SB 36 — Revises provisions governing the purchase, sale or lease of real property by a local government. (BDR 20-489)

(I) The sale or lease restricts the use of the real property to a publ(II)public Theuse; board adopts a resolution finding that the sale or lease will be in the best interest of the county.

propertyand pursuant(II) toThe paragraphboard (d)adopts isa notresolution requiredfinding tothat offerthe tosale reconveyor thelease realwill propertybe toin the personbest frominterest whomof the realcounty. property was received or acquired by donation or dedication.

(f) A board of county commissioners that disposes of real property pursuant to paragraph (d) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

- *SB36_R1* – 7 – (h) If real property 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 real property, the board of county commissioners may list the real property for sale or lease at the appraised value or average of the appraised value if two or more appraisals were obtained, as applicable, with a licensed real estate broker, provided that the broker or a person related to the broker 80th Session (2019) – 7 – within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

244.282Sec. 1.NRS Except as otherwise provided in NRS 244.279,:

before4. ordering the sale at auction of any real property, the board resolution declaring its intention to sell the real property at auction.

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 real property at auction.

- *SB36_R1* – 8 – 2.

and 80th Session (2019) – 8 – (b) Causing to be published at least once a week for 3 successive weeks before the [meeting,] auction, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth [:] in bold face type:

(a) At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in thepublic proposalssession, submittedbe whichopened, conformexamined to all terms and conditionsdeclared specified in the resolution of intention to sell and which are made by accepted, unless a higher oral bid is accepted or the boardboard. rejects all bids.

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.

- *SB36_R1* – 9 – 4.

80th Session (2019) – 9 – (a) At the time and place fixed in the resolution for holding the auction, any person may submit a bid in the manner and on the Internet website or other electronic medium specified in the resolution.

Any resolution of acceptance of any bid made by the board must authorize and direct the chair to execute a deed and to deliver it upon performance and compliance by the purchaser with all the terms or conditions of the purchaser’s contract which are to be [8.]performed 6.edAllconcurrently moneytherewith. received from sales of real property must be deposited forthwith with the county treasurer to be credited to the cou[9.] 7.

[8.] 6.

All money received from sales of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.

[9.] 7.

A city council shall not enter into a lease of real property owned by the city for a term of 3 years or longer or enter -80th *SB36_R1*Session (2019) – 10 – into a contract for the sale of real property until after the property has been appraised pursuant to NRS 268.059.

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 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:

The appraisal or appraisals, as applicable, must be based on the zoning 80th Session (2019) – 11 – of the real property as set forth in the master plan for the city and - *SB36_R1* – 11 – must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

adjoining(a) property;r has an interest in the real property or an (b) The real property is located in a city in a county whose appraiser has an interest in the real property or an adjoining propertyproperty; and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity;

(b) The real property is located in a city in a county whose population is 45,000 or more 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 third degree of consanguinity or affinity;

80th Session (2019) – 12 – Sec.

Except as otherwise provided in this subsection and NRS 268.048 to 268.058, inclusive, 268.063, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as - *SB36_R1* – 12 – otherwise provided 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 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:

and (2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of located,NRS athat noticeis settingpublished forth:nty in which the realcounty propertyin iswhich (I) A description of the real property proposedis tolocated, bea soldnotice orsetting leased(II)forth: The minimum price, if applicable, of the real property proposed to be sold or leased;

(I) A description of the real property proposed to be sold or leased in such a manner as to identify it;

(II) The minimum price, if applicable, of the real property proposed to be sold or leased;

(c) If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the governing body shall, as applicable, conduct an appraisal or 80th Session (2019) – 13 – appraisals pursuant to NRS 268.059 to determine the value of the real property.

- *SB36_R1* – 13 – (2) If only one independent appraisal was obtained, the appraised value of the real property.

(II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease;

or (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease.

(f) A governing body that disposes of real property pursuant to paragraph (e) is not required to offer to reconvey the real property to 80th Session (2019) – 14 – the person from whom the real property was received or acquired by donation or dedication.

[If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the] The - *SB36_R1* – 14 – governing body must obtain a new appraisal or appraisals, as applicable, of the real property pursuant to the provisions of NRS 268.059 before offering the real property for sale or lease a second time [.] if:

If the appraisal or appraisals, as applicable, were prepared more than 6 months before the date on which the real property is listed with a licensed real estate broker, the governing body must obtain one new appraisal of the real property pursuant to the provisions of NRS 268.059 before listing the real property for sale or lease at the new app2.iseIfappraised realvalue. property is sold or leased in violation of the provisions of this section:

(b)2. 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.

If real property is sold or leased in violation of the provisions of this section:

(a) The sale or lease is void;

and (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.

Except as otherwise provided in this section and NRS 268.048 to 268.058, inclusive, 268.063, 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 80th Session (2019) – 15 – 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 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, the governing body shall, in open - *SB36_R1* – 15 – meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the real property at auction.

(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting;

andnand the (b) Causing to be published at least once a week for 3 successive weeks before the [meeting,] auction, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth [:] in bold face type:

and 80th Session (2019) – 16 – (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.

Of the proposals submitted which conform to all - *SB36_R1* – 16 – terms and conditions specified in the resolution of intention to sell or lease 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 governing body rejects all bids.

the(a) auction,At anythe persontime mayand submitplace afixed bid in the mannerresolution andfor oningholding the Internetauction, websiteany orperson othermay electronicsubmit mediuma specifiedbid in the specifiedmanner in the resolution.ain open for the period of time (b) The city and employeeson of the cityInternet arewebsite not liable for the failure of a computer, laptop or tablet computer, smartphone or any other electronic medium orspecified device, including, without limitation, hardware, software or application, computer network or Internet website, which prevents a person from participating in anthe auction.resolution.

Bidding must remain open for the period of time specified in the resolution.

(b) The city and employees of the city are not liable for the failure of a computer, laptop or tablet computer, smartphone or any other electronic medium or device, including, without 80th Session (2019) – 17 – limitation, hardware, software or application, computer network or Internet website, which prevents a person from participating in an auction.

Any resolution of acceptance of any bid made by the governing body must authorize and direct the chair of the governing body to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or - *SB36_R1* – 17 – conditions of the contract which are to be performed concurrently therewith.

The costs of acting upon the application, including the costs of publication and the expenses of appraisal [,] and any related costs, must be borne by the successful bidder.albidder. [,] [9.] 7.

[9.] 7.

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