Senate Bill No. 110–Committee on Government Affairs

 

CHAPTER..........

 

AN ACT relating to counties; revising provisions relating to the purchase, sale or exchange by a county of certain real property; revising provisions relating to the notice that a board of county commissioners must provide before selling or exchanging certain real property; 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 244.276 is hereby amended to read as follows:

    244.276  1.  Except as otherwise provided in subsection 2, any

county may buy, sell or exchange property in the manner set forth in

subsection 3[, and] without complying with the provisions of NRS

244.281[,] when deemed necessary or proper to establish, align,

realign, change, vacate or otherwise adjust [any of the streets, alleys,

avenues or other thoroughfares, or portions] a street, alley, avenue

or other thoroughfare, or portion thereof, or a flood control

facility within its limits.

    2.  If the county acquired the property by dedication, the

property may not be sold and ownership must revert to the abutting

property owners in the proportion that the property was dedicated by

them or their predecessors in interest. In the case of realignment, the

property may be exchanged for other real property.

    3.  When a petition signed by all property holders owning or

controlling property abutting on [any] a proposed or existing street,

avenue, alley or other thoroughfare, or a flood control facility

which may be affected by an establishment, alignment,

realignment, change, vacation or other adjustment[,] is presented to

any board of county commissioners, praying to have the proposed

or existing street, alley, avenue or other thoroughfare , or the flood

control facility established, aligned, realigned, changed, vacated or

otherwise adjusted, or upon the resolution of the board of county

commissioners, the board of county commissioners may make the

establishment, alignment, realignment, change, vacation or other

adjustment as it may deem proper, by purchase, sale, proceedings in

eminent domain or exchange of county property, including portions

of streets, alleys, avenues or other thoroughfares, or flood control

facilities, in order to carry out any necessary establishment,

alignment, realignment, change, vacation or other adjustment

whenever the board of county commissioners considers it to be in

the best interests of the county.

    4.  As used in this section, “flood control facility” means any

natural or artificial water facility for the collection, channeling,

impoundment and disposal of rainfall, other surface and

subsurface drainage waters, and storm and floodwaters, including,

without limitation, ditches, ponds, dams, spillways, retarding

basins, detention basins, lakes, reservoirs, canals, channels,

levees, revetments, dikes, walls, embankments, bridges, inlets,

outlets, connections, laterals, other collection lines, intercepting

sewers, outfalls, outfall sewers, trunk sewers, force mains,

submains, water lines, sluices, flumes, syphons, sewer lines, pipes,

conduits, culverts, other transmission lines, pumping stations,

gauging stations, ventilating facilities, stream gauges, rain gauges,

engines, valves, pumps, meters, junction boxes, manholes, other

inlet and outlet structures, apparatus, fixtures, structures and

buildings, flood-warning service and appurtenant telephone,

telegraph, radio and television apparatus, and other water

diversion facilities.

    Sec. 2.  NRS 244.281 is hereby amended to read as follows:

    244.281  Except as otherwise provided in NRS 244.276,

244.279, 244.2825 and 244.288:

    1.  When a board of county commissioners has determined by

resolution that the sale or exchange of any real property owned by

the county will be for purposes other than to establish, align,

realign, change, vacate or otherwise adjust any street, alley, avenue

or other thoroughfare, or portion thereof, or flood control facility

within the county and will be in the best interest of the county, it

may:

    (a) Sell the property at public auction, in the manner prescribed

for the sale of real property in NRS 244.282.

    (b) Sell the property through a licensed real estate broker, or if

there is no real estate broker resident of the county, the board of

county commissioners may negotiate the sale of the property. No

exclusive listing may be given. In all listings, the board of county

commissioners shall specify the minimum price, the terms of sale

and the commission to be allowed, which must not exceed the

normal commissions prevailing in the community at the time.

    (c) Exchange the property for other real property of substantially

equal value, or for other real property plus an amount of money

equal to the difference in value, if it has also determined by

resolution that the acquisition of the other real property will be in

the best interest of the county.

    2.  Before the board of county commissioners may sell or

exchange any real property as provided in paragraphs (b) and (c) of

subsection 1, it shall [publish a notice of its intention to sell or

exchange] :

    (a) Post copies of the resolution described in subsection 1 in

three public places in the county; and

    (b) Cause to be published at least once a week for 3 successive

weeks , in a newspaper qualified under chapter 238 of NRS[. In]

that is published in the county in which the real property is

located, a notice setting forth:

        (1) A description of the real property proposed to be sold or

exchanged in such a manner as to identify it;

        (2) The minimum price, if applicable, of the real property

proposed to be sold or exchanged; and

        (3) The places at which the resolution described in

subsection 1 has been posted pursuant to paragraph (a), and any

other places at which copies of that resolution may be

obtained.

