NRS 408.533
Disposal of property.


1.

Except as otherwise provided in NRS 37.270, all real property, interests therein or improvements thereon and personal property acquired before, on or after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489 must, after approval by the Board and if no longer needed for highway purposes, be disposed of by the Director in accordance with the provisions of subsection 2, except that:

(a)

When the property was originally donated to the State, no charge may be made if it is returned to the original owner or to the holder of the reversionary right.

(b)

When the property has been wholly or partially paid for by towns, cities or counties, disposal of the property and of money received therefor must be agreed upon by the governing bodies of the towns, cities and counties and the Department.

(c)

When the title to the real property has been acquired in fee pursuant to NRS 408.487 and 408.489 and, in the opinion of the Board, a sale by means of a public auction or sealed bids is uneconomical or impractical because:

(1)

There is no access to the property;

(2)

The property has value or an increased value only to a single adjoining property owner; or

(3)

Such a sale would work an undue hardship upon a property owner as a result of a severance of the property of that owner or a denial of access to a public highway,
Ê the Board may enter into a direct sale of the property with such an owner or any other person for its fair market value.

(d)

When the property has been acquired and the property or any portion of the property is no longer needed for highway purposes, the Department shall give notice of its intention to dispose of the property by publication in a newspaper of general circulation in the county where the property is situated. The notice must include the Department’s appraisal of the fair market value of the property. Any person from whom the property was purchased or the person’s heir or grantee may purchase the property at its fair market value by direct sale from the Department within 60 days after the notice is published. If more than one person qualified to purchase the property by direct sale pursuant to this paragraph so requests, the person with the superior claim, as determined by the Department in its sole discretion, is entitled to purchase the property by direct sale. If a person who is entitled to purchase the property by direct sale pursuant to this paragraph reasonably believes that the Department’s appraisal of the property is greater than the fair market value of the property, the person may file an objection to the appraisal with the Department. The Department shall set forth the procedure for filing an objection and the process under which a final determination will be made of the fair market value of the property for which an objection is filed. The Department shall sell the property in the manner provided in subsection 2 if:

(1)

No person requests to purchase the property by direct sale within 60 days after the notice is published pursuant to this paragraph; or

(2)

A person who files an objection pursuant to this paragraph fails, within 10 business days after receipt of a written notice of the final determination of the fair market value of the property, to notify the Department in writing that he or she wishes to purchase the property at the fair market value set forth in the notice.

(e)

When the property is sought by another public agency for a reasonable public use, the Department may first offer the property to the public agency at its fair market value.

2.

All property, interests or improvements not included within the provisions of subsection 1 must first be offered for sale by the Department singly or in combination at public auction or by sealed bids. If the highest bid received is 90 percent or more of the Department’s appraisal of the fair market value of the property, the property may be sold to the highest bidder. The notice and the terms of the sale must be published in a newspaper of general circulation in the county where the property is situated. The auctions and openings of bids must be conducted by the Department. If the property cannot be sold for 90 percent or more of its fair market value, the Department may enter into a written listing agreement with a person licensed pursuant to chapter 645 of NRS to sell or lease the property for 90 percent or more of its fair market value.

3.

It is conclusively presumed in favor of the Department and any purchaser for value that the Department acted within its lawful authority in acquiring and disposing of the property, and that the Director acted within his or her lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and the Department shall not warrant title, furnish title insurance or pay the tax on transfer of real property.

4.

No person has a right of action against the Department or its employees for a violation of this section. This subsection does not prevent an action by the Attorney General on behalf of the State of Nevada or any aggrieved person.

5.

All sums of money received by the Department for the sale of real and personal property must be deposited with the State Treasurer to be credited to the State Highway Fund, unless the Federal Highway Administration participated in acquisition of the property, in which case a pro rata share of the money obtained by disposal of the property must be paid to the Federal Highway Administration.

6.

The Department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection 5 of NRS 408.489. The easements, rights or interests include, but are not limited to:

(a)

Abutter’s rights of light, view or air.

(b)

Easements of access to and from abutting land.

(c)

Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

Source: Section 408.533 — Disposal of property., https://www.­leg.­state.­nv.­us/NRS/NRS-408.­html#NRS408Sec533.

