[Rev. 11/21/2013 10:51:49 AM--2013]

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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 325.060           Contest on adverse claims by two or more persons: Proceedings certified to district court; appeal; conveyance after final determination. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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.

Ę 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 Supreme Court, 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)

      NRS 325.060  Contest on adverse claims by two or more persons: Proceedings certified to district court; appeal; conveyance after final determination. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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.

Ę 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, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      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)