If no qualified newspaper is published within the county in which

the real property is located, the required notice must be published

in some qualified newspaper printed in the State of Nevada and

having a general circulation within that county.

    3.  In addition to the requirements set forth in paragraph (b)

of subsection 2, in case of:

    (a) A sale, the notice must state the name of the licensed real

estate broker handling the sale and invite interested persons to

negotiate with him.

    (b) An exchange, the notice must call for offers of cash or

exchange. The commission shall accept the highest and best offer.

    [3.] 4.  If the board of county commissioners by its resolution

further finds that the property to be sold is worth more than $1,000,

the board shall appoint one or more disinterested, competent real

estate appraisers to appraise the property, and, except for property

acquired pursuant to NRS 371.047, shall not sell or exchange it for

less than the appraised value.

    [4.] 5.  If the property is appraised at $1,000 or more, the board

of county commissioners may sell it either for cash or for not less

than 25 percent cash down and upon deferred payments over a

period of not more than 10 years, secured by a mortgage or deed of

trust, bearing such interest and upon such further terms as the board

of county commissioners may specify.

    6.  As used in this section, “flood control facility” has the

meaning ascribed to it in NRS 244.276.

    Sec. 3.  NRS 244.282 is hereby amended to read as follows:

    244.282  1.  Except as otherwise provided in NRS 244.279,

before ordering the sale at auction of any real property the board

shall, in open meeting by a majority vote of the members, adopt a

resolution declaring its intention to sell the property at auction. The

resolution must:

    (a) Describe the property proposed to be sold in such a manner

as to identify it.

    (b) Specify the minimum price and the terms upon which it will

be sold.

    (c) Fix a time, not less than 3 weeks thereafter, for a public

meeting of the board to be held at its regular place of meeting, at

which sealed bids will be received and considered.

    2.  Notice of the adoption of the resolution and of the time and

place of holding the meeting must be given by:

    (a) Posting copies of the resolution in three public places in the

county not less than 15 days before the date of the meeting; and

    (b) [Publishing the resolution not less than] Causing to be

published at least once a week for [2] 3 successive weeks before the

meeting , in a newspaper [of general circulation] qualified under

chapter 238 of NRS that is published in the county [, if any such

newspaper is published therein.] in which the real property is

located, a notice setting forth:

        (1) A description of the real property proposed to be sold at

auction in such a manner as to identify it;

        (2) The minimum price of the real property proposed to be

sold at auction; and

        (3) The places at which the resolution described in

subsection 1 has been posted pursuant to paragraph (a), and

any other places at which copies of that resolution may be

obtained.

If no qualified newspaper is published within the county in which

the real property is located, the required notice must be published

in some qualified newspaper printed in the State of Nevada and

having a general circulation within that county.

    3.  At the time and place fixed in the resolution for the meeting

of the board, all sealed bids which have been received must, in

public session, be opened, examined and declared by the board. Of

the proposals submitted which conform to all terms and conditions

specified in the resolution of intention to sell and which are made by

responsible bidders, the bid which is the highest must be finally

accepted, unless a higher oral bid is accepted or the board rejects all

bids.

    4.  Before accepting any written bid, the board shall call for oral

bids. If, upon the call for oral bidding, any responsible person offers

to buy the property upon the terms and conditions specified in the

resolution, for a price exceeding by at least 5 percent the highest

written bid, then the highest oral bid which is made by a responsible

person must be finally accepted.

    5.  The final acceptance by the board may be made either at the

same session or at any adjourned session of the same meeting held

within the 10 days next following.

    6.  The board may, either at the same session or at any

adjourned session of the same meeting held within the 10 days next

following, if it deems the action to be for the best public interest,

reject any and all bids, either written or oral, and withdraw the

property from sale.

    7.  Any resolution of acceptance of any bid made by the board

must authorize and direct the chairman to execute a deed and to

deliver it upon performance and compliance by the purchaser with

all the terms or conditions of his contract which are to be performed

concurrently therewith.

    8.  All money received from sales of real property must be

deposited forthwith with the county treasurer to be credited to the

county general fund.

 

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