Nevada 2017 Regular Session Status: Enacted

AB 34 — Revises provisions relating to government land. (BDR 26-179)

Last action — Approved by the Governor. Chapter 145.

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  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2016. Enacted.

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

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477 added · 521 removed

477 line(s) added, 521 removed.

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(Reprinted with amendments adopted on April 25, 2017) SECOND REPRINT A.B.
Assembly Bill No.
34 A SSEMBLY B ILLN O.
34–Committee on Natural Resources, Agriculture, and Mining CHAPTER..........
34–OMMITTEE ON N ATURAL RESOURCES , GRICULTURE ,AND M INING (ON BEHALF OF THE DIVISION OFSTATE LANDS OF THESTATE D EPARTMENT OF C ONSERVATION AND NATURAL RESOURCES ) PREFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Natural Resources, Agriculture, and Mining SUMMARY—Revises provisions relating to government land.
(BDR 26-179) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
removing an exemption from procedural requirements for the sale or lease of state land for a lease of residential property with a term of 1 year or less;
removing an exemption from procedural requirements for the sale or lease of state land for a lease of residential property with a term of year or less;
LegUnder existing law, the Division of State Lands of the State Department of Conservation and Natural Resources must acquire and hold in the name of the State - *AB34_R2* – 2 – all land and interests in land owned or required by the State, with certain State Land Registrar.
Legislative Counsel’s Digest:
(NRS 321.010)istrator of the Division is, ex officio, the Existing law requires, with certain exceptions, the State Land Registrar to obtain two independent appraisals of any state land before offering the land for sale or lease.
Under existing law, the Division of State Lands of the State Department of Conservation and Natural Resources must acquire and hold in the name of the State all land and interests in land owned or required by the State, with certain exceptions.
(NRS 321.007) Section 1 of this bill decreases to one the number of independent appraisals that the State Land Registrar is required to obtain before offering state land for sale or lease.
(NRS 321.001) The Administrator of the Division is, ex officio, the State Land Registrar.
(NRS 321.010) Existing law requires, with certain exceptions, the State Land Registrar to or lease.
(NRS 321.007) Section 1 of this bill decreases to one the number offor sale independent appraisals that the State Land Registrar is required to obtain before offering state land for sale or lease.
Section 1 expands the prohibited degree of consanguinity or affinity of the appExisting law creates the Revolving Account for Land Management as a special account in the State General Fund.
appraiser’s relative to the third degree of consanguinity or affinity.f the Existing law creates the Revolving Account for Land Management as a special account in the State General Fund.
(NRS 321.067) Section 2 of this bill authorizes money in the Account also to be used to pay expenses relating to the acquisition of or interests in land.
(NRS pay expenses relating to the acquisition of or interests in land.
Section 2 also provides that the expenses for which money in the Account may be used may include land surveys, required assessments of the land, including surveys of the biological, environmental and cultural conditions and resources of the land, and any reqExisting law authorizes the State Land Registrar to request an allocation to the Revolving Account from the Contingency Account in the State General Fund if the balance in the Revolving Account is below $5,000.
Section 2 alsoto provides that the expenses for which money in the Account may be used may include land surveys, required assessments of the land, including surveys of the biological, environmental and cultural conditions and resources of the land, and any required mitigation of the land.
Existing law authorizes the State Land Registrar to request an allocation to the Revolving Account from the Contingency Account in the State General Fund if the - 79th Session (2017) – 2 – balance in the Revolving Account is below $5,000.
Existing law also provision of technical assistance in areas of this State where such assistance is requested.
Existing law also gives priority to the activities of the State Land Use Planning Agency in the requested.
(NRS 321.710) Section 3.5 of this bill limits the entities to which priority in the provision of technical assistance must be given to counties and cities.
(NRS 321.710) Section 3.5 of this bill limits the entities to which is priority in the provision of technical assistance must be given to counties and cities.
(NRS 244.2795, 268.059) - *AB34_R2* – 3 – Sections 6 and 7 of this bill expand the prohibited degree of consanguinity or affinity of the person from the first degree of consanguinity or affinity to the third of consanguinity or affinity.finity and, in certain circumstances, the second degree Section 9 of this bill repeals obsolete provisions relating to the Lincoln County Pilot Land Development and Disposal Law.
(NRS 244.2795, 268.059) affinity of the person from the first degree of consanguinity or affinity to the third degree of consanguinity or affinity and, in certain circumstances, the second degree of consanguinity or affinity.
(NRS 321.540-321.590) THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 9 of this bill repeals obsolete provisions relating to the Lincoln County Pilot Land Development and Disposal Law.
(NRS 321.540-321.590) EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Except as otherwise provided in subsection 5, NRS 321.008, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:
Except as otherwise provided in subsection 5, NRS 321.008, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for - 79th Session (2017) – 3 – land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:
(a) [Except as otherwise provided in this paragraph, obtain two] Obtain an independent [appraisals] appraisal of the land before selling or leasing it.
(a) [Except as otherwise provided in this paragraph, obtain two] selling or leasing it.
An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources - *AB34_R2* – 4 – of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.
An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest the owner of an adjoining property.er with the owner of the land or 4.
4.
and (b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.
and - 79th Session (2017) – 4 – (b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.
321.067 1.
hereby created as a special account in the State General Fund.
The Revolving Account for Land Management is hereby created as a special account in the State General Fund.
If the balance in the account is below [$5,000,] $20,000, the State Land Registrar may request an allocation from the - *AB34_R2* – 5 – Contingency Account in the State General Fund pursuant to NRS 353.266, 353.268 and 353.269.
If the balance in the account is below [$5,000,] $20,000, the State Land Registrar may request an allocation from the 353.266, 353.268 and 353.269.ate General Fund pursuant to NRS Sec.
Sec.
Except as otherwise provided in NRS 321.008, 321.125, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, [or a lease of residential property with a term of 1 year or less,] after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.
Except as otherwise provided in NRS 321.008, 321.125, 322.061, 322.063, 322.065 or 322.075, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, [or a lease of residential property with a term of 1 year or less,] after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, - 79th Session (2017) – 5 – including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.
Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, the State Land Registrar may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.
Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State State Land Registrar may, with the approval of the State Board ofthe Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.
and (d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.
and (d) The place where the sealed bids will be accepted, the first when and place where the sealed bids will be opened and oral offersme submitted pursuant to subsection 6 will be accepted.
- *AB34_R2* – 6 – 6.
6.
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If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.
If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at - 79th Session (2017) – 6 – least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.
The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if the State Land Registrar deems the bid or offer to be:
The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if the State Lan(a) Contrary to the public interest.o be:
(a) Contrary to the public interest.
The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.
The costs of acting expenses of appraisal, must be borne by the successful bidder.he 11.
11.
If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section.
If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the - *AB34_R2* – 7 – land for sale or lease a second time pursuant to this section.
If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.
If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a - 79th Session (2017) – 7 – person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.
321.710 1.
of the State Land Use Planning Agency.
The Administrator shall administer the activities of the State Land Use Planning Agency.
The Administrator hasvities authority and responsibility for the development and distribution of information useful to land use planning.
The Administrator has authority and responsibility for the development and distribution of information useful to land use planning.
Compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;
Compilation and continuing revision of data, on a statewide characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;
- *AB34_R2* – 8 – (b) Conservation and preservation of natural resources, agriculture, mineral development and forestry;
(b) Conservation and preservation of natural resources, agriculture, mineral development and forestry;
(f) Rural development, taking into consideration future demands for and limitations upon products of the land;
- 79th Session (2017) – 8 – (f) Rural development, taking into consideration future demands for and limitations upon products of the land;
4.
environmental, geological and physical conditions, including types of soil, which influence the desirability of various uses of land;
Preparation and continuing revision of an inventory of environmental, geological and physical conditions, including types of soil, which influence the desirability of various uses of land;
[9.] (f) Coordination of planning for state and local acquisition and use of federal lands within the State, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal;
[9.] (f) Coordination of planning for state and local acquisition and use of federal lands within the State, except that in the case of a body of the area where private lands are to be utilized has final authority to approve the proposal;
and - *AB34_R2* – 9 – [11.] (h) Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.
and [11.] (h) Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 79th Session (2017) – 9 – Sec.
Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:
Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:
(b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.
(b) Select the one independent appraiser or two independent pursuant to subsection 2., from the list of appraisers established (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b).
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b).
- *AB34_R2* – 10 – (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised;
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised;
An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources - 79th Session (2017) – 10 – of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if [the] :
An appraiser shall not perform an appraisal on any real [the] :y for sale or lease by the board of county commissioners if (a) The appraiser [or a person related to the appraiser within the first degree of consanguinity or affinity] has an interest in the real property or an adjoining property [.] ;
(a) The appraiser [or a person related to the appraiser within the first degree of consanguinity or affinity] has an interest in the real property or an adjoining property [.] ;
Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property - *AB34_R2* – 11 – larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:
Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:
(a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it.
- 79th Session (2017) – 11 – (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it.
If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it.
If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of appraisal or appraisals, as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.
The appraisal or appraisals, as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.
4.
property offered for sale or lease by the governing body if [the] :
An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if [the] :
or (c) The real property is located in a city in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining - *AB34_R2* – 12 – property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.
or (c) The real property is located in a city in a county whose population is less than 45,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.
5.
- 79th Session (2017) – 12 – 5.
(b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
(a) The sale or lease is void;
Sec.
and (b) Any change to an ordinance or law governing the zoning or years after the date of the void sale or lease.takes place within 5 Sec.
LEADLINES OF REPEALED SECTIONS 321.540 Short title.
~~~~~ 17 - 79th Session (2017)
321.550 “Department” defined.
321.560 Acquisition of lands by State Department of Conservation and Natural Resources authorized.
321.570 Powers of State Department of Conservation and Natural Resources concerning development of Lincoln County lands;
sale of lands.
321.580 Lincoln County Pilot Land Development and Disposal Fund:
Creation;
use.
321.590 Lincoln County Pilot Land Development and Disposal Fund:
Receipts to be credited;
reimbursement of State General Fund.
H - *AB34_R2*
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Action History

  1. Approved by the Governor. Chapter 145.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Government Affairs. To committee.

  8. In Senate.

  9. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  10. Placed on General File.

  11. From printer. To reengrossment. Reengrossed. Second reprint .

  12. Read third time. Amended. (Amend. No. 627.) To printer.

  13. From printer. To engrossment. Engrossed. First reprint .

  14. Read second time. Amended. (Amend. No. 617.) To printer.

  15. Placed on Second Reading File.

  16. From committee: Amend, and do pass as amended.

  17. Read first time. To committee.

  18. From printer.

  19. Prefiled. Referred to Committee on Natural Resources, Agriculture, and Mining. To printer.

Sponsors

  • Natural Resources, Agriculture, and Mining · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Natural Resources, Agriculture, and Mining

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 34?
AB 34 is sponsored by Natural Resources, Agriculture, and Mining.
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This bill has been enacted into law. Introduced November 16, 2016. Enacted.
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