USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 43 - JUDICIAL CONFIRMATION
This chapter shall be known as the
Judicial Confirmation Law.
(Added to NRS by 1969, 134)
The Legislature of the State
of Nevada determines, finds and declares in connection with this chapter:
1. An early judicial examination into and determination of the
validity of any power, instrument, act or project of any municipality
promotes the health, comfort, safety, convenience and welfare of the
people of this state.
2. The provision in this chapter of the purposes, powers, duties,
privileges, immunities, rights, liabilities and disabilities pertaining
to municipalities will serve a public function and effect a public
purpose.
3. Any notice provided for in this chapter is reasonably
calculated to inform each person of interest in any proceedings
thereunder which may directly and adversely affect his legally protected
interests, if any.
4. The rule of strict construction shall have no application to
this chapter, but this chapter shall be liberally construed to effect the
purposes and objects for which it is intended.
(Added to NRS by 1969, 134)
Except where the context otherwise
requires, the definitions in NRS 43.040
to 43.090 , inclusive, govern the
construction of the Judicial Confirmation Law.
(Added to NRS by 1969, 135)
“Act” means any action, proposed or
taken, by a municipality in the exercise of any power.
(Added to NRS by 1969, 135)
“Executive Officer” means
the de jure or de facto Governor of this state, mayor, chairman,
president or other titular head or chief official of the municipality
proceeding under this chapter, but “Executive Officer” does not include a
city manager, county manager or other chief administrator of a
municipality who is not its titular head.
(Added to NRS by 1969, 136)
1. “Governing body” means:
(a) The state commission or state board responsible for the
exercise of a power by the State or responsible for an instrument, act or
project of the State to which court proceedings authorized by this
chapter and initiated by the State pertain; and
(b) The city council, city commission, board of supervisors, board
of commissioners, board of trustees, board of directors, board of regents
or other legislative body of a municipality proceeding under this chapter.
2. “Governing body” does not include the Legislature of the State
of Nevada if the municipality is the State or any corporation,
instrumentality or other agency thereof.
(Added to NRS by 1969, 135)
“Instrument” means any contract,
deed, bond, other security, proceedings or other document of any kind,
proposed, or executed or otherwise made, and pertaining to a municipality
proceeding under this chapter.
(Added to NRS by 1969, 135)
“Municipality” means the State
of Nevada, or any corporation, instrumentality or other agency thereof,
or any incorporated city, any unincorporated town, or any county, school
district, conservancy district, drainage district, irrigation district,
general improvement district, other corporate district constituting a
political subdivision of this State, housing authority, urban renewal
authority, other type of authority, the Nevada System of Higher
Education, the Board of Regents of the University of Nevada, or any other
body corporate and politic of the State of Nevada, but excluding the
Federal Government.
(Added to NRS by 1969, 135; A 1983, 111; 1987, 1717; 1993, 362;
2005, 362 )
“Project” means any undertaking,
proposed or taken, to which a power, instrument or act of a municipality
proceeding under this chapter and before a court for judicial
confirmation pertains.
(Added to NRS by 1969, 135)
1. In its discretion the governing body may file or cause to be
filed a petition at any time in the district court in and for any county
in which the municipality is located or any act or project is undertaken,
wholly or in part, praying a judicial examination and determination of
the validity of any power conferred or of any instrument, act or project
of the municipality, whether or not such power has been exercised, such
instrument has been executed or otherwise made or such act or project has
been taken.
2. Such petition shall set forth the facts whereon the validity of
such power, instrument, act or project is founded and shall be verified
by the Executive Officer.
(Added to NRS by 1969, 135)
The action shall be in the nature of a proceeding in rem, and
jurisdiction of all parties interested may be had by publication and
posting, as provided in this chapter.
(Added to NRS by 1969, 136)
1. Notice of the filing of the petition shall be given by the
clerk of the court, under the seal thereof, stating in brief outline the
contents of the petition and showing where a full copy of any instrument
therein mentioned may be examined.
2. The notice shall be served:
(a) By publication at least once a week for 5 consecutive weeks by
five weekly insertions, in at least a newspaper of general circulation in
the municipality; and
(b) By posting the same in the office of the municipality at least
30 days prior to the date fixed in the notice for the hearing on the
petition.
3. Jurisdiction shall be complete after such publication and
posting.
(Added to NRS by 1969, 136)
1. Any owner of property in the municipality or any other person
interested in the power, instrument, act or project, or otherwise
interested in the premises may appear and move to dismiss or answer the
petition at any time prior to the date fixed for the hearing or within
such further time as may be allowed by the court.
2. The petition shall be taken as confessed by all persons who
fail so to appear.
(Added to NRS by 1969, 136)
1. The petition and notice shall be sufficient to give the court
jurisdiction, and upon hearing the court shall examine into and determine
all matters and things affecting the question submitted, shall make such
findings with reference thereto and render such judgment and decree
thereon as the case warrants.
2. Costs may be divided or apportioned among any contesting
parties in the discretion of the district court.
(Added to NRS by 1969, 136)
Review of
the judgment of the court may be had as in other similar cases, except
that such review must be applied for within 30 days after the time of the
rendition of such judgment or within such additional time as may be
allowed by the court within 30 days.
(Added to NRS by 1969, 136)
1. Nevada Rules of Civil Procedure shall govern in matters of
pleading and practice where not otherwise specified herein.
2. The court shall disregard any error, irregularity or omission
which does not affect the substantial rights of the parties.
3. All cases in which there may arise a question of the validity
of any matter under this chapter shall be advanced as a matter of
immediate public interest and concern, and be heard at the earliest
practicable moment.
(Added to NRS by 1969, 136)
1. This chapter, without reference to other statutes of this
state, except as otherwise expressly provided in this chapter, shall
constitute full authority for the exercise of the powers therein granted.
2. The powers conferred by this chapter shall be in addition and
supplemental to, and not in substitution for, and the limitations imposed
thereby shall not affect the powers conferred by, any other law.
3. Nothing contained in this chapter shall be construed as
preventing the exercise of any power granted to the municipality, acting
by and through the governing body, or any officer, agent or employee of
the municipality, or otherwise, by any other law.
4. No part of this chapter shall repeal or affect any other law or
part thereof, it being intended that this chapter shall provide a
separate method of accomplishing its objectives and not an exclusive one;
and this chapter shall not be construed as repealing, amending or
changing any such other law.
(Added to NRS by 1969, 136)
