Nrs: Chapter 323 - Exchange Of State Lands

Link to law: https://www.leg.state.nv.us/NRS/NRS-323.html
Published: 2015

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[Rev. 11/21/2013 10:51:40

AM--2013]



CHAPTER 323 - EXCHANGE OF STATE LANDS

NRS 323.010           “Taylor

Grazing Act” defined.

NRS 323.020           Authority

of State Land Registrar concerning exchange of state lands for lands of United

States.

NRS 323.030           Basis

of exchange; reservation of mineral rights and easements.

NRS 323.040           Agreement

concerning exchange not to surrender jurisdiction of State.

NRS 323.050           Sale

of land received in exchange.

NRS 323.100           Authority

of State Land Registrar to exchange land of equal value or land whose value is

equalized by payment of money.

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      NRS 323.010  “Taylor Grazing Act” defined.  As

used in this chapter, “Taylor Grazing Act” means that certain Act of Congress

approved June 28, 1934, and being chapter 865, 48 Stat. 1269, together with all

acts amendatory thereof and supplementary thereto.

      [Part 1:94:1937; 1931 NCL § 5588.01]

      NRS 323.020  Authority of State Land Registrar concerning exchange of state

lands for lands of United States.

      1.  The State Land Registrar is authorized

to negotiate with the Secretary of the Interior of the United States concerning

the exchange of state lands for lands belonging to the United States within or

without the boundaries of stock grazing districts created within this state by

the Taylor Grazing Act.

      2.  The State Land Registrar may, with the

approval of the State Board of Examiners and the Interim Finance Committee:

      (a) Exchange and cause to be exchanged, pursuant

to the negotiations, lands belonging to the State and then and there subject to

sale by the State for lands belonging to the United States and subject to

exchange for state lands pursuant to section 8 of the Taylor Grazing Act;

      (b) Deliver to the United States proper

conveyances of title to the state lands so exchanged; and

      (c) Require of the proper officer or department

of the United States Government similar conveyances of title to the State of

the lands received from the United States in the exchange.

      [Part 1:94:1937; 1931 NCL § 5588.01]—(NRS A 1975,

107; 1989, 512)

      NRS 323.030  Basis of exchange; reservation of mineral rights and easements.

      1.  The state lands exchanged for lands of

the United States under the provisions of this chapter shall be exchanged

either upon an equal value basis or upon an equal acreage basis, but upon no

other basis.

      2.  The mineral rights in the state lands

exchanged on an equal acreage basis shall be reserved to the State. If such

lands are exchanged upon an equal value basis, the mineral rights of the State,

if such lands contain minerals, shall be considered in arriving at the

valuation for exchange purposes.

      3.  The State Land Registrar shall make

such reservations of easements, rights of use, and rights of ingress and egress

with respect to any state land offered for exchange as will protect the

citizens and inhabitants of this state and other states in their rights on and

concerning public lands as is provided by law and also as contained in section

8 of the Taylor Grazing Act.

      [2:94:1937; 1931 NCL § 5588.02]—(NRS A 1975, 107)

      NRS 323.040  Agreement concerning exchange not to surrender jurisdiction of

State.  The State Land Registrar is

empowered to exchange and cause to be exchanged state lands for lands of the

United States pursuant to section 8 of the Taylor Grazing Act and the rules and

regulations of the Secretary of the Interior relating thereto, but the State

Land Registrar shall enter into no agreement concerning the exchange of lands

that will surrender or cause to be surrendered any jurisdiction of this state

over the lands and people and property thereon situate that the State possesses

over the public domain belonging to the United States within this state.

      [Part 3:94:1937; 1931 NCL § 5588.03]—(NRS A 1975,

107)

      NRS 323.050  Sale of land received in exchange.  All

lands received from the United States in exchange for state lands may be sold

with the approval of the State Board of Examiners and the Interim Finance

Committee.

      [Part 3:94:1937; 1931 NCL § 5588.03]—(NRS A 1975, 62;

1989, 512)

      NRS 323.100  Authority of State Land Registrar to exchange land of equal

value or land whose value is equalized by payment of money.

      1.  The State Land Registrar may, with the

approval of the State Board of Examiners and the Interim Finance Committee,

exchange state lands or interests in land for any other lands or interests of

land. The Division of State Lands of the State Department of Conservation and Natural

Resources shall determine the values of the lands or interests in land which

are to be exchanged. The values must be equal or, if the values are not equal,

the values may be equalized by the payment of money, if the payment is not more

than 25 percent of the total value of the lands or interests in land.

      2.  Upon effecting an exchange, the State

Land Registrar shall deliver to the transferee proper conveyances of title to

the state lands exchanged and shall require proper conveyances of title to the

State of the lands received pursuant to the exchange.

      (Added to NRS by 1981, 383; A 1989, 512; 1997, 972)