408.010
Short title.
408.015
Rules of construction.
408.020
Definitions.
408.033
“Board” defined.
408.037
“Business” defined.
408.040
“City” defined.
408.042
“Conveyance system” defined.
408.045
“Department” defined.
408.046
“Director” defined.
408.047
“Displaced person” defined.
408.050
“Encroachment” defined.
408.056
“Family” defined.
408.057
“Farm operation” defined.
408.058
“Farmer” defined.
408.059
“Federal-aid highways” defined.
408.060
“Freeway” defined.
408.065
“Frontage road” defined.
408.067
“Grade line” defined.
408.070
“Highway” defined.
408.077
“Planning agency” defined.
408.078
“Public lands” defined.
408.080
“Rights-of-way” defined.
408.090
“Shall” and “may” construed.
408.095
“Town” defined.
408.100
Declaration of legislative intent.
408.106
Creation
408.115
Office.
408.118
Study of operations of Department: Legislative approval required.
408.119
Governor authorized to direct naming of state highway, road, bridge or transportation facility after deceased member of Armed Forces of United States
408.121
Adoption and use of seal
408.126
Meetings.
408.133
Plan for measuring performance of Department
408.141
Rules
408.146
Sale or lease of certain water rights to public utility
408.151
Loans from financial institutions
408.160
Director: Appointment
408.163
Director: Qualifications
408.170
Director: Other employment prohibited
408.178
Qualifications and classifications of Deputy Directors and Chief Engineer.
408.180
Oaths of Director and Deputy Directors.
408.185
Facsimile signatures of Director and Deputy Directors.
408.190
Duties of Director: General plan of highways
408.195
Duties of Director: General supervision of highways.
408.200
Duties of Director: Standards for construction and maintenance
408.201
Duties of Director: Policies for use of recycled materials in highways.
408.203
Duties of Director: Reports to Legislature.
408.210
Powers of Director: Closing and construction of highways
408.212
Powers of Director: Easements for monorail or other systems of transportation.
408.213
Powers of Director: Designation of highway as scenic route
408.214
Duties of Director: Designation of restricted highways.
408.220
Duties of Director: Reports to Board.
408.228
Highway Safety Information and Outreach Coordinator: Creation
408.233
Planning Division: Responsibilities and duties
408.234
Motor Vehicle Recovery and Transportation Planner: Creation
408.235
State Highway Fund: Creation
408.240
State Highway Revolving Account: Establishment
408.242
Establishment of nonreverting account for construction, reconstruction, improvement and maintenance of public roads consisting of money transferred from Fund for Cleaning Up Discharges of Petroleum and money from other sources
408.245
Acceptance of federal acts.
408.250
Federal acts: State highways
408.255
Federal acts: Secondary and feeder highways
408.260
Federal lands: Construction and maintenance of highways
408.270
Vouchers for payment
408.271
Department may expend money to conduct studies and match federal money for capital acquisitions.
408.273
Issuance of bonds.
408.275
Surveys, maps and studies of traffic
408.280
Program for work on highways: Contents
408.281
Program for work on highways: Inclusion of designated projects for use of recycled products.
408.283
Cooperative agreements between Department of Transportation and county commissioners.
408.285
State highways
408.290
Procedure for establishment of new routes.
408.303
U.S. Highway No. 6 designated as Grand Army of the Republic Highway
408.307
Comstock Highway: Designation
408.309
Designation of Route 94.
408.313
Manner of construction
408.317
Supervision of work by Director
408.319
Report of projects for construction and maintenance: Preparation
408.321
Consideration of motor vehicle recovery lanes, bicycle lanes, various services for bicycles and turnouts for slower vehicles.
408.323
Conditions for execution of work without contract
408.327
Advertisement for bids
408.333
Bids and bidders: Experience and financial ability
408.337
Bids and bidders: Security
408.343
Bids and bidders: Procedure for award of contract
408.346
Monetary incentive for early completion of contract.
408.347
Execution of contract in name of State
408.353
Interest of member of Board, officer or employee prohibited
408.354
Contract awarded to railroad company may provide under certain circumstances that railroad company is exempt from requirements concerning bonds.
408.357
Bids and bidders: Bonds required of successful bidders
408.363
Claims against contractor’s bond
408.367
Project not exceeding $250,000: Solicitation and rejection of bids
408.373
Contractor: Compliance with state laws concerning workers’ compensation and unemployment compensation
408.377
Subcontractor: Approval
408.379
Subcontractor: State business license required.
408.383
Contractor: Partial payments
408.387
Contract: Publication of notice of final acceptance
408.388
Projects for which Department may contract with design-build team.
408.393
Enforcement of laws concerning labor
408.397
Procedure for diversion or change of route of highway.
408.403
Freeways.
408.407
Reimbursement of utility by State for relocation of facility located on or near certain highways.
408.413
Improvement of state highway Route No. 81.
408.417
