When the corporate authorities
of any city or town, or the judge of the district court for any county in
this state in which any unincorporated town is situated, shall have
entered at the proper office of the Bureau of Land Management the land,
or any part of the land, settled and occupied as the site of such city or
town, pursuant to and by virtue of the Act of Congress entitled “An act
for the relief of the inhabitants of cities and towns upon the public
lands,” approved March 2, 1867 (43 U.S.C. §§ 718 to 723, inclusive), the
corporate authorities or the judge of the district court shall dispose of
and convey the title to such lands, or to the several blocks, lots,
parcels or shares thereof, to the persons specified in this chapter.
[1:28:1869; B § 3856; BH § 411; C § 339; RL § 1980; NCL § 2905]
1. Whenever the corporate authorities or the judge of the district
court shall have received a certificate of entry, patent or other
evidence of title to the real property embraced within the limits of any
city or town, the corporate authorities or the judge of the district
court shall cause the same to be recorded in the land records of the
proper county.
2. A certificate of entry, patent or other evidence of title shall
be recorded by the county recorder; and to entitle the certificate of
entry, patent or other evidence of title to be recorded it shall not be
necessary to present or make, nor shall the county recorder require, any
oath or affirmation that all or any part of the taxes for county and
state purposes, assessed, due or payable upon the real property, have
been paid.
[1:9:1875; BH § 423; C § 351; RL § 1992; NCL § 2917]
1. Any corporate authorities, the judge of the district court
holding the title to any land in trust, as declared in 43 U.S.C. §§ 718
to 723, inclusive, or any one of his successors in office shall, by a
good and sufficient deed of conveyance, grant and convey the title to
each block, lot, share or parcel of the same to the person or persons who
shall have, possess or be entitled to the right of possession or
occupancy thereof, according to his or their several and respective
rights or interests in the same, as they existed in law or equity at the
time of the entry of such lands, or to his or their heirs or assigns.
2. When any parcel or share of such lands shall be occupied or
possessed by one or more persons claiming the same by grant, lease or
sale from one or more other persons, the respective rights and interests
of such persons, in relation to each other, in the same, shall not be
changed or impaired by any such conveyance.
3. Every deed of conveyance made by any corporate authorities or
the judge of the district court, pursuant to the provisions of this
chapter, shall be so executed and acknowledged as to admit the same to be
recorded.
[2:28:1869; B § 3857; BH § 412; C § 340; RL § 1981; NCL §
2906]—(NRS A 1969, 154)
1. Within 90 days after the receipt by the corporate authorities
or the judge of the district court of a patent for such lands, the
corporate authorities or the judge of the district court entering the
lands shall give public notice thereof by:
(a) Publication of a notice once a week for at least 6 successive
weeks or 30 days daily in a newspaper printed and published in the county
in which such city or town is situated, but if no newspaper is printed
and published in the county, publication of the notice shall be made in
some newspaper printed and published in Carson City, Nevada; and
(b) Posting notices in six of the most public places in the city or
town for 30 days.
2. The notice shall contain a correct description of the lands so
entered as the same is stated in the patent.
[3:28:1869; A 1871, 163; B § 3858; BH § 413; C § 341; RL § 1982;
NCL § 2907]
1. Within 6 months after the first publication of the notice
provided for in NRS 325.040 , each
person, company, corporation or association claiming to be an occupant or
occupants, or to have, possess or be entitled to the right of occupancy
or possession of such lands, or any block, lot, share or parcel thereof,
shall, in person or by his or its duly authorized attorney, sign a
written statement containing a correct description of the particular
parcel or parts in which he or it claims to be entitled to receive, and
deliver the same to, or into the office of, the corporate authorities or
the judge of the district court.
2. All applications for conveyances under this chapter for the
benefit of minors and insane persons shall be made by the guardian or
trustee of such minor or insane person. All applications for such
conveyances for the benefit of married women may be made by their
husbands, if in this state, but in case of the absence of the husband
from this state or his refusal to make such application, then a married
woman may apply in her own name.
3. Except as provided in subsection 4 and in NRS 325.130 , all persons, companies, corporations or
associations or their heirs, successors or assigns failing to sign and
deliver such statement within the time specified in subsection 1 shall be
forever debarred the right of claiming or recovering such lands or any
interest or entail therein, or in any part, parcel or share thereof, in
any court of law or equity.
4. The bar to the right of claiming or recovering such lands or
any interest or entail therein as provided in subsection 3 shall not
apply to minors or insane persons.
