedurefor opening, changing or vacating public road.

1. At any time when a majority of the residenttaxpayers of a road district, according to the last previous assessment roll,petitions the board of county commissioners for the location, opening forpublic use, establishment, change or vacation of any public road or highway, orroad to connect with any highway or any street or alley in any unincorporatedtown in the county, setting forth in the petition the beginning, course andtermination of such road, highway, street or alley proposed to be located andopened for public use, established, changed or vacated, together with the namesof the owner or owners of the land through which the same will pass, the petitionmay be presented to the county clerk of the county. The county clerk shall laythe petition before the board of county commissioners at the next meeting ofthe board after the reception of the petition.

2. Within 30 days thereafter, the board of countycommissioners shall proceed to locate, open to public use, establish, change orvacate such road, highway, street or alley.

[Part 10:101:1875; A 1877, 141; 1895, 35; C 479; RL 3015; NCL 5403](NRS A 1977, 1526)

NRS 404.060 Procedurefor condemnation of property for new road or changing location of road. Before opening any new road, street or alley, or changingthe same through private property, such property shall be condemned for publicuse as follows:

1. The board of county commissioners shall appoint onedisinterested person, and the owners or agents of the land through which thehighway may run shall select another disinterested person. The two personsshall proceed to view such road, street or alley, and shall ascertain and makeestimates of damages done to any property through which the highway may belocated, changed or vacated, after deducting any advantage arising from suchlocation, change or vacation of such road, street or alley, to the owner orowners of such property.

2. If the owner or owners shall refuse or neglect, fora period of 10 days after receiving notice from the board of countycommissioners of its appointment, to appoint a person on their part, the boardof county commissioners shall appoint such a person for them.

3. If there shall be more than one owner of landthrough which the highway may run, such owners shall unite in the appointment.

4. If the two viewers cannot agree as to damages, thenthey shall choose a third person, and the three persons so selected as viewersshall be authorized to administer oaths, compel the attendance of witnessesbefore them as road viewers, and their decision in the matter shall be final.

5. The viewers shall take an oath prior to enteringupon the discharge of their duties before some person authorized to administeroaths, to discharge faithfully the duties of their trust in accordance with theprovisions of NRS 404.010 to 404.060, inclusive.

6. Persons aggrieved by the decision of such roadviewers may commence an action in the district court within 20 days from thedate of the decision to set aside their award.

7. Upon the final award and decision of damages, theboard of county commissioners shall cause the road, street or alley to beopened, established, changed or vacated, as the case may be, according to thepetition.

[Part 10:101:1875; A 1877, 141; 1895, 35; C 479; RL 3015; NCL 5403]

COUNTIES POLLING 1,800 TO 2,999 VOTES

NRS 404.070 Establishmentand designation. The board of county commissionersof each county polling at the last general election not less than 1,800 votesand not more than 2,999 votes may, for the purpose of supervision of roads,divide the county into road districts, each appropriately designated.

[1:80:1901; RL 3037; NCL 5418](NRS A 1963, 304)

NRS 404.075 Levyof property tax for maintenance and repair of roads. Inroad districts in counties polling not less than 1,800 votes and not more than2,999 votes, the board of county commissioners may levy a property tax onproperty within the road district of not more than 30 cents on each $100 ofassessed valuation for the maintenance and repair of roads within the roaddistrict. The proceeds of the tax shall be placed in the road district fund ofthe district in which the tax is levied, and shall be used exclusively for themaintenance and repair of roads within the district.

(Added to NRS by 1963, 304)

NRS 404.080 Roadsupervisor: Appointment. The board of countycommissioners shall appoint in each road district one road supervisor. The sameroad supervisor may serve more than one road district.

[Part 2:80:1901; A 1935, 233; 1931 NCL 5419](NRS A1963, 304)

NRS 404.090 Roadsupervisor: Compensation. The compensation ofroad supervisors shall be fixed by the boards of county commissioners.

