NRS 268.660
Denial of annexation

  • annexation over protest
  • exclusion of lands owned by public body.

1.

Except as provided in subsection 2, the annexation must be denied if protests are made, either in writing as provided in NRS 268.656 or at the public hearing, by:

(a)

A majority in number of the real property owners of the territory proposed to be annexed; or

(b)

The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.

2.

Annexation of territory to a city may be approved over any protest if:

(a)

The territory proposed to be annexed is entirely surrounded by such city and:

(1)

Does not exceed 40 acres in area; or

(2)

Is subdivided for residential, commercial or industrial purposes;

(b)

Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and

(c)

The city to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.

3.

In a county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, if an annexation is denied because of:

(a)

A protest made pursuant to subsection 1, the regional planning commission shall review the program of annexation and the comprehensive regional plan and shall:

(1)

Place the territory removed from the program of annexation in a category in the comprehensive regional plan that is not scheduled to receive public facilities or public services for the duration of the annexation program;

(2)

Place the territory removed from the program of annexation, with the consent of the governing body of the county and the governing body of the affected city, in a category in the comprehensive regional plan that is scheduled to receive public facilities and public services from the county; or

(3)

Retain the territory within the program of annexation. This subparagraph does not preclude a subsequent proceeding with respect to all or part of that territory if the proceeding is commenced more than 1 year after the public hearing.

(b)

A failure of the city to put into effect the program of annexation, the regional planning commission may direct that the territory be placed in a category in the comprehensive regional plan that allows the county to provide services to the territory.

4.

A public body may exclude its own lands from annexation if they are held for purposes other than highways.

Source: Section 268.660 — Denial of annexation; annexation over protest; exclusion of lands owned by public body., https://www.­leg.­state.­nv.­us/NRS/NRS-268.­html#NRS268Sec660.

268.610
Applicability.
268.612
Definitions.
268.614
“City” defined.
268.616
“Commission” defined.
268.618
“Contiguous” defined.
268.620
“Executive officer” defined.
268.622
“Majority of the property owners” defined.
268.623
“Sphere of influence” defined.
268.624
“Value” defined.
268.625
Program of annexation: Adoption by certain cities
268.626
Annexation commission: Creation in certain counties
268.628
Annexation commission: Members
268.630
Annexation commission: Powers and duties.
268.632
Services of planning commission and county officers.
268.634
Annexation commission: Personnel
268.636
Procedures for initiating annexation or detachment of property.
268.638
Notice of intention to annex: Contents
268.640
Review of proposed annexation by planning commission
268.642
Public hearing: Date
268.644
Scope of public hearing
268.646
Factors to be considered in review of proposed annexation.
268.648
Commission’s determination following hearing
268.650
Disapproval of annexation: No subsequent notice of intention to annex may be filed within 1 year.
268.652
Notice of commission’s action to be given by executive officer to clerk of governing body of city
268.654
Publication of petition or resolution of intention to annex after commission’s approval
268.656
Protests to proposed annexation by owners of real property.
268.658
Hearing
268.660
Denial of annexation
268.662
Determination of number and identity of owners of real property
268.663
Inclusion of county road, state highway or railroad in annexed territory.
268.664
Proceedings for detachment of territory from city.
268.666
Boundaries of city not to be changed within 90 days before election
268.668
Order of district court staying proceeding for annexation or detachment
268.670
Annexation of contiguous territory owned by city or upon petition of all owners of real property: Alternative procedures.
268.671
Notice of annexation to public utilities and rural electric cooperatives.
268.6255
Requirements for land proposed for annexation by certified program of annexation.
Last Updated

Feb. 5, 2021

§ 268.660’s source at nv​.us