relocation,If section 28 authorizes the easementrelocation holderrequires to continue to use the existingconstruction easement according to the terms of thean courtimprovement orderas untila thecondition propertyfor ownerrelocation, sendssection certain28 requiredauthorizes notice that the easement holder isto ablecontinue to enter, use and enjoy the existing easement inAssembly theAmendment newNo. location.

134 to Assembly Bill No.

192 Page 4 according to the terms of the court order until the property owner sends certain required notice that the easement holder is able to enter, use and enjoy the easement in the new location.

(1) execute an affidavit certifying that the easement has been relocated [;] in accordance with the order;

(2) record the affidavit in the land records of each jurisdictioncertified inmail whichto the propertyeasement isholder located;and all parties to the civil action.recorded affidavit by Sections 29 and 30 provide that:

and (3) send a copy of the recorded affidavit by certified mail to the easement holder and all parties to the civil action.

- 83rd Session (2025) – 2 – Sections 29 and 30 provide that:

and (2) the right of a property owner to relocate an easement under the Act with court approval may not be waived, excluded or restricted by agreement even in circumstances where the instrument which created the easement contains certain restrictions.

Sections 47 and 48 establish thefor typesa ofmodification modifications to which the Act doesapplies: and does not apply.

Section(1) 48the providesmortgage that,continues forto asecure modificationthedes tothat, whichobligation theas Actmodified; applies:

(1)(2) the mortgagepriority continuesof tothe securemortgage theis obligationnot asaffected modified;by the modification;

(2)(3) the mortgage retains its priority ofeven if the mortgagemodification is not affected by the recorded in the land records of a jurisdiction in which the property is located;

and (10) a modification of the payment amountamouSection or schedule resulting from another modification to which the Section 47 provides that the Act does not affect existing law governing the required content of a mortgage, statutes of limitation, recording, priority of certain liens, certain electronic transactions or the priority of certain future advances.

§§ 7001 et seq.) -THE 83rdPEOPLE SessionOF (2025)THE –STATE 3OF –NEVADA, EXPLANATIONREPRESENTED –IN MatterSENATE inAND boldedASSEMBLY, italicsDO isENACT new;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:

Assembly Amendment No.

134 to Assembly Bill No.

192 Page 5 Sec.

4.

“Appurtenant easement” means an easement tied to or dependent on ownership or occupancy of [a unit or a parcel of] real property.

5.

“Conservation easement” [means a nonpossessory property interest created for one or more of] has the [following conservation purposes:

1.

Retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological or open-space values of real property;

2.

Ensuring the availability of real property for agricultural, forest, outdoor-recreational or open-space uses;

3.

Protecting natural resources, including wetlands, grasslands and riparian areas;

“AppurtenantMaintaining easement” means an easement tied to or dependentenhancing onair ownership or occupancywater ofquality; real property.

to5. the term “easement for conservation” in NRS 111.410.ibed Sec.

Preserving the historical, architectural, archeological, paleontological or cultural aspects of real property;

or 6.

Any other purpose under] meaning ascribed to the term “easement for conservation” in NRS [111.390 to 111.440, inclusive.] 111.410.

Sec.

“Easement”:“Easement” [means] :

[1.] (a) Provides a right to enter, use or enjoy real property owned by or in the possession of another;

and [2.] (b) Imposes on the owner or possessor a duty not to interfere with the entry, use or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use or enjoyment authorized by law [.] or prescriptive rights.

“Easement in gross” means an easement not tied to or dependent on ownership or occupancy of [a unit or a parcel of] real property.

“Lessee of record” means a person holding a lesSec.lessee’s interest under a recorded lease or memorandum of lease.

Sec.

“Negativeer“Negative easement” means a reasement”easemeansemorandunonpossessorynonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate.

- 83rd Session (2025) – 4 – Sec.

1.

The United States or an agency of the United States;

A general improvement district, as defined in NRS 318.020;318.020;or 4.

or 4.

