[Rev. 11/21/2013 12:14:10 PM--2013]

CHAPTER 495 - CITY AND COUNTY AIRPORTS; ACQUISITION OF PROPERTY

ACQUISITION AND OPERATION OF AIRPORTS BY COUNTIES AND CITIES

NRS 495.010           Acquisition of sites and airports.

NRS 495.020           Indebtedness authorized; bonds.

NRS 495.030           Powers concerning erection, maintenance and operation of airports.

EMERGENCY LANDING FIELDS

NRS 495.035           Establishment and maintenance by county.

LEASE OF COUNTY PROPERTY

NRS 495.040           Lease authorized; purposes; notice and hearing.

NRS 495.050           Commissioner may vote on agreement or lease extending beyond his or her term of office.

NRS 495.060           Conflicting laws inapplicable.

ACQUISITION OF PROPERTY BY COMPANY FOR AIR TRANSPORTATION

NRS 495.070           Acquisition authorized; procedure.

NRS 495.080           “Person” defined.

NRS 495.090           Verified petition; contents.

NRS 495.100           Rights of defendants.

NRS 495.110           Hearing of petition.

NRS 495.120           Notice of hearing: Service; publication.

NRS 495.130           Appointment of commissioners; vacancies.

NRS 495.140           Meeting of commissioners.

NRS 495.150           Hearing; assessment of compensation; reports; adverse claims.

NRS 495.160           Motion to set aside report; new trial.

NRS 495.170           Confirmation of reports.

NRS 495.180           Record of reports; amendment of pleadings; costs.

NRS 495.190           Proceedings when title defective; payment into court.

NRS 495.200           Passage of title to corporation; public use.

NRS 495.210           Payment or tender of compensation.

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ACQUISITION AND OPERATION OF AIRPORTS BY COUNTIES AND CITIES

      NRS 495.010  Acquisition of sites and airports.

      1.  Any city, county, town or any municipal corporation in the State of Nevada is authorized and empowered:

      (a) To acquire, by purchase, condemnation, donation, lease or otherwise, real or personal property, or to use any real property owned by it, or which it may hereafter acquire, within or without its corporate limits for a site upon which an airport or airports may be maintained and upon which any such city, county, town or municipal corporation may erect and maintain or permit the erection and maintenance of hangars, mooring masts, flying fields, and all places for flying, takeoff and landing of aircraft and the storage of the same when not in active use, together with lights, radio equipment, service shops, conveniences, appliances, works, structures and other air navigation facilities, now known or hereafter invented, of such number and character and in such places as may be necessary or convenient.

      (b) To levy taxes for the purpose of raising funds to acquire lands for the purposes mentioned in this section and NRS 495.020 and 495.030, and to pay the principal and interest of any bonds issued pursuant to the provisions of this section and NRS 495.020 and 495.030.

      2.  Any lands previously acquired by any such city, county, town or any municipal corporation in the State of Nevada for park purposes may be used for any of the purposes specified in this section, it being hereby specifically declared that the purpose specified in this section shall constitute park purposes. This subsection shall not be construed to limit or confine the uses specified in this section to lands acquired for park purposes.

      3.  The uses and purposes specified in this section are hereby declared to be a public use and subject to the exercise of the right of eminent domain, whether such right shall have been exercised prior to or shall be exercised subsequently to January 31, 1928.

      [1:11:1928; NCL § 289]

      NRS 495.020  Indebtedness authorized; bonds.  Any city, county, town or any municipal corporation in the State of Nevada is authorized and empowered:

      1.  To incur indebtedness for any of the purposes mentioned in this section and NRS 495.010 and 495.030.

      2.  To issue bonds for the acquisition, construction and completion of any of the purposes mentioned in NRS 495.010 in the same form and manner as debt is incurred and bonds issued for other municipal purposes, and subject to the conditions, restrictions, proceedings and rights of initiative and referendum now governing the issuance of bonds for other municipal purposes.

      [2:11:1928; NCL § 290]

      NRS 495.030  Powers concerning erection, maintenance and operation of airports.  In connection with the erection or maintenance of any airport or airports or air navigation facilities, any city, county, town or any municipal corporation shall have the power and jurisdiction:

      1.  To regulate the receipt, deposit and removal, the embarkation or debarkation of passengers or property for and from such landing places or moorage as may be provided.

      2.  To exact and require charges, fees and tolls, together with a lien to enforce their payment.

      3.  To lease or assign for operation such space or area, appurtenances, appliances or other conveniences necessary or useful in connection therewith.

      4.  To own and operate municipal aircraft.

      5.  To employ pilots.

      6.  To provide rules and regulations covering the use of such airport and facilities and the use of other property or means of transportation within or over the airport.

      7.  To perform any duties necessary or convenient for the regulation of air traffic.

      8.  To enter into contracts or otherwise cooperate with the Federal Government or other public or private agencies.

      9.  To exercise such powers as may be required or convenient in the promotion of aeronautics and the furtherance of commerce and navigation by air.

      [3:11:1928; NCL § 291]

EMERGENCY LANDING FIELDS

      NRS 495.035  Establishment and maintenance by county.

      1.  The several counties of the State of Nevada are authorized:

      (a) To designate, establish and maintain emergency landing fields for flying, takeoff and landing of aircraft together with necessary conveniences, appliances, works, structures, now known or hereafter invented, of such number and character and in such places as may be necessary or convenient, in the interest of promoting the public safety. Such designation shall be made by resolution spread upon the records of the proceedings of the board of county commissioners.

      (b) To pay for such establishment and maintenance out of any appropriations or other moneys made available for such purposes whether by allocations from the State Airport Fund or by gift or devise.

      2.  The board of county commissioners of any county may authorize the use of county equipment for the purposes authorized in this section.

      3.  The establishment and maintenance of emergency landing fields are hereby declared to be county functions and purposes, as well as public and governmental, and are matters of public necessity.

      (Added to NRS by 1965, 1077; A 1967, 38)

LEASE OF COUNTY PROPERTY

      NRS 495.040  Lease authorized; purposes; notice and hearing.

      1.  The boards of county commissioners of the respective counties of this State may lease real and personal property of their county for use and occupancy as airports, airport facilities or airport service, to whom and upon such conditions and terms as they deem proper, for a term or terms not exceeding 99 years.

      2.  Before entering into any agreement for the lease of property as set forth in subsection 1, the board of county commissioners shall publish notice of its intention in a newspaper of general circulation published within the county at least once a week for 21 days or three times during a period of 10 days. If there is not a newspaper of general circulation within the county, the board shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting is to be held, at which meeting any interested person may appear. No such lease or agreement may be entered into by the board until after the notice has been given and a meeting held as provided in this subsection.

      3.  The provisions of NRS 244.281 and 496.080 do not apply to any lease entered into pursuant to this section by a board of county commissioners in a county whose population is less than 55,000.

      [1:151:1945; 1943 NCL § 296]—(NRS A 1957, 294; 1995, 845; 2001, 821; 2007, 2838; 2011, 1292)

      NRS 495.050  Commissioner may vote on agreement or lease extending beyond his or her term of office.  Any member of any board of county commissioners in the State may vote on any agreement or indenture for the lease of real or personal property of his or her respective county as referred to in NRS 495.040, notwithstanding the fact that the term of the agreement may extend beyond his or her term of office.

      [2:151:1945; 1943 NCL § 296.01]

      NRS 495.060  Conflicting laws inapplicable.  All acts and parts of acts in conflict with NRS 495.040 and 495.050 are repealed insofar as the same apply to or interfere with the provisions of NRS 495.040 and 495.050, and not in any other particular.

      [3:151:1945; 1943 NCL § 296.02]—(NRS A 1975, 576)

ACQUISITION OF PROPERTY BY COMPANY FOR AIR TRANSPORTATION

      NRS 495.070  Acquisition authorized; procedure.  Any corporation organized for the purpose of engaging in the public transportation of passengers or property or United States mail by air, whether intrastate or interstate, and any corporation organized for the purpose of operating a private or municipal airport or air navigation facility for use in connection with the public transportation of passengers or property or United States mail by air, whether intrastate or interstate, may acquire any real property, or any right, title, interest, estate or claim therein or thereto, necessary for the purpose of establishing landing places and terminals for aircraft, air navigation facilities and aerial rights-of-way, by means of the special proceedings prescribed in NRS 495.080 to 495.210, inclusive.

      [Part 1:154:1937; 1931 NCL § 294.01]

      NRS 495.080  “Person” defined.  In all the proceedings in relation to the sale or appropriation of real property, and ascertaining and receiving the compensation therefor for the purposes prescribed in NRS 495.070, “person” includes a municipal corporation.

      [38:146:1865; B § 3463; BH § 872; C § 1009; RL § 3549; NCL § 6273]—(NRS A 1985, 521)

      NRS 495.090  Verified petition; contents.  The corporation shall file in the clerk’s office of the district court, in the county in which the real property is situated, a petition verified according to law, stating therein:

      1.  The name of the corporation.

      2.  The date when it was incorporated.

      3.  That it still continues in legal existence.

      4.  The description by metes and bounds or by some accurate designation of the tract or tracts of land which the corporation desires to appropriate for the purposes mentioned in NRS 495.070.

      5.  That the tract or tracts of land are necessary for the purposes.

      6.  The names of the persons in possession of the tract or tracts of land, and of those claiming any right, title or interest therein, as far as the same can be ascertained by reasonable diligence.

      [24:146:1865; A 1869, 90; B § 3449; BH § 858; C § 995; RL § 3535; NCL § 6259]

      NRS 495.100  Rights of defendants.  The persons in occupation of the tract or tracts of land, and those having any right, title or interest therein, whether named in the petition or not, shall be defendants thereto, and may appear and show cause against the same, and may appear and be heard before the commissioners provided for in this chapter, and in proceedings subsequent thereto, in the same manner as if they had appeared and answered the petition.

      [25:146:1865; B § 3450; BH § 859; C § 996; RL § 3536; NCL § 6260]

      NRS 495.110  Hearing of petition.  The court shall, by order, appoint the time for the hearing of the petition, and the hearing may be had, and all orders in the proceedings may be made, by the court.

      [26:146:1865; B § 3451; BH § 860; C § 997; RL § 3537; NCL § 6261]

      NRS 495.120  Notice of hearing: Service; publication.  The corporation shall cause all the occupants and owners of the tract or tracts of land, so far as the same can be ascertained by reasonable diligence, who reside in the county, to be notified personally of the pendency of the petition at least 10 days before the hearing thereof, and if any of the occupants or owners are unknown, or do not reside in the county, and have not been personally notified of the pendency of the petition, the corporation shall cause a notice stating the filing of the petition, the object thereof, the tracts of land sought to be appropriated, and the time and the place of the hearing of the petition, to be published for 4 successive weeks previous to the time of hearing the petition, in a newspaper published in the county, or if none is published in the county, then in a newspaper published nearest to the county.

      [27:146:1865; B § 3452; BH § 861; C § 998; RL § 3538; NCL § 6262]

      NRS 495.130  Appointment of commissioners; vacancies.

      1.  The defendants to the petition may appear and show cause against the petition, on or before the time for the hearing thereof, or at such other time to which the hearing may be continued.

      2.  Upon satisfactory proof being made that the defendants have been duly notified of the pendency of the petition, as prescribed in NRS 495.120, and upon the hearing of the allegations and proofs of the parties, if the court shall be satisfied that the lands, or any part thereof, are necessary or proper for any of the purposes mentioned in the petition, the court shall appoint three competent and disinterested persons as commissioners.

