[Rev. 2/10/2015 5:01:04
PM--2014R2]
CHAPTER 325 - MUNICIPALITIES LOCATED ON
PUBLIC LANDS
TOWNSITES ON PUBLIC LANDS
NRS 325.010 Entry
by corporate authorities or district judge in trust for occupants; conveyance
of title.
NRS 325.020 Recording
of certificate of entry or patent; proof of payment of taxes not required.
NRS 325.030 Conveyance
of title by corporate authorities or district judge: Grantees’ rights;
execution and acknowledgment of deeds.
NRS 325.040 Notice
of receipt of patent by corporate authorities or district judge: Contents;
publication; posting.
NRS 325.050 Claimants
to sign and deliver written statements describing claimed lands; effect of
failure to act; exceptions.
NRS 325.060 Contest
on adverse claims by two or more persons: Proceedings certified to district
court; appeal; conveyance after final determination.
NRS 325.070 Fee
simple deeds to be executed and delivered by trustees on payment of purchase
money and expenses; deeds to minors and insane persons.
NRS 325.080 Sale
of unclaimed land; disposition of proceeds.
NRS 325.090 Sale
or lease of unclaimed land; disposition of proceeds.
NRS 325.100 Survey
of townsite: Expenses.
NRS 325.110 Trustees:
Discharge of trust after going out of office; assumption of trust by
successors.
SETTLEMENT OF ADVERSE CLAIMS
NRS 325.120 Exclusive
procedure for determining adverse claims or clouds on title.
NRS 325.130 Establishment
or confirmation of claim: Filing of statement with clerk of district court;
contents; fees.
NRS 325.140 Notice
of claim: Contents; publication; posting; statements by adverse claimants.
NRS 325.150 Prior
adverse claim barred on execution and delivery of deed.
_________
TOWNSITES ON PUBLIC LANDS
NRS 325.010 Entry by corporate authorities or district judge in trust for
occupants; conveyance of title. When
the corporate authorities of any city or town, or the judge of the district
court for any county in this state in which any unincorporated town is
situated, shall have entered at the proper office of the Bureau of Land
Management the land, or any part of the land, settled and occupied as the site
of such city or town, pursuant to and by virtue of the Act of Congress entitled
“An act for the relief of the inhabitants 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 of the district court shall dispose of and convey the
title to such lands, or to the several blocks, lots, parcels or shares thereof,
to the persons specified in this chapter.
[1:28:1869; B § 3856; BH § 411; C § 339; RL § 1980;
NCL § 2905]
NRS 325.020 Recording of certificate of entry or patent; proof of payment of
taxes not required.
1. Whenever the corporate authorities or
the judge of the district court shall have received a certificate of entry,
patent or other evidence of title to the real property embraced within the
limits of any city or town, the corporate authorities or the judge of the
district court shall cause the same to be recorded in the land records of the
proper county.
2. A certificate of entry, patent or other
evidence of title shall be recorded by the county recorder; and to entitle the
certificate of entry, patent or other evidence of title to be recorded it shall
not be necessary to present or make, nor shall the county recorder require, any
oath or 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 Conveyance of title by corporate authorities or district judge:
Grantees’ rights; execution and acknowledgment of deeds.
1. Any corporate authorities, the judge of
the district 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 or her successors in office
shall, by a good and sufficient deed of conveyance, grant and convey the title
to each block, lot, share or parcel of the same to the person or persons who
shall have, possess or be entitled to the right of possession or occupancy
thereof, according to his, her or their several and respective rights or
interests in the same, as they existed in law or equity at the time of the
entry of such lands, or to his, her or their heirs or assigns.
2. When any parcel or share of such lands
shall be occupied or possessed by one or more persons claiming the same by
grant, lease or sale from one or more other persons, the respective rights and
interests of such persons, in relation to each other, in the same, shall not be
changed or impaired by any such conveyance.
3. Every deed of conveyance made by any
corporate authorities or the judge of the district court, pursuant to the
provisions of this chapter, shall be so executed and acknowledged as to admit
the same to be recorded.
[2:28:1869; B § 3857; BH § 412; C § 340; RL § 1981;
NCL § 2906]—(NRS A 1969, 154)
NRS 325.040 Notice of receipt of patent by corporate authorities or district
judge: Contents; publication; posting.
1. Within 90 days after the receipt by the
corporate authorities or the judge of the district court of a patent for such
lands, the corporate authorities or the judge of the district court entering
the lands shall give public notice thereof by:
(a) Publication of a notice once a week for at
least 6 successive weeks or 30 days daily in a newspaper printed and published
in the county in which such city or town is situated, but if no newspaper is
printed and published in the county, publication of the notice shall be made in
some newspaper printed and published in Carson City, Nevada; and
(b) Posting notices in six of the most public
places in the city or town for 30 days.