[4:28:1869; A 1871, 163; B § 3859; BH § 414; C § 342; RL § 1983;
NCL § 2908]—(NRS A 1969, 155)
1. Should two or more persons, companies, corporations or
associations claim adversely the title to any lot, lots or parcels of
land within the boundaries of such city or town, the corporate
authorities, the judge of the district court having entered the same, or
any one of his successors in office shall, immediately after the time for
filing claims has expired, either by force of NRS 325.050 or 325.140 ,
certify and transmit all proceedings and papers had or being before them
or him in the premises to the district court of the county in which the
lot, lots or parcels of land are situated.
2. Upon the receipt of the papers and proceedings, properly
certified, and upon payment of court fees and costs, the clerk of the
district court shall:
(a) Enter the case upon the register of actions. The name of the
claimant whose claim was first filed with and by the corporate
authorities or the judge of the district court shall be entered upon the
register of actions as plaintiff, and the name or names of the other
claimant or claimants who filed adversely shall be entered as defendant
or defendants.
(b) Serve upon each claimant or his agent or attorney a written
notice that the claim of such claimant is contested. The notice shall
specify the particular lot, block or parcel so contested and the name of
the adverse claimant.
Ę Thereafter, the cause shall proceed in all respects as in cases
originally brought in the district court.
3. Any party in the action deeming himself aggrieved by the
determination or judgment of the district court may appeal therefrom to
the supreme court, as in other cases.
4. Upon the final determination of the contest, the clerk of the
district court or the clerk of the supreme court, as the case may be,
forthwith shall certify the decision to the corporate authorities or the
judge of the district court. Upon receipt of the decision, duly
certified, the corporate authorities or the judge of the district court
shall, as in other cases, make out, execute and deliver to the party or
parties in whose favor the decision is made a conveyance in fee simple
for the lot, lots or parcels of land awarded in the decision.
[5:28:1869; B § 3860; BH § 415; C § 343; RL § 1984; NCL § 2909] +
[6:28:1869; B § 3861; BH § 416; C § 344; RL § 1985; NCL § 2910]—(NRS A
1969, 155)
1. After the issuance of the patent for such lands, the corporate
authorities, the judge of the district court to whom the patent has been
issued or any one of his successors in office shall make out, execute and
deliver to each person, company, corporation or association who may be
legally entitled to the same, as provided in NRS 325.050 , 325.090 or
325.130 , or as determined under the
provisions of NRS 325.060 , a deed in
fee simple for such part or parts, or lot or lots, of land on payment of:
(a) His or its proper and due proportion of the purchase money for
such land, together with his or its proportion of such sums as may be
necessary to pay for streets, alleys, squares and public grounds, which
shall not exceed 50 cents for each lot; and
(b) Such further sums as shall be a reasonable compensation for:
(1) Executing and acknowledging such deed, not exceeding the
sum of $3 for the first lot and $1 for each additional lot claimed by the
same owner.
(2) Counsel fees and, where determined, moneys expended in
the acquisition of the title and the administration of the trust,
including reasonable charges for time and services while employed in such
trust, not exceeding the sum of $1 for each lot. No estimate shall be
made for counsel fees unless the same shall have been actually and
necessarily expended.
2. The charges specified in subsection 1 shall be full payment for
all expenses attending the execution except for revenue stamps.
3. Deeds made under the provisions of this chapter for the benefit
of minors and insane persons shall be to the guardian or trustee of such
minor or insane person, as the case may be, in trust for such minor or
insane person.
[7:28:1869; A 1871, 163; B § 3862; BH § 417; C § 345; RL § 1986;
NCL § 2911]—(NRS A 1965, 83; 1969, 156)
All
lots, blocks, shares or parcels of land within the boundaries of the city
or town which shall not have been claimed as provided in NRS 325.050
or 325.130 shall, after the limitation provided in NRS
325.050 or 325.140 has expired, be sold and the proceeds of such
sale disposed of as provided in NRS 325.090 .
[2:9:1875; BH § 424; C § 352; RL § 1993; NCL § 2918]—(NRS A 1969,
156)
1. If any lot, block, share or parcel of such land is not claimed
as provided in NRS 325.050 or 325.130
, such land shall be sold to the highest
bidder, after notice as required in NRS 325.140 . The net proceeds, after deduction of all
legitimate expenses, shall be applied to the construction and equipment
of public buildings, highways, water, light or sewerage systems for the
city or town within which the land is situated.