      3.  One of the commissioners shall be selected from among the persons, if any, named for that purpose by the corporation, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and assess the compensation to be paid to any person or persons having or holding any right, title or interest in or to each of the tracts of land, for and in consideration of the appropriation of such land to the use of the corporation.

      4.  If any vacancy occurs among the commissioners, by reason of any one or more of them refusing or neglecting to act, or by any other means, one or more commissioners may be appointed by the court to fill the vacancy, upon notice being given of the vacancy, as the court may direct.

      [28:146:1865; B § 3453; BH § 862; C § 999; RL § 3539; NCL § 6263]

      NRS 495.140  Meeting of commissioners.

      1.  The court shall appoint the time and place for the first meeting of the commissioners, and the time for filing of their report, and may give such further time as may be necessary for that purpose, if they shall not then have completed their duties.

      2.  The commissioners, or a majority of them, shall meet at the time and place as ordered, and, before entering on their duties, shall be duly sworn to perform the duties imposed upon them honestly, faithfully and impartially. Any one of them may issue subpoenas for witnesses for either of the parties, and may administer oaths. The commissioners may adjourn from place to place and from time to time, as may be necessary for the proper discharge of their duties.

      [29:146:1865; B § 3454; BH § 863; C § 1000; RL § 3540; NCL § 6264]

      NRS 495.150  Hearing; assessment of compensation; reports; adverse claims.

      1.  The commissioners shall:

      (a) Proceed to view the several tracts of land as ordered by the court.

      (b) Hear the allegations and proofs of the parties.

      (c) Ascertain and assess the compensations for the land sought to be appropriated, to be paid by the corporation to the person or persons having or holding any right, title or interest in or to each of the several tracts of land.

      2.  In ascertaining and assessing compensation, the commissioners shall take into consideration and make allowance for any benefit or advantages that in their opinion will accrue to such person or persons by reason of the construction of the landing places, terminals, air navigation facilities and aerial rights-of-way by the corporation.

      3.  If the corporation shall, in its petition filed in the special proceedings, offer or agree to make good and sufficient fences on the landing places, terminals, air navigation facilities, and aerial rights-of-way, or any portion thereof, at such places and times as the same may be necessary, no sum of money or price for such fences shall be included in the compensation or damages to be awarded by the commissioners; but the corporation shall not be required to construct fences on the landing places, terminals, air navigation facilities and aerial rights-of-way where the same passes through unenclosed tracts of land, nor until enclosure shall be made abutting upon the property of the corporation.

      4.  The commissioners shall, on or before the time or times as ordered by the court, file in the clerk’s office their report, signed by them, setting forth their proceedings in the premises, and they may include all of the tracts in one report, or they may make several reports, including one or more of the tracts of land, if the court shall so order, or if they shall deem it proper.

      5.  In case there are adverse or conflicting claims to the compensation assessed for any tract of land, or any right, title or interest therein, thus sought to be appropriated, the parties thus asserting such claims shall present the same, by petition, to the court after the report of the commissioners shall have been filed, and the court shall proceed to hear and determine the same. In such case, the corporation may pay the amount of such compensation to the clerk of the court, to abide the order of the court in the proceeding, and the corporation shall not be liable for any of the costs caused by the adjudication of such conflicting claims.

      [30:146:1865; B § 3455; BH § 864; C § 1001; RL § 3541; NCL § 6265]

      NRS 495.160  Motion to set aside report; new trial.  The corporation, or any of the defendants, if dissatisfied with the report, may within 20 days after the time for the filing of the report, and after 10 days’ notice to the parties interested, move to set aside the report, and to have a new trial as to any tract of land, upon good cause shown therefor. The court shall set aside the report as to such tract of land, and may recommit the matter to the same or to other commissioners, who shall be ordered to proceed in like manner as those first appointed; but such matters shall not be more than twice recommitted to commissioners.