2. The notice shall contain a correct
description of the 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 Claimants to sign and deliver written statements describing
claimed lands; effect of failure to act; exceptions.
1. Within 6 months after the first
publication of the notice provided for in NRS 325.040,
each person, company, corporation or association claiming to be an occupant or
occupants, or to have, possess or be entitled to the right of occupancy or
possession of such lands, or any block, lot, share or parcel thereof, shall, in
person or by the duly authorized attorney of the person, company, corporation
or association, sign a written statement containing a correct description of
the particular parcel or parts in which the person, company, corporation or association
claims to be entitled to receive, and deliver the same to, or into the office
of, the corporate authorities or the judge of the district court.
2. All applications for conveyances under
this chapter for the benefit of minors and insane persons shall be made by the
guardian or trustee of such minor or insane person. All applications for such
conveyances for the benefit of married women may be made by their husbands, if
in this state, but in case of the absence of the husband from this state or his
refusal to 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 to
sign and deliver such statement within the time specified in subsection 1 shall
be forever debarred the right of claiming or recovering such lands or any
interest or entail therein, or in any part, parcel or share thereof, in any
court of law or equity.
4. The bar to the right of claiming or
recovering such lands or any interest or entail therein as provided in
subsection 3 shall not apply 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 Contest on adverse claims by two or more persons: Proceedings
certified to district court; appeal; conveyance after final determination.
1. Should two or more persons, companies,
corporations or associations claim adversely the title to any lot, lots or
parcels of land within the boundaries of such city or town, the corporate
authorities, the judge of the district court having entered the same, or any
one of his or her successors in office shall, immediately after the time for
filing claims has expired, either by force of NRS
325.050 or 325.140, certify and transmit all
proceedings and papers had or being before them, him or her in the premises to
the district court of the county in which the lot, lots or parcels of land are
situated.
2. Upon the receipt of the papers and
proceedings, properly certified, and upon payment of court fees and costs, the
clerk of the district court shall:
(a) Enter the case upon the register of actions.
The name of the claimant whose claim was first filed with and by the corporate
authorities or the judge of the district court shall be entered upon the
register of actions as plaintiff, and the name or names of the other claimant
or claimants who filed adversely shall be entered as defendant or defendants.
(b) Serve upon each claimant or his or her agent
or attorney a written notice that the claim of such claimant is contested. The
notice shall specify the particular lot, block or parcel so contested and the
name of the adverse claimant.
Ê Thereafter,
the cause shall proceed in all respects as in cases originally brought in the
district court.
3. Any party in the action deeming himself
or herself aggrieved by the determination or judgment of the district court may
appeal therefrom to the appellate court of competent jurisdiction pursuant to
the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution, as in other cases.
4. Upon the final determination of the
contest, the clerk of the district court or the clerk of the supreme court, as
the case may be, forthwith shall certify the decision to the corporate
authorities or the judge of the district court. Upon receipt of the decision,
duly certified, the corporate authorities or the judge of the district court
shall, as in other cases, make out, execute and deliver to the party or parties
in whose favor the decision is made a conveyance in fee simple for the lot,
lots or parcels of land 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; 2013, 1780)
NRS 325.070 Fee simple deeds to be executed and delivered by trustees on
payment of purchase money 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 patent has been issued or any one of his or her successors in office shall
make out, execute and deliver to each person, company, corporation or
association who may be legally entitled to the same, as provided in NRS 325.050, 325.090 or 325.130, or as determined under the provisions of NRS 325.060, a deed in fee simple for such part or
parts, or lot or lots, of land on payment of:
(a) His, her or its proper and due proportion of
the purchase money for such land, together with his, her or its proportion of
such sums as 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 reasonable
compensation for:
(1) Executing and acknowledging such deed,
not exceeding the sum of $3 for the first lot and $1 for each additional lot
claimed by the same owner.
(2) Counsel fees and, where determined,
moneys expended in the acquisition of the title and the administration of the
trust, including reasonable charges for time and services while employed in
such trust, not exceeding the sum of $1 for each lot. No estimate shall be made
for counsel fees unless the same shall have been actually and necessarily
expended.
2. The charges specified in subsection 1
shall be full payment for all expenses attending the execution except for
revenue stamps.
