USA Statutes : nevada
Title : Title 21 - CITIES AND TOWNS
Chapter : CHAPTER 270 - CORRECTION AND VACATION OF PLATS
Whenever:
1. The map or plat of any city or of any part thereof or addition
thereto, filed or recorded in accordance with the then existing law or
filed and recorded in accordance with this chapter is, by reason of error
or mistake, or lack of sufficient description, or by reason of the fact
that the original map or plat is lost or destroyed, or by reason of the
fact that there have been filed or recorded two or more conflicting maps
or plats for such city or part thereof or addition thereto, is uncertain
or ambiguous; or
2. By reason of the mistaken, faulty, erroneous platting or
description of or on any such map or plat, or by reason of the
destruction of section corners or other artificial or natural monuments,
there is any substantial uncertainty, ambiguity or confusion as to the
correct and accurate description or location of the lands, blocks or lots
therein described or the lines of the blocks, lots, streets, alleys,
highways, parks, school property, cemeteries or other pieces or parcels
devoted to public use,
Ê such lost or destroyed map or plat may be restored or such faulty,
erroneous or ambiguous map or plat may be corrected, or the confusion,
ambiguity or uncertainty arising by reason of there being two or more
conflicting maps or plats, or by reason of the destruction of section
corners or other artificial or natural monuments, may be cured as
provided in NRS 270.010 to 270.150
, inclusive.
[1:120:1919; 1919 RL p. 2663; NCL § 1355]—(NRS A 1977, 1515)
1. The city council, or other legislative board of any such city,
upon its own motion or resolution or upon the petition of any property
holder and taxpayer within the city, affected by such loss, destruction,
uncertainty, ambiguity, confusion or conflict, may instruct and employ
the city surveyor or the county surveyor of the county in which the city
is situate, or any other professional land surveyor, to make a complete
survey of such city or of such part thereof or addition thereto and to
prepare a correct and accurate map or plat of such survey, upon which map
or plat all of the blocks, lots, streets, alleys, highways, parks, school
property, cemeteries and other properties devoted to public use must be
shown.
2. The map or plat must show by course and distance accurate ties
with well-known and established section, or quarter section, corner or
corners, and with some permanent artificial monument or monuments erected
or constructed with definite and exact relation to the center line of the
streets of such city or such part thereof or addition thereto and with
such marks or monuments of original surveys as may be found and
identified, together with an accurate description of each such section,
or quarter section, corner, monument or mark.
3. The map must be entitled substantially as follows: “Map of
survey of city of ................(or of........ addition to city of
................, as the case may be) under the provisions of chapter 270
of NRS and in accordance with a resolution of
the board of supervisors of the city of ................ (or as the case
may be). Passed ................ (giving date).”
4. The map must bear the sworn certificate of the surveyor making
the same and must be made upon vellum, tracing cloth or other material of
a permanent nature generally used for such purpose in the engineering
profession, and must be drawn to a convenient scale sufficiently large to
show clearly all lines and corners of blocks, lots, streets, alleys,
highways, parks, school property, cemeteries and other property devoted
to public use. Where there is any uncertainty as to the correct position,
description or line of any lot, block, street, alley or other piece or
parcel of property affected, or wherever there is a conflict or
contradiction in point, line, numbering, lettering or other description,
by reason of conflicting maps, theretofore filed or recorded, or by
reason of mistakes or inaccuracies in any prior map or plat, or
otherwise, the same must be clearly shown or indicated. Wherever the line
on which fences, buildings or other improvements have been built in
accordance with prior maps, plats or surveys, or otherwise, and the same
appear to be in conflict with the lines, points or directions, as shown
in the map or plat herein provided for, such conflict or conflicts must
likewise be clearly shown.
5. The map may be prepared in as many sections and with such
changes in scale as may be necessary to show clearly the matters herein
required.
[2:120:1919; 1919 RL p. 2664; NCL § 1356]—(NRS A 1960, 136; 1977,
1515; 1989, 789)
1. The city council or other legislative board of the city shall
allow to the city engineer or county engineer or other engineer employed
for making such survey and maps a reasonable compensation for his
services and for the services of such assistant or assistants as he may
employ in the work and such expenses as are necessary to mark permanently
the points and lines of such survey.
