Nevada 2019 Regular Session Status: In Committee

SB 251 — Requires an interim study concerning the development of certain golf courses. (BDR S-60)

Last action — (No further action taken.)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

AN ACT relating to property; directing the Legislative Commission to appoint a committee to conduct an interim study concerning the development of residential golf courses; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

69 added · 169 removed

69 line(s) added, 169 removed.

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S.B.
(Reprinted with amendments adopted on April 19, 2019) FIRST REPRINT S.B.
251 S ENATE BILL NO .
251 SENATE B ILLN O.
251–SENATORS W OODHOUSE AND P ARKS M ARCH 5, 2019 ____________ JOINT SPONSORS :
251–SENATORS W OODHOUSE AND PARKS M ARCH 5, 2019 ____________ JOINT S PONSORS :
ASSEMBLYMEN F UMO AND C OHEN ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to the development of certain golf courses.
ASSEMBLYMEN F UMO AND C OHEN ____________ Referred to Committee on Government Affairs SUMMARY—Requires an interim study concerning the development of certain golf courses.
(BDR 22-60) FISCAL NOTE:
(BDR S-60) FISCAL NOTE:
CONTAINS UNFUNDED MANDATE (§ 4) (NOTREQUESTED BAFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
~ EXPLANATION – Matter in bolded italics is new;
establishing certain requirements for the conversion of land used as a residential golf course to another use;
directing the Legislative Commission to appoint a committee to conduct an interim study concerning the development of residential golf courses;
establishing requirements for the maintenance of certain residential golf courses;
subjecting a residential golf course to a restrictive covenant enforceable by certain owners of land surrounding the residential golf course;
authorizing such owners of land to bring an action to recover a diminution in value of the land as a result of the conversion of a residential golf course;
Existing law authorizes the governing bodies of cities and counties to regulate and restrict the improvement of land and to control the location and soundness of structures.
Section 1 of this bill requires the Legislative Commission to appoint a committee to conduct an interim study concerning the development of residential golf courses.
(NRS 278.020) This bill imposes various requirements on the conversion of land used as a residential golf course to any other use.
Section 1 generally defines the term “residential golf course” to mean certain land used for golfing or golfing practice that is located within 750 feet of a to:
Section 2 of this bill generally defines the term “residential golf course” to mean certain land parcel of land used for residential purposes.located within 2,000 feet of a lot or Section 3 of this bill requires an owner of a residential golf course who wishes to convert the land to any other use to provide notice to certain owners of surrounding land and hold two neighborhood meetings.
(1) consult with and solicit input from persons with expertise in matters relevant to the development of residential golf courses;
Section 3 also requires the - *SB251* – 2 – governmental entity whose approval is necessary for such a conversion to require, as a condition of the approval:
and (2) submit a report of its findings and any recommendations to the Legislature.
(1) the owner to prove that the operation of the environmental impact study;
(3) 35 percent of the converted land to be open-space land;
and (4) certain setbacks for buildings on the converted land.
Section 4 of this bill requires the owner of a residential golf course that discontinues daily operation or maintenance of the residential golf course to:
(1) provide notice to certain owners of surrounding land;
and (2) continue maintenance on the residential golf course in accordance with procedures and standards adopted by A restrictive covenant is a “private agreement, usually in a deed or lease, that restricts the use or occupancy of real property.” (20 Am.
Jur.
2d Covenants, Etc.
§ 148 (2019)) Though usually a private agreement in a deed or lease, common law restrictive covenants may also arise by implication in certain circumstances involving a common development scheme.
The Nevada Supreme Court has not “acknowledged implied restrictive covenants in the context of a common (Frederic & Barbara Rosenberg Living Trust v.
MacDonald Highlands Realty,” LLC, 134 Nev.
Adv.
Op.
69, 427 P.3d 104, 110 (2018)) Section 5 of this bill provides that a residential golf course is deemed to be subject to a restrictive covenant that restricts the use of the land to a residential golf course.
Certain owners of land surrounding the residential golf course are authorized to enforce the restrictive covenant.
golf course that has been converted to any other use to bring an action to recoverial the diminution in value of their land caused by such a conversion.
Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec.
2.
“Residential golf course” means a lot or parcel of land that:
The Legislative Commission shall appoint a committee to conduct an interim study concerning the development of residential golf courses.
(a) May be used for golfing or golfing practice by the public or by the members and guests of a private club;
and (b) Is located within 2,000 feet of a lot or parcel of land used for residential purposes.
The term includes improvements to such a lot or parcel of land, including, without limitation, turf, bunkers, trees, irrigation, lakes, lake liners, bridges, practice ranges, golf greens, golf tees, paths and trails.
The committee must be composed of:
(a) Two members of the Legislature appointed by the Majority Leader of the Senate;
- *SB251_R1* – 2 – (b) Two members of the Legislature appointed by the Speaker of the Assembly;
(c) One member of the Legislature appointed by the Minority Leader of the Senate;
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and (d) One member of the Legislature appointed by the Minority Leader of the Assembly.
The term does not include:
The Legislative Commission shall appoint a Chair and a Vice Chair from among the members of the interim committee.
(a) A commercial golf driving range that is not operated in conjunction with a golf course.
(b) A clubhouse, pro shop, restaurant or other building that is associated with a golf course.
- *SB251* – 3 – Sec.
3.
1.
An owner of a residential golf course may convert the residential golf course to any other use of the land if the change is approved by the appropriate governing body, commission or board pursuant to NRS 278.010 to 278.630, inclusive, and sections 2 to 6, inclusive, of this act.
2.
An owner may undertake a conversion pursuant to subsection 1 only if, in addition to any other requirements set forth in NRS 278.010 to 278.630, inclusive, and sections 2 to 6, inclusive, of this act, the owner holds two neighborhood meetings to provide an explanation of the proposed conversion.
Notice of such meetings must be:
(a) Given by the owner of the residential golf course to the owner, as listed on the records of the county assessor, of each lot or parcel of land used for residential purposes located within 2,000 feet of the residential golf course;
and (b) Sent by mail at least 10 days before the neighborhood meeting and include the date, time, place and purpose of the neighborhood meeting.
3.
Before a residential golf course is converted to any other use, the governing body, commission or board whose approval is necessary pursuant to NRS 278.010 to 278.630, inclusive, and sections 2 to 6, inclusive, of this act shall require, as a condition of the approval of the conversion:
(a) The owner of the residential golf course to prove to the governing body, commission or board, as applicable, by a preponderance of the evidence that the continued operation of the res(b) The owner of the residential golf course to conduct an environmental impact study of the proposed conversion;
(c) Thirty-five percent of the converted land to be open-space land;
and (d) Buildings on the converted land to be set back not less than 100 feet from any building existing at the time of conversion on an adjacent lot or parcel of land.
As used in this section:
In conducting the study, the committee shall:
(a) “Open-space land” means land that is undeveloped natural landscape, including, without limitation, ridges, stream corridors, natural shoreline, scenic areas, viewsheds, agricultural or other similar landscapes.
(a) Examine, research and identify the procedures available in this State and other states for the conversion of land used as a residential golf course to any other use;
(b) “Preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.
and (b) Consider how such procedures should involve affected local governments, owners of residential golf courses and the residents of affected communities.
Sec.
4.
1.
If the owner of a residential golf course discontinues daily operation or maintenance of the residential golf course, the owner shall:
- *SB251* – 4 – (a) Within 10 days after the discontinuance of daily operation or maintenance, notify in writing the owner, as listed on the records of the county assessor of each lot or parcel of land used for residential purposes which is located within 2,000 feet of the residential golf course;
and (b) Continue maintenance of the residential golf course in accordance with procedures and standards adopted by the governing body.
2.
A governing body shall, by ordinance, set forth standards and procedures for the continued maintenance of a residential golf course that has discontinued daily operation or maintenance.
Such standards and procedures must ensure the maintenance of the health, safety, aesthetic, economic and general welfare of properties abutting the residential golf course and the protection of the surrounding neighborhood against nuisances, blight and deterioration.
Sec.
A residential golf course shall be deemed to be subject to a restrictive covenant restricting the use of the land to a residential golf course.
The committee shall consult with and solicit input from persons with expertise in matters relevant to the development of residential golf courses, including, without limitation:
The restrictive covenant runs with the land and is fully binding on behalf of and enforceable by each owner of a plot or parcel of land used for residential purposes that is located within 2,000 feet of the residential golf course against the owner of the residential golf course.
(a) A representative of a local governmental entity that regulates planning, zoning and the development of land;
Sec.
(b) A representative of a business that develops residential golf courses;
6.
(c) A representative of persons who live in communities with res(d) A representative of the Real Property Section of the State Bar of Nevada;
1.
and 6.
An owner of a plot or parcel of land used for residential purposes that is located within 2,000 feet of a residential golf course that has been converted to any other use owner of the converted residential golf course to determinest the whether such conversion caused a diminution in value of the plot or parcel of land of the owner.
The committee shall submit a report of its findings, including, without limitation, any recommendations for legislation, to the 81st Session of the Nevada Legislature.
2.
Upon a determination that such a conversion caused a diminution in value of the plot or parcel of land of the owner, the owner shall recover a sum equal to the diminution in value, plus reasonable attorney’s fees and costs.
Sec.
NRS 278.010 is hereby amended to read as follows:
As used in this section:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
(a) “Residential golf course” means a lot or parcel of land that:
Sec.
(1) May be used for golfing or golfing practice by the public or by the members and guests of a private club;
8.
and (2) Is located within 750 feet of a lot or parcel of land that is zoned for residential use.
NRS 278.0235 is hereby amended to read as follows:
(b) “Residential golf course” does not include:
278.0235 No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board authorized by NRS 278.010 to 278.630, - *SB251* – 5 – inclusive, and sections 2 to 6, inclusive, of this act unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body, commission or board.
(1) A commercial golf driving range that is not operated in conjunction with a golf course;
Sec.
(2) A clubhouse, pro shop, restaurant or other building that is associated with a golf course;
9.
or (3) A lot or parcel owned by a person or an affiliate of a person who holds a state gaming license for a resort hotel, as defined in NRS 463.01865.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
- *SB251_R1* – 3 – Sec.
Sec.
2.
10.
H - *SB251*
H - *SB251_R1*
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Amendments

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Action History

  1. (No further action taken.)

  2. In Assembly. Read first time. Referred to Committee on Legislative Operations and Elections. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. Notice of exemption. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  4. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 360.) To printer.

  5. From printer. To committee.

  6. Read first time. Referred to Committee on Government Affairs. To printer.

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 63 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (63)

63 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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housing environment
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Frequently asked questions

What does SB 251 do?
AN ACT relating to property; directing the Legislative Commission to appoint a committee to conduct an interim study concerning the development of residential golf courses; and providing other matters properly relating thereto.
Who sponsors SB 251?
SB 251 is sponsored by Senator David Parks, Cohen, Lesley, Ozzie Fumo, and Joyce Woodhouse.
What is the current status of SB 251?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 251?
Track SB 251 free on One Click Politics — get push/email alerts when it moves.

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