Nrs: Chapter 325 - Municipalities Located On Public Lands

Link to law: https://www.leg.state.nv.us/NRS/NRS-325.html
Published: 2015

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[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)