2. In the event that the engineer employed shall for any reason
fail to complete the work within a reasonable time, the board or council
may employ such other and further engineers or surveyors as may be
necessary to complete the work.
[3:120:1919; 1919 RL p. 2664; NCL § 1357]
1. When the survey has been completed and the map or maps, or plat
or plats, prepared as provided in NRS 270.010 to 270.150 ,
inclusive, the board or council shall cause sufficient prints thereof to
be made, whereupon the original map or maps so prepared shall be filed
with the clerk of the board or council, who shall endorse the date of
filing thereon and shall cause prints thereof to be placed on display in
each of 3 public places within the city and shall give public notice
thereof by posting in at least 3 public places in the city and by
publication in a newspaper printed and published in the county and of
general circulation in the city, at least once a week for 4 successive
weeks.
2. The notice shall state briefly the filing of the plat or map,
the purpose thereof and the places where the same is on display, and
shall notify all persons that may be affected thereby to file their
written objections or exceptions thereto, if any they have, with the
board or council, not more than 60 days from the date of the first
publication of the notice and that after the expiration of such period
the maps or plats will be filed with the district court for their
adoption and approval in accordance with the provisions of NRS 270.010
to 270.150 , inclusive. The posting shall be made within 5
days of the first publication. If no newspaper is printed or published
within the county, the publication shall be made in a newspaper printed
and published in one of the counties nearest thereto.
3. The due publication of the notice shall be shown by the
affidavit of the manager or publisher of the newspaper in which the same
is published, and the posting of the notice shall be shown by affidavit
of the clerk or of the person posting the notices.
4. The board or council shall also furnish additional blue or
blueline prints of the maps or plats at a reasonable cost to any parties
desiring such copies.
[4:120:1919; 1919 RL p. 2665; NCL § 1358]
1. Objections or exceptions to such maps or plats shall be in
writing, under the oath of the objecting or excepting party, and shall be
filed with the clerk of the board not later than 60 days after the first
publication of the notice and the clerk shall endorse his filing marks
thereon.
2. The objections or exceptions need not be in any precise or
particular form, but shall state clearly the nature of the objection or
exception and the grounds and facts upon which the same are based, and
shall conform so far as may be practicable to pleadings in courts of
record. No answer or reply need be made or filed to put such objections
or exceptions at issue, but the same shall be considered at issue upon
the map or plat and the objections or exceptions thereto. Such objections
or exceptions shall be entitled: “Before the City Council (or ........,
as the case may be) of the City of ................, County of
................, State of Nevada. In the matter of the adoption of a map
or plat of and for the City of ................ (or the ................
addition to, such city, as the case may be).”
[5:120:1919; 1919 RL p. 2665; NCL § 1359]—(NRS A 1977, 1516)
1. Within 30 days after the expiration of the 60 days from the
date of the first publication, the city council, or other legislative
board of the city shall commence an action in the district court of the
State of Nevada, in and for the county in which the city is situate, in
which such city shall be the party plaintiff and in which shall be joined
as parties defendant all persons who are by the plaintiff known to have,
or appear by the county assessor’s lists in the county to have, any
interest, whether legal or equitable and whether in possession or
expectancy in or to any of the blocks, lots or any other pieces or
parcels of property, whose title would be affected by the adoption of the
map or maps, or plat or plats.
2. Such action shall be commenced by the filing of a complaint, in
which the plaintiff shall set forth the making and filing of the map or
maps, plat or plats, in accordance with the provisions of NRS 270.010
to 270.150 , inclusive, and the other and further things
and notices herein required. Together with the complaint the plaintiff
shall file such map or maps, or plat or plats, together with such written
objections or exceptions thereto as may have been filed as herein
provided, and shall pray the court for an order adopting, fixing and
establishing the map or maps, or plat or plats, and fixing, settling,
establishing, determining and adjudicating the points, lines,
descriptions, metes, bounds, names, numbers and letters of all blocks,
lots, streets, alleys, highways, parks, schools, cemeteries and other
properties devoted to public use and all lines and corners therein shown.
3. At the time of commencing such action the plaintiff shall cause
to be filed in the office of the county recorder of the county in which
the property is situate, a notice of the pendency of the action, and such
notice, when recorded, shall be considered a notice thereof to all
persons to the extent and effect now provided by law.
4. The summons shall be served as provided in NRS and the Nevada
Rules of Civil Procedure; but if the corrections shall not change the
boundaries in any property owner’s property, the summons shall be served
by publication thereof for 4 consecutive weeks in some newspaper in the
county in which the property is situated, and such publication shall be
deemed to be legal service thereof.
[6:120;1919; A 1929, 20; NCL § 1360]
1. The summons in the action need not contain a description by lot
or block numbers or by metes and bounds, but shall refer generally to the
purpose of the action and shall contain the name of the city or part
thereof or addition thereto to be affected by the action.
2. A copy of the summons shall be posted in 3 conspicuous places
within the city within 10 days after the filing of the complaint.
3. After the service of the summons and complaint, as herein
provided, and the filing of the notice of the pendency of such action and
the posting of summons, as in this section specified, all of the property
within such city or part thereof or addition thereto shall, for all of
the purposes of the action, be conclusively deemed within the
jurisdiction of the district court in which such action is brought.
4. If the names of the owner or owners of any of the property
within the city shall be unknown to the plaintiff, such fact may be
recited in the complaint in the action and any and all such owners
impleaded under fictitious names, and the complaint may be thereafter
amended if the true names of such fictitious defendants or any of them be
thereafter ascertained. The judgment and decree in the action shall be
binding and conclusive as to all of the property affected, whether the
owners, or one or more thereof, of any of the parcels of property within
the city be actually named as party or parties defendant or not.
[7:120:1919; 1919 RL p. 2666; NCL § 1361]—(NRS A 1977, 1517)
1. Further pleadings may be served and filed in the action in all
respects as provided in the Nevada Rules of Civil Procedure for other
actions and the cause shall proceed in all respects in accordance with
the regular practice in courts of record in this State.
2. When the cause is at issue upon the plaintiff’s complaint and
the respective answers of such defendants as shall have appeared in the
action, and the reply of the plaintiff to any affirmative matters set up
in any one or more of such answers, and when the default of all
defendants failing to appear has been entered, the court shall set the
matter down for hearing at the earliest practicable date and the hearing
thereof shall have precedence over all other matters upon the calendar,
except matters of a similar nature, and except hearings on temporary or
permanent injunctions and except such matters as are given precedence by
law.
[8:120:1919; 1919 RL p. 2666; NCL § 1362]
1. The findings of fact and conclusions of law and judgment must
be made and entered as in other cases, and exceptions, motions for new
trial and appeals may be had as provided in NRS and the Nevada Rules of
Appellate Procedure.
2. The court or judge thereof shall in the findings and decree
establish a definite map or plat of the city, or part thereof or addition
thereto, in accordance with the pleadings and proof, and shall, by
reference, make a part of the findings and judgment the map or plat so
established.
3. Wherever blocks or parts of blocks in the original lost,
destroyed, conflicting, erroneous or faulty maps or plats have been
insufficiently or incorrectly platted, numbered or lettered, the
omission, insufficiency or fault must be supplied and corrected in
accordance with the pleadings and proof.
4. If the map or plat prepared by the surveyor is inadequate or
impracticable of use for the judgment, the judgment or decree may require
the making of a new map or plat in accordance with the provisions of the
findings and judgment.
5. A certified copy of the judgment, together with the map or plat
as is established by the court, must be recorded in the office of the
county recorder of the county in which the action is tried. All the ties
and descriptions of section or quarter section corners, monuments or
marks required by NRS 270.020 must
appear on the map finally established by the judgment. The county
recorder may collect and receive as his fees for recording and indexing
the certified copy of the judgment and map, $10 for the map, and the
specific statutory fees for the judgment, but not exceeding $50.
