USA Statutes : nevada
Title : Title 26 - PUBLIC LANDS
Chapter : CHAPTER 326 - POSSESSORY ACTIONS CONCERNING PUBLIC LANDS
010 to 326.070 ,
inclusive, until action by Legislature. Notwithstanding the provisions
of NRS 326.010 to 326.070 , inclusive, no person may occupy or settle on
any public lands in this state or bring and maintain any action pursuant
to those provisions, and no state or county officer or employee may
perform any duty required under those provisions, until the Legislature
by concurrