[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)