6. The judgment may require that all prior existing maps in
conflict with the map or plat adopted be so marked or identified by the
county recorder to show the substitution of the new map or plat in place
thereof.
7. A county recorder who records a map or plat pursuant to this
section shall, within 7 working days after he records the map or plat,
provide to the county assessor at no charge:
(a) A duplicate copy of the map or plat and any supporting
documents; or
(b) Access to the digital map or plat and any digital supporting
documents. The map or plat and the supporting documents must be in a form
that is acceptable to the county recorder and the county assessor.
[9:120:1919; A 1929, 17; NCL § 1363]—(NRS A 1977, 1517; 1983, 349;
2001, 1559 , 1757 ; 2003, 2785 )
1. In the event of any appeal, as mentioned in NRS 270.090 , it shall only be necessary for the appellant:
(a) To appeal from such part of the judgment, decree, order denying
motion for new trial, etc., as applies to the particular controversy upon
which such appeal is taken; and
(b) To cause to be prepared, and for the clerk to prepare and
certify to, on such appeal, such parts of the record on appeal,
transcript on appeal, judgment record, etc., as apply to such particular
controversy, or
Ê such appeal may be taken upon an agreed statement on appeal, or an
agreed statement of facts stipulated to between the appellant and
respondent and approved by the court or judge.
2. Any number of such appeals may be taken separately by the
several parties to such action, or one or more of such appellants may
join in one appeal.
3. Except as herein otherwise provided, the proceedings on such
appeal shall conform with the Nevada Rules of Appellate Procedure.
[9a:120:1919; added 1929, 17; NCL § 1364]
The city council, or other
legislative board of the city, may cause such action to be commenced and
prosecuted by the city attorney of such city or the district attorney of
the county in which such city is situate or may retain additional or
other counsel for the purpose of the action and may allow a reasonable
sum for the compensation of the attorney or attorneys so acting.
[10:120:1919; 1919 RL p. 2667; NCL § 1365]
1. The court or judge trying the cause may refer any questions of
fact arising therein to a master or commissioner for findings and
determination, and the findings of such master or commissioner shall be
subject to review by such court or judge.
2. The court or judge before whom the cause is tried shall have
full jurisdiction over all questions that may be properly at issue upon
the pleadings, including such issues that may arise by reason of any
conflict between the lots, blocks, streets, alleys, highways, parks,
cemeteries, schools and other public properties, or the lines or corners
thereof, as shown by the map or maps, or plat or plats, filed with the
complaint, and the rights or alleged rights of any one or more of the
owners of any of the property described in the complaint or embraced in
the map or maps, or plat or plats.
3. In the event that it is necessary, for the purpose of fixing
and establishing the map or maps, or plat or plats, to devote any pieces
or parcels of property owned by any of the defendants within the city,
subdivision or addition to public uses as streets or alleys, it shall be
proper for the court or judge to appoint three appraisers, who shall
appraise and assess the value of such property, and the court may
condition the approval of such map or plat on the payment or proper
tender by plaintiff to such party defendant of such assessed sum. Any two
of such three appraisers shall be competent to act, and their
appraisement or assessment shall be subject to review by the court.
[11:120:1919; 1919 RL p. 2667; NCL § 1366]
1. The court or judge trying the cause shall have full equitable
jurisdiction to settle and determine all rights, conflicts and
controversies arising out of any situation wherein it is claimed or
alleged that improvements owned by any of the defendants encroach upon
any streets, alleys or other public places.
2. If it appear to the court or judge that any of the defendants
has constructed improvements upon what appears, from the maps or plats
submitted, to comprise streets, alleys or other public places in the
city, and that the construction of such improvements was made by such
defendant or defendants in good faith and in the supposition that such
improvements were constructed within the property lines of such defendant
or defendants, or in reliance upon any map or plat supposed to be correct
or authentic, or in reliance upon any monuments supposed to be correct or
authentic, or in reliance upon the lines upon which other improvements in
such block or in other blocks had been constructed, and if it appear that
the retention of possession and the vesting of title in such defendants
of such portions of the streets, alleys or other public places can be
maintained without material injury to the public, or to the other
residents of the city, the court shall have full power and authority, in
its findings and decree, to declare such title and possession vested in
such defendant or defendants; or may, in its discretion and in accordance
with the facts, the law and the equities in the case, declare such
possession and title vested in such defendant or defendants, upon such
terms as may be just and equitable, or upon the payment of such sums as
may be right and proper by such defendant or defendants to the city or
town.