[3:80:1901; RL 3039; NCL 5420]

NRS 404.100 Roadsupervisor: Duties. Each road supervisorshall:

1. Supervise all work upon the roads in his roaddistrict.

2. Attest to the propriety of all bills for such work.

3. Direct the expenditure of all sums set apart forhis road district by the board of county commissioners.

[Part 2:80:1901; A 1935, 233; 1931 NCL 5419]

NRS 404.110 Roadsupervisor prohibited from using or contracting for use of truck or equipmentowned by him or relative; exception. No roadsupervisor shall use or contract the use of any motor truck or road buildingequipment owned by him or any relative within the third degree of consanguinityor affinity in the construction or maintenance of any county road or highway,except in cases of emergency, when it shall be lawful for him to use orcontract the use of such truck or equipment for a period of not to exceed 5days in any 1 month.

[Part 2:80:1901; A 1935, 233; 1931 NCL 5419]

NRS 404.115 Loanor lease of districts equipment for maintenance. Inroad districts in counties polling not less than 1,800 votes and not more than2,999 votes, county or road district maintenance equipment may be loaned orleased to or from other road districts or the county upon a fair rental basisas determined by the board of county commissioners.

(Added to NRS by 1963, 304)

COUNTIES POLLING 3,000 OR MORE VOTES

NRS 404.120 Establishmentand designation. The board of county commissionersof each county polling at the last general election 3,000 votes or over, to bedetermined by the vote cast for Secretary of State, shall, for the purpose ofsupervision of roads, divide the county into road districts, each appropriatelydesignated.

[1:172:1911; RL 3041; NCL 5422]

NRS 404.130 Roadsupervisor: Appointment; compensation. Theboard of county commissioners shall appoint and fix the compensation of oneroad supervisor in each road district. Each road supervisor shall serve duringthe pleasure of the board of county commissioners.

[2:172:1911; RL 3042; NCL 5423]

NRS 404.140 Roadsupervisor: Oath and bond. Before enteringupon the duties of his office, each road supervisor appointed under theprovisions of NRS 404.120 to 404.160, inclusive, shall:

1. Take the oath prescribed by law.

2. Execute a bond to the State of Nevada, to beapproved by the board of county commissioners, in the penal sum of $1,000. Thebond shall be conditioned for the faithful performance of the duties of hisoffice, and shall be filed in the office of the county clerk.

[4:172:1911; RL 3044; NCL 5425]

NRS 404.150 Roadsupervisor: Duties. Each road supervisorappointed under the provisions of NRS404.120 to 404.160, inclusive,shall:

1. Supervise all work upon the roads in his roaddistrict.

2. Attest to the propriety and correctness of allbills for such work.

3. Direct the expenditures of all sums set apart forhis road district by the board of county commissioners, but no bills shall becontracted or any money expended by the road supervisor unless he shall havefirst obtained the consent and approval of the board of county commissioners.

[Part 3:172:1911; A 1935, 232; 1931 NCL 5424]

NRS 404.160 Roadsupervisor prohibited from using or contracting for use of truck or equipmentowned by him or relative; exception. No roadsupervisor shall use or contract the use of any motor truck or road buildingequipment owned by him or any relative within the third degree of consanguinityor affinity in the construction or maintenance of any county road or highway,except in cases of emergency, when it shall be lawful for him to use orcontract the use of such truck or equipment for a period of not to exceed 5days in any 1 month.

[Part 3:172:1911; A 1935, 232; 1931 NCL 5424]

ROAD INSPECTORS

NRS 404.170 Creationof office; appointment.

1. The office of road inspector is hereby created.

2. Each board of county commissioners may appoint oneroad inspector for each road district now existing or which may hereafter becreated in any county. Each road inspector shall hold office at the will of theboard of county commissioners.

[Part 1:21:1897; C 468; RL 3029; NCL 5410] +[2:21:1897; C 469; RL 3030; NCL 5411]

NRS 404.180 Compensation.