Guideposts, signs and markers: Erection
408.423
Permit required to excavate state highway
408.427
Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction
408.433
Roadside parks and rest areas: Unlawful acts
408.439
Advisory Committee on Transportational Storm Water Management: Creation
408.441
Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances
408.442
Entry and inspection of premises.
408.444
Violations: Remedies
408.446
Violations: Director authorized to issue order for compliance
408.448
Violations: Injunctive relief
408.449
Violations: Civil penalty
408.451
Director to conduct independent investigation before determining whether to take certain corrective actions
408.0465
“Discharge” defined.
408.487
Acquisition of property: Purposes.
408.489
Acquisition of property: Manner
408.493
Acquisition of property: Survey and location of right-of-way
408.497
Construction, alteration or improvement of highway: Claim for damage to land or interests
408.503
Eminent domain: Resolution by Board
408.507
Lease or rental of property.
408.513
Acquisition of property by towns and cities
408.517
Acquisition of property by counties
408.523
Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs
408.527
Procedure for relinquishment of roadways
408.533
Disposal of property.
408.537
State consent to close public road on public land: Application
408.543
State consent to close public road on public land: Duties of Department.
408.547
State consent to close public road on public land: Determination by Board
408.548
Authority of Department to request submission of proposals
408.549
Federal, state or local assistance.
408.551
“Center” defined.
408.553
Designation of locations for signs and centers.
408.557
Regulations.
408.559
Development and review of plan.
408.561
Toll-free telephone system for public accommodations
408.562
Director’s recommendations for programs: Approval by Board
408.563
Agreements with governmental agencies or others.
408.567
Account for Systems of Providing Information to the Traveling Public: Creation
408.569
System of communication to report emergencies and to obtain information concerning conditions for driving required along certain frequently traveled highways.
408.571
Educational program: Duty of Department to develop
408.573
Nevada Bicycle and Pedestrian Advisory Board: Creation
408.577
Nevada Bicycle and Pedestrian Safety Advisory Board: Duties
408.579
Electric bicycles authorized for use on trails or walkways intended for use by bicycles.
408.601
Permits to solicit charitable contributions while standing on median strip of highway or sidewalk adjacent to highway.
408.2831
Contents of agreement.
408.2832
Priority of improvement projects
408.2833
Standards for project.
408.3195
Written analysis of costs and benefits of proposed highway projects: Contents
408.3875
Definitions.
408.3876
“Design-build contract” defined.
408.3877
“Design-build team” defined.
408.3878
“Prime contractor” defined.
408.3879
“Project” defined.
408.3881
Public meeting
408.3882
Procedure for selecting design-build team.
408.3883
Request for preliminary proposals: Advertisement by Department
408.3884
Qualifications of design-build team.
408.3885
Procedure for selecting finalists from among design-build teams that submitted preliminary proposals.
408.3886
Requests for final proposals and best and final offers: Selection or rejection of proposal or offer
408.3887
Employment of architect or engineer as consultant during construction.
408.3888
Certain submittals confidential until notice of intent to award contract is issued.
408.5471
“Transportation facility” defined.
408.5473
Authority of Department to authorize transportation facilities.
408.5475
Submission of request to Department
408.5483
Approval of request or proposal: Determination of public purpose
408.5484
Certain submittals confidential until notice of intent to award contract is issued.
408.5485
Contract for transportation services.
408.5501
Definitions.
408.5502
Agreement required for longitudinal or wireless access to right-of-way by telecommunications provider
408.55011
“Council” defined.
408.55012
“Longitudinal access” defined.
408.55013
“Permit” defined.
408.55014
“Right-of-way” defined.
408.55015
“Statewide telecommunications purposes” defined.
408.55016
“Telecommunications facility” defined.
408.55017
“Telecommunications provider” defined.
408.55018
“Utility facility” defined.
408.55019
“Wireless access” defined.
408.55021
Longitudinal or wireless access not granted where safety, efficiency or convenience of use by traveling public compromised.
408.55022
Costs of trenching and trench sharing to be proportionate and shared fairly among parties to agreement.
408.55023
Monetary compensation must be deposited in State Highway Fund
408.55024
Department may offer use of and access to spare conduit and related facilities to telecommunications provider: Requirements
408.55025
In-kind compensation: Types
408.55026
Two or more telecommunications providers: Agreements must require shared obligation for compensation
408.55027
Existing policies and procedures relating to utilities in rights-of-way not altered
408.55028
Telecommunications Advisory Council: Creation
408.55029
Regulations.
Last Updated

Jun. 24, 2021

§ 408.533’s source at nv​.us