“Public-utility easement”:easement” [means] :

Means a nonpossessory property interest in which the easement holder is:is [a] :

(a)Assembly AAmendment publiclyNo. regulated or publicly owned utility under federal law or law of this State or a municipality;

134 to Assembly Bill No.

192 Page 6 (a) A publicly regulated or publicly owned utility under federal law or law of this State or a municipality [.

The term includes] ;

The term includes the interest of a lessor and lessee.lessee .

that[and, isunless inscribedthe oninterest ais tangiblepersonal mediumproperty orunder thatlaw isof storedthis inState another electronicthan orthis otherchapter, mediuman andinterest isin retrievablea incommon-interest perceivablecommunity.] form.Sec.

15.

“Record” means, when used as a noun, information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

A record creating a lien on real property to secure an obligation under a covenant running with the real property.property .

-[or 83rdowed Sessionby (2025)a –unit 5owner –to a common- interest community association.] Sec.

“Servient estate” means an estate or interest in real proSec.property that is burdened by an easement.

Sec.

[“Unit” means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community.] (Deleted by amendment.) Sec.

(a) A public-utility easement, public-entity easement, conservation easement,easement , [or] negative easement [;] or easement associated with a public road;

(b) An easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public-utility easement,easement , public-entity easement or an easement appurtenant to a conservation easement [.] or a public road;

or (c)Assembly AnAmendment easementNo. created by a declaration in accordance with the provisions of chapter 116 of NRS.

134 to Assembly Bill No.

192 Page 7 (c) An easement created by a declaration in accordance with the provisions of chapter 116 of NRS.

- 83rd Session (2025) – 6 – 3.

During or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the eas5.entDuringeasement; the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;

5.

During the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;

(c) The current and proposed locations of the easement [;] and any improvements to be included in the relocated easement;

-(d) 83rd Session (2025) – 7 – section 22 of this act;asement is eligible for relocation under (e) The reason the proposedeasement relocationis satisfieseligible the conditions for relocation under section 2322 of this act;

and(e) (f)The Thatreason the servientproposed estaterelocation ownersatisfies has made a reasonable attempt to notify the holdersconditions offor anyrelocation public-utilityunder easement,section public-23 entity easement, conservation easement or negative easement on the servient estate or dominant estate of thethis proposedact; relocation.

4.and (f) That the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, public-entity easement, conservation easement or negative easement on the servient estate or dominant estate of the proposed relocation.

Assembly Amendment No.

134 to Assembly Bill No.

192 Page 8 4.

The court may not approve relocation of an eas(a) Establishes that the easement isunder eligiblethis forchapter relocationunless underthe sectionservient 22estate ofowner: this act;

(a) Establishes that the easement is eligible for relocation under section 22 of this act;

(e) Describe mitigation required of the servient estate owner dur(f)during Referrelocation; in detail to the plans and specifications of improvements necessary for the easement holder to enter, use and enjoy the easement in the new location;

(f) Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use and enjoy the easement in the new location;

- 83rd Session (2025) – 8 – (i) Include a provision for compliance by the parties with the obligation of good faith under section 27 of this act;

and (j) Instruct the servient estate owner to record an affidavit, if required under subsection 1 of section 28 of this act, when the ser3.enAnservient orderestate underowner subsectionsubstantially 2completes mayrelocation. include any other.

provision3. consistent with this chapter for the fair and equitable relocation of the easement.

An order under subsection 2 may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.

Before a servient estate owner proceeds with relocation of an easement under this chapter, the owner must:must [record,] :

(a) Record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection 2;2 [.] ;

and (b) The applicable land use authority is not required to hold a public hearing or consider the amendment in a public meeting, if relocation of the easement is the only amendment to the recorded subdivision map, record of survey, parcel map, map of division into large parcels or reversionary map.

Sec.Assembly Amendment No.

134 to Assembly Bill No.

192 Page 9 Sec.

Any liability or damages incurred by the easement holder arising out of the relocation of the easement, including, without limitation, expenses relating to environmental investigation, - 83rd Session (2025) – 9 – remediation, restoration or reclamation and any reasonable attorney’s fees associated with the liability or damages incurred by the easement holder;

Any cleanup, removal, repair, remediation, detoxification or 5.stoDuringrestoration therequired relocation, mitigating disruption in the use and enjoyment of the easement by thea easementpublic holderentity; or another person entitled to use and enjoy the easement;

6.5.