3. Deeds made under the provisions of this
chapter for the benefit of minors and insane persons shall be to the guardian
or trustee of such minor or insane person, as the case may be, in trust for
such minor or insane 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 Sale of unclaimed land; disposition of proceeds. All lots, blocks, shares or parcels of land
within the boundaries of the city or town which shall not have been claimed as
provided in NRS 325.050 or 325.130
shall, after the limitation provided in NRS 325.050
or 325.140 has expired, be sold and the proceeds 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 Sale or lease of unclaimed land; disposition of proceeds.
1. If any lot, block, share or parcel of
such land is not claimed as provided in NRS 325.050
or 325.130, such land shall be sold to the highest
bidder, after notice as required in NRS 325.140.
The net proceeds, after deduction of all legitimate expenses, shall be applied
to the construction and equipment of public buildings, highways, water, light
or sewerage systems for the city or town within which the land is situated.
2. The corporate authorities or the judge
of the district court are further empowered to lease, for a term not exceeding
10 years, upon such conditions as appear reasonable, any lots, blocks, shares
or parcels of land, including areas dedicated as streets and alleys, whenever
it shall be made to appear by verified petition and public hearing thereon,
after notice as required in NRS 325.040, that such
procedure is for the best interests of the city or town. Such lease may include
the right to remove any and all mineral-bearing rock and earth contained within
such leased area.
[8:28:1869; A 1877, 186; 1927, 109; NCL § 2912]—(NRS
A 1969, 157)
NRS 325.100 Survey of townsite: Expenses. In
all cases where it shall become necessary, in the opinion of the citizens of
the town, to make a survey 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 of the 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 by successors.
1. Any corporate authorities or the judge
of the district court becoming a trustee under 43 U.S.C. §§ 718 to 723,
inclusive, who shall, prior to the final execution of their trust, as provided
in this chapter, go out of office, are empowered to discharge and execute all
trusts which they may have assumed, in all respects in the same manner and
subject to the 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 or the judge of the district court of the county in which any such
city or town is situated, who may succeed the trustee in office, to assume the
trust, and the judge or corporate authorities are empowered to execute the same
in all respects in the same manner and subject to all the duties and
requirements as provided in this chapter.
3. Any district judge who carries out any
of the functions or exercises any of the powers which are provided in this
chapter does so with the same measure of authority as that which was conferred
upon the corporate authorities or the judge of the district court who entered
the lands pursuant 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 Exclusive procedure for determining adverse claims or clouds on
title. Where adverse claims,
clouds upon the title or other difficulties associated with or attributable to
deficiencies in land title have been asserted or are otherwise related to the
claim of title to or interest in any part of the land in any county settled and
occupied as the site of a city or town upon public land, pursuant to 43 U.S.C.
§§ 718 to 723, inclusive, the procedure provided in this chapter is the
exclusive means of determining such claims of title or interest.
(Added to NRS by 1969, 153)
NRS 325.130 Establishment or confirmation of claim: Filing of statement with
clerk of district court; contents; fees.
1. Any person, company, corporation or
association that claims any right, title or interest in any block, lot, share
or parcel of land situate in any townsite which has been entered or patented
pursuant to 43 U.S.C. §§ 718 to 723, inclusive, and that desires to establish
or confirm the claim shall, in person or by the duly authorized attorney of the
person, company, corporation or association, file a verified statement in the
office of the clerk of the district court for the county in which such land is
located.
2. The written statement shall contain but
shall not be limited to:
(a) An accurate and complete property
description.
(b) An account of the nature and extent of the
claimant’s interest in or title to such land.
3. The statement shall be accompanied by
such fees as the judge or the clerk of the court may request to defray the cost
of publication and posting as provided in NRS 325.140.
(Added to NRS by 1969, 154)
NRS 325.140 Notice of claim: Contents; publication; posting; statements by
adverse claimants.
1. Upon the filing of any statement and
upon receipt of the accompanying fee, the district judge shall cause notice of
the claim to be made by both of the following methods:
(a) Publication of the notice at least once a
week for 4 successive weeks in a newspaper of general circulation, which is
published in the county in which the land is situate. If no newspaper is
published in that county, publication must be made in a newspaper of general
circulation in the county.
(b) Posting a copy of the notice in three public
places in the townsite and in a conspicuous place on the property described in
the claim 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 the
property.
(d) A statement containing the provisions of
subsection 3.
3. Any adverse claimant must file a
verified statement in the office of the clerk of the district court not later
than 30 days from the last publication or 30 days from the posting of the
notice provided in subsection 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 Prior adverse claim barred on execution and delivery of deed. Upon the execution and delivery of the deed,
as provided in NRS 325.070, any prior adverse claim
or interest in the property conveyed thereby is forever barred.
(Added to NRS by 1969, 154)