2. The corporate authorities or the judge of the district court
are further empowered to lease, for a term not exceeding 10 years, upon
such conditions as appear reasonable, any lots, blocks, shares or parcels
of land, including areas dedicated as streets and alleys, whenever it
shall be made to appear by verified petition and public hearing thereon,
after notice as required in NRS 325.040 , that such procedure is for the best interests
of the city or town. Such lease may include the right to remove any and
all mineral-bearing rock and earth contained within such leased area.
[8:28:1869; A 1877, 186; 1927, 109; NCL § 2912]—(NRS A 1969, 157)
In all cases where it
shall become necessary, in the opinion of the citizens of the town, to
make a survey of any townsite for the purpose of identifying or locating
the lots, blocks, squares, streets or alleys contained within the limits
of the townsite, the costs of the survey shall be paid to the trustees to
defray the expenses of the survey. The costs shall be paid by the
claimants pro rata.
[5:82:1871; B § 3866; BH § 421; C § 349; RL § 1990; NCL §
2915]—(NRS A 1959, 183)
1. Any corporate authorities or the judge of the district court
becoming a trustee under 43 U.S.C. §§ 718 to 723, inclusive, who shall,
prior to the final execution of their trust, as provided in this chapter,
go out of office, are empowered to discharge and execute all trusts which
they may have assumed, in all respects in the same manner and subject to
the same duties and requirements as if they had continued in office.
2. In case of death, 90 days’ absence from this state, or other
disability of the trustees to execute the trust created by 43 U.S.C. §§
718 to 723, inclusive, it shall be lawful for the corporate authorities
or the judge of the district court of the county in which any such city
or town is situated, who may succeed the trustee in office, to assume the
trust, and he or they are empowered to execute the same in all respects
in the same manner and subject to all the duties and requirements as
provided in this chapter.
3. Any district judge who carries out any of the functions or
exercises any of the powers which are provided in this chapter does so
with the same measure of authority as that which was conferred upon the
corporate authorities or the judge of the district court who entered the
lands pursuant to 43 U.S.C. §§ 718 to 723, inclusive.
[9:28:1869; B § 3864; BH § 419; C § 347; RL § 1988; NCL § 2913] +
[6:82:1871; B § 3867; BH § 422; C § 350; RL § 1991; NCL § 2916]—(NRS A
1969, 157)
SETTLEMENT OF ADVERSE CLAIMS
Where adverse claims, clouds upon the title or other
difficulties associated with or attributable to deficiencies in land
title have been asserted or are otherwise related to the claim of title
to or interest in any part of the land in any county settled and occupied
as the site of a city or town upon public land, pursuant to 43 U.S.C. §§
718 to 723, inclusive, the procedure provided in this chapter is the
exclusive means of determining such claims of title or interest.
(Added to NRS by 1969, 153)
1. Any person, company, corporation or association that claims any
right, title or interest in any block, lot, share or parcel of land
situate in any townsite which has been entered or patented pursuant to 43
U.S.C. §§ 718 to 723, inclusive, and that desires to establish or confirm
his or its claim shall, in person or by his or its duly authorized
attorney, file a verified statement in the office of the clerk of the
district court for the county in which such land is located.
2. The written statement shall contain but shall not be limited to:
(a) An accurate and complete property description.
(b) An account of the nature and extent of the claimant’s interest
in or title to such land.
3. The statement shall be accompanied by such fees as the judge or
the clerk of the court may request to defray the cost of publication and
posting as provided in NRS 325.140 .
(Added to NRS by 1969, 154)
1. Upon the filing of any statement and upon receipt of the
accompanying fee, the district judge shall cause notice of the claim to
be made by both of the following methods:
(a) Publication of the notice at least once a week for 4 successive
weeks in a newspaper of general circulation, which is published in the
county in which the land is situate. If no newspaper is published in that
county, publication must be made in a newspaper of general circulation in
the county.
(b) Posting a copy of the notice in three public places in the
townsite and in a conspicuous place on the property described in the
claim for 30 days.
2. The notice must contain but, without limitation:
(a) The name of the claimant.
(b) The interest or title claimed.
(c) A complete and accurate description of the property.
(d) A statement containing the provisions of subsection 3.
3. Any adverse claimant must file a verified statement in the
office of the clerk of the district court not later than 30 days from the
last publication or 30 days from the posting of the notice provided in
subsection 2, whichever is later.
4. No adverse claim, for the purposes of this section, may be
asserted in any way other than that provided in subsection 3.
(Added to NRS by 1969, 154; A 1985, 273)
Upon the execution and delivery of the deed, as provided in NRS
325.070 , any prior adverse claim or
interest in the property conveyed thereby is forever barred.
(Added to NRS by 1969, 154)
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