During the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;

[3.] 6.

[4.] 7.

[5.] 8.

[6.] 9.

[7.] 10.

[8.] 11.

and [9.] 12.

approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.

27.

After the court, under section 25 of this act, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.

Sec.

(a) Record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated [;] in accordance with the order and any certificate of amendment required under subsection 4 of section 25 of this act;

and - 83rd Session (2025) – 10 – (b) Send, by certified mail, a copy of the recorded affidavit to the easement holder and all parties to the civil action.

Until an affidavit under subsection 1 is recorded and sent, the easement holder may enter, use and enjoy the easement in the thiscurrent actlocation, approvingsubject relocation.heto the court’s order under section 25 of 3.this act approving relocation.

3.

Sec.Assembly Amendment No.

134 to Assembly Bill No.

192 Page 10 Sec.

(b) Is not a breach or default of, and does not trigger, a due-due-on-sale on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this chapter;

and (f) Is not a fraudulent conveyance or voidable transaction und2.under law.

laThis2. chapter does not affect any other method of relocating an easement permitted under law of this state other than this chapter.

This chapter does not affect any other method of relocating an easement permitted under law of this state other than this chapter.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of - 83rd Session (2025) – 11 – the law with respect to its subject matter among the states that enact it.

This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 section 101(c) of that act, 15 U.S.C.

§§§ 7001(c),7001 oret authorizedeseq., electronicbut deliverydoes ofnot anymodify, oflimit theor noticessupersede described in section 103(b)101(c) of that act, 15 U.S.C.

§ 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C.

“Mortgage” means an agreement that creates a performanceconsensual ofinterest anin obligation,real regardlessproperty of:reto secure payment or (a)performance How the agreement is denominated, including a mortgage, deed of trust,an trustobligation, deed,regardless securityof: deed, indenture and deed to secure debt;

and(a) (b)How Whether the agreement alsois createsdenominated, including a mortgage, deed of trust, trust deed, security interestdeed, inindenture personaland property;deed to secure debt;

and Assembly Amendment No.

134 to Assembly Bill No.

192 Page 11 (b) Whether the agreement also creates a security interest in personal property;

or - 83rd Session (2025) – 12 – 3.

“Obligation” means a debt, duty or other liability, secSec.secured by a mortgage.

Sec.

Attach to or logically associate with the record an eleSec.electronic symbol, sound or process.

Sec.

1.bol,Except1. as provided in subsection 3, this chapter applies to a mortgage modification.

Except as provided in subsection 3, this chapter applies to a mortgage modification.

-3. 83rd Session (2025) – 13 – modifications:apter does not apply to any of the following (a) A release of, or addition to, property encumbered by a mortgage;

This chapter does not apply to any of the following modifications:

(a) A release of, or addition to, property encumbered by a mortgage;

(c)Assembly TheAmendment mortgageNo. retains its priority regardless of whether a record of the mortgage modification is recorded in the land records of a jurisdiction in which the property is located;

134 to Assembly Bill No.

192 Page 12 (c) The mortgage retains its priority regardless of whether a record of the mortgage modification is recorded in the land records of a jurisdiction in which the property is located;

mortgage2. modifications:lies to one or more of the following (a) An extension of the maturity date of an obligation;

Subsection 1 applies to one or more of the following mortgage modifications:

(a) An extension of the maturity date of an obligation;

monetary(d) obligation;ionA capitalization of unpaid interest or other unpaid (e) A forgiveness, forbearance or other reduction of principal, accrued interest or other monetary obligation;

(e) A forgiveness, forbearance or other reduction of principal, accrued interest or other monetary obligation;

- 83rd Session (2025) – 14 – (i) A modification of a financial covenant;

The effect of a mortgage modification not described in subSec.subsection 2 is governed by other law.

Sec.

~~~~~ 25 - 83rd Session (2025)