3. Nothing herein contained shall be construed as making it
obligatory upon such court or judge to decree or vest title in any such
defendant or defendants to property necessary for public use. The court
or judge may, in the findings and decree, recognize and approve any
stipulation, otherwise appearing to be fair and equitable and without
fraud or collusion, between the city or town, on the one hand, as
plaintiff, and any of the separate or several individual defendants, as
to the establishing of such lines, and no such stipulation shall be
invalid by reason of the fact that any other defendant or defendants
shall not be parties thereto, save and except where such stipulation
shall affect the actual property lines of other defendants. No such
findings or decree shall be invalid by reason of misjoinder or nonjoinder
of parties in or to the action in the settlement of such individual
conflicts.
[11a:120:1919; added 1929, 17; NCL § 1367]
010 to 270.150 ,
inclusive, to towns. NRS 270.010 to
270.150 , inclusive, shall apply to like
extent to towns within the State of Nevada, the word “town” being
substituted wherever the word “city” appears therein and “the legislative
board of the town” (or, in the event that such town have no legislative
board, then the “board of county commissioners of the county in which
such town is situate”) shall be substituted for “city council or other
legislative board of the city.”
[12:120:1919; 1919 RL p. 2668; NCL § 1368]
The rights and
remedies provided for in NRS 270.010 to
270.150 , inclusive, shall be in
addition to those existing under subsisting law in regard to the
establishing and vacating of townsites or parts thereof or property
devoted to public purposes therein.
[13:120:1919; 1919 RL p. 2668; NCL § 1369]
VACATION OF PORTIONS OF CITY’S PLATS
1. Any owner or owners of platted land in an incorporated city may
make application in writing to the city council of the city wherein such
land is situated for the vacation of the portion of the plat so owned by
him or them, together with such portion of any and all streets, alleys
and public ways as adjoin or abut the same.
2. Such application shall particularly describe the portion of the
plat, and of the streets, alleys and public ways sought to be vacated,
and shall be signed by the applicant or applicants.
3. A copy of such application shall be published at the expense of
the applicant or applicants in a newspaper of general circulation
published in such city, at least once a week for 3 successive weeks,
which publication shall be deemed due and sufficient notice to all
persons interested of the nature and purpose of such application.
4. Upon the filing of such application and proof of publication
with the city clerk, the city council shall, at its next regular meeting,
proceed to hear, consider and dispose of the same, and if the city
council be satisfied that neither the public nor any person will be
materially injured thereby, it shall order such portion of the plat,
streets, alleys and public ways vacated in accordance with such
application, a certified copy of which order shall be duly recorded in
the office of the recorder of the county wherein such land is situated.
Such county recorder shall endorse the information contained in the order
on the original plat.
5. Such owner or owners shall cause to be prepared, at their
expense, a revised plat plainly showing the approved vacation, and record
it with the county recorder of the county in which the property is
located after such revised plat has been approved by the city council.
Such revised plat shall comply with all requirements of this chapter.
[1:73:1917; A 1941, 39; 1931 NCL § 1372]—(NRS A 1971, 763)
Any person claiming material injury by
any order so made by the city council may at any time within 60 days
after the date of such order commence an action in the district court
having jurisdiction to have such order set aside.
[2:73:1917; 1919 RL p. 2663; NCL § 1373]
160 and
270.170 supplementary; applicability.
NRS 270.160 and 270.170 are intended to supplement and not to
supersede the existing laws relating to the vacation of city and town
plats and do not apply to land divided pursuant to NRS 278.010 to 278.630 ,
inclusive.
[3:73:1917; 1919 RL p. 2664; NCL § 1374]—(NRS A 1977, 1518)