      [31:146:1865; B § 3456; BH § 865; C § 1002; RL § 3542; NCL § 6266]

      NRS 495.170  Confirmation of reports.  Upon the expiration of 20 days after the filing of the report or reports, or at such further time as may be appointed therefor, if the motion and notice shall not have been made and given as provided in NRS 495.160, and if the proceedings of the commissioners appear to have been done correctly and properly, the court shall confirm each of the reports and certify the same thereon.

      [32:146:1865; B § 3457; BH § 866; C § 1003; RL § 3543; NCL § 6267]

      NRS 495.180  Record of reports; amendment of pleadings; costs.

      1.  Each of the reports and the certificates thereon, upon the compensation therein named being paid, shall be recorded in the recorder’s office of the county by the corporation.

      2.  The court may make all orders as may be necessary or proper in the special proceedings provided for in this chapter, and shall cause the pleadings and proceedings to be amended whenever justice shall require it to be done, and shall direct the manner of the service of all orders and notices not specially provided for.

      3.  Costs of the special proceedings shall be taxed by the clerk at the rates prescribed in chapter 19 of NRS for the county in civil actions, and shall be paid by the corporation, except in the case where a defendant shall move for a new trial, and the compensation assessed by the commissioners shall not be increased more than 10 percent upon the previous assessment, in which case such defendant shall pay the costs.

      [33:146:1865; B § 3458; BH § 867; C § 1004; RL § 3544; NCL § 6268]

      NRS 495.190  Proceedings when title defective; payment into court.  If the title attempted to be acquired by virtue of the provisions of NRS 495.080 to 495.210, inclusive, shall be found to be defective from any cause, the corporation may again institute proceedings to acquire the same, as prescribed in NRS 495.080 to 495.210, inclusive. At any stage of such new proceedings, or of any proceedings under NRS 495.080 to 495.210, inclusive, the court may, by order made in its behalf, authorize the corporation, if already in possession, to continue in the use and possession, and if not in possession, to take possession of, and use such premises during the pendency of, and until the final conclusion of such proceedings, and may stay all actions and proceedings against the corporation on account thereof. The corporation shall pay a sufficient sum in court, or give security, to be approved by the court, to pay the compensation in that behalf when ascertained.

      [34:146:1865; B § 3459; BH § 868; C § 1005; RL § 3545; NCL § 6269]

      NRS 495.200  Passage of title to corporation; public use.  Upon the report of the commissioners being filed for record as provided for in NRS 495.180, and upon the payment or tender of the compensation and costs, as prescribed in NRS 495.080 to 495.210, inclusive, the real property, or the right, title or interest therein, described in the report, shall become the property of the corporation for the purpose of its incorporation, and shall be deemed to be acquired for, and appropriated to, public use.

      [35:146:1865; B § 3460; BH § 869; C § 1006; RL § 3546; NCL § 6270]

      NRS 495.210  Payment or tender of compensation.

      1.  Within 30 days after the final confirmation of the report, the corporation shall, as ordered by the court, pay or tender the sum of money ascertained and assessed by the commissioners as compensation for each tract of land described in the report.

      2.  The payment or tender may be made:

      (a) To the person or persons owning the tract of land, or having or holding any right, title or interest therein, according to the amount or extent of the right, title or interest owned or held therein by such person or persons; or

      (b) To the clerk for such persons, and the same shall be deemed and taken as a payment to such person or persons, and shall be as effectual for all purposes whatsoever as if the sum of money had been personally paid to each and all of the persons entitled thereto.

      3.  The court shall, at the time of the payment of the sum of money to the clerk, or at such other time or times as may be ordered, direct and order the same to be paid over to the person or persons who shall, upon satisfactory proof, appear to be entitled thereto.

      [36:146:1865; B § 3461; BH § 870; C § 1007; RL § 3547; NCL § 6271] + [37:146:1865; B § 3462; BH § 871; C § 1008; RL § 3548; NCL § 6272]