1. The office of road inspector shall be withoutcompensation. No money shall be paid from public funds to defray any expensesincurred therein or thereby unless by order of the board of countycommissioners there shall be especially prescribed a limit of compensation forthe office in each road district. The order shall especially name the roaddistrict wherein the compensation may be given, and no road inspector shallreceive any compensation as such officer unless such compensation shall havebeen fixed by the board of county commissioners within the limit prescribed forsuch road district previous to his appointment as road inspector.

2. When a compensation is given it shall be paid tothe road inspector from the road fund of the road district in and for which anyservices are performed by him.

3. Such compensation shall:

(a) Be a daily wage.

(b) Not exceed the limit especially prescribed by lawfor that county.

(c) Be fixed by the board of county commissionersbefore the appointment of the road inspector who is to receive it.

(d) Be in full for all services and expenses of allkinds of the road inspector.

[3:21:1897; C 470; RL 3031; NCL 5412] +[4:21:1897; C 471; RL 3032; NCL 5413] + [5:21:1897; C 472; RL 3033;NCL 5414]

NRS 404.190 Duties. The duties of the office of road inspector shall be:

1. To order, superintend, inspect and approve, ifproperly done, all work upon the public roads in the road district for which hemay be appointed, as well as that to be done by road supervisors, if there areany, and that done by other persons.

2. To report thereon to the board of countycommissioners.

3. To approve all proper bills for road work beforethey are presented to the board of county commissioners for allowance.

[Part 1:21:1897; C 468; RL 3029; NCL 5410]

NRS 404.200 Compensationof other persons.

1. Compensation to others than a road inspector shallbe not to exceed the current wage rate for a days work for the road districtin which such work is performed, and not to exceed the current price for oneman and a span of draft animals and the current price for each additional span.

2. The person so compensated shall, without additionalcharge, furnish such tools, implements, vehicles and other necessary equipmentas may be necessary to his work.

[6:21:1897; A 1911, 368; 1917, 393; 1919 RL 3034;NCL 5415]

NRS 404.210 Dayswork on public roads. A days work on thepublic roads shall consist of at least 8 hours actual labor, exclusive of thetime spent in going to and returning from the work, and in no case shall pay begiven for more than 1 days time between sunrise and sunset of the same day, toor for the same person. In cases of emergency, however, more than 8 hourslabor shall be performed, and the persons so performing such labor shall becompensated for the time spent.

[7:21:1897; A 1917, 393; 1919 RL 3035; NCL 5416]

REESTABLISHMENT OF BOUNDARIES

NRS 404.220 Reestablishmentby county commissioners. The board of countycommissioners of any county is authorized to reestablish the boundaries of anyroad district within the county whenever the board shall deem the boundaries ofsuch road district to be indistinct or indefinite as such boundaries appearupon the records of the board of county commissioners.

[1:217:1913; 1919 RL p. 2936; NCL 5932]

NRS 404.230 Newboundaries to conform to surveys of United States Government. Whenever the board of county commissioners shallreestablish the boundaries of road districts in accordance with NRS 404.220 to 404.250, inclusive, the board shall makethe new boundaries that it shall set forth for such road districts conform tothe legal land surveys of the United States Government so far as is possible.

[2:217:1913; 1919 RL p. 2936; NCL 5933]

NRS 404.240 Newboundaries to include property and residences within district beforereestablishment. Whenever the board of countycommissioners shall reestablish the boundaries of road districts in accordancewith NRS 404.220 to 404.250, inclusive, the board shall arrangethe new boundaries so that all properties and residences that were in the roaddistricts previous to the reestablishment of boundaries for such road districtsunder NRS 404.220 to 404.250, inclusive, shall be within the newboundaries that the board of county commissioners may establish under NRS 404.220 to 404.250, inclusive.

[3:217:1913; 1919 RL p. 2937; NCL 5934]

NRS 404.250 Reestablishmentof boundaries for welfare of county. Wheneverthe board of county commissioners shall decide that the boundaries of any roaddistrict are so indefinite upon the records of the county as to make itimpossible to decide in which road district certain properties or residencesmay be located, the board shall proceed to establish new boundaries for suchroad district as it shall deem best and for the welfare of the county.

[4:217:1913; 1919 RL p. 2937; NCL 5935]

 

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