SUMMARY--Makes various changes concerning shooting ranges. (BDR 3-1347)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to shooting ranges; providing that a shooting range does not constitute a nuisance in certain circumstances; requiring compensation for the cost of relocating a shooting range situated on property taken by eminent domain; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 37.110 is hereby amended to read as follows:
37.110 1. The court, jury, commissioners or master [must] shall hear such legal testimony as may be offered by any of the parties to the proceedings, and thereupon [must] shall ascertain and assess:
[1.] (a) The value of the property sought to be condemned and all improvements thereon pertaining to the realty, and of each [and every] separate estate or interest therein . [; if it] If the property consists of different parcels, the value of each parcel and of each estate or interest therein [shall] must be separately assessed.
[2.] (b) If the property sought to be condemned constitutes only a part of a large parcel, the damages which will accrue to the portion not sought to be condemned [,] by reason of its severance from the portion sought to be condemned [,] and the construction of the improvement in the manner proposed by the plaintiff.
[3.] (c) If the property, though no part thereof is taken, will be damaged by the construction of the proposed improvement, the amount of such damages.
[4.] (d) Separately, how much the portion not sought to be condemned, and each estate or interest therein, will be benefited, if at all, by the construction of the improvement proposed by the plaintiff . [; and if] If the benefit [shall be] is equal to the damages assessed [, under subsection 2 of this section,] pursuant to paragraph (b), the owner of the parcel [shall] must be allowed no compensation except the value of the portion taken . [; but if] If the benefit [shall be] is less than the damages so assessed, the former [shall] must be deducted from the latter, and the remainder [shall] must be the only damages allowed in addition to the value of the portion taken.
[5.] (e) If the property sought to be condemned [be] is for a railroad, the cost of good and sufficient fences along the line of [such] the railroad between [such] the railroad and other adjoining lands of the defendant , [;] and the costs of cattle guards where fences may cross the line of [such railroads.] the railroad.
(f) If the property sought to be condemned contains a shooting range as defined in NRS 40.140, the cost of relocating the shooting range.
2. As far as practicable, compensation must be assessed for each source of damages separately.
Sec. 2. NRS 40.140 is hereby amended to read as follows:
40.140 1. Except as otherwise provided in [subsection 2,] this section, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
3. A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise as those provisions existed on October 1, 1997.
4. As used in this section, "shooting range" means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.
Sec. 3. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
(e) Where vagrants resort,
is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
5. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise as those provisions existed on October 1, 1997.
6. As used in this section, "shooting range" has the meaning ascribed to it in NRS 40.140.