AB 87 — Makes various changes to provisions governing the vacation or abandonment of certain easements. (BDR 22-460)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

8787–Assemblymen ANguyen SSEMBLYand BRoberts ILLNCHAPTER.......... O.

87–ASSEMBLYMEN N GUYEN AND ROBERTS F EBRUARY 2, 2021 ____________ Referred to Committee on Government Affairs SUMMARY—Makes various changes to provisions governing the vacation or abandonment of certain easements.

(BDR 22-460) 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.

Existing law further authorizes thereetsthetreets governing body of a city or county to establish by ordinance a simplified procedure for the vacation or abandonment of an easement for a public utility owned or controlled by the governing body.

(2) prohibit the vacation or abandonment unless the staff of the city or county makes certainwhether determinations;to approve the vacation or abandonment to appeal the decision to then governing body;

(3) authorize any person aggrieved by the decision on governing body;

-EXPLANATION *AB87_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

- 81st Session (2021) – 2 – 3.

or (b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body,  without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation.

(a) Notify each owner of property abutting the proposed abandonment.

Except as otherwise provided in [subsection] subsections 6 [,] and 11, if, upon public hearing, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated.

TheTheed governing body, or the planning commission, hearing examiner or - *AB87_R1* – 3 – other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed.

In addition to any other applicable requirements set forth in this section, before vacating or abandoning a street, the governing body of the local government having jurisdiction over the street, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide each public utility and video service provider serving the affected area- with81st writtenSession notice(2021) that– a3 petition– has been filed requesting the vacation or abandonment of the street.

After receiving the written the notice, the public utility or video service provider, as applicable, shall respond in writing, indicating either that the public utility or video service provider, as applicable, does not require an easement or that the public utility or video service provider, as applicable, wishes to request the reservation of an easement.

7.recorder, if all the conditions of the order have been fulfilled, and upon the recordation, title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest.

The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation, title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest.

If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his or her property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the - *AB87_R1* – 4 – owner if the sale would result in a complete loss of access to a street fro8.theIf the street was acquired by dedication from the abutting property.property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner.

8.

If the street was acquired by dedication from the abutting property owners or their predecessors in interest, no payment is required for title to the proportionate part of the street reverted to each abutting property owner.

If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against a determination- of81st reasonableSession consideration(2021) which– did4 not– take into account the public benefit.

consideration which did not take into 9.

Unless the vacation or abandonment of an easement is for a public utility owned or controlled by the governing body [.] , the simplified procedure must:

(c) Authorize any applicant or other person aggrieved by a decision on whether to approve the vacation or abandonment of thethe(d) easementProvide tothat appealif the decisionvacation toor theabandonment governingof body;the;

and - *AB87_R1* – 5 – (d) Provide that if the vacation or abandonment of the easement is approved, the vacation or abandonment is not effective until the order of approval is recorded in the office of the county recorder.

 A simplified procedure established pursuant to this subsection must not apply to the vacation or abandonment of any street,tionstreet, drainage easement, sidewalk or other pedestrian right of way.

The governing body may establish by local ordinance a simplified procedure for the vacation or abandonment of a street for the- purpose81st ofSession conforming(2021) the– legal5 description– of real property to a recorded map or survey of the area in which the real property is to a located.

H~~~~~ 21 - *AB87_R1*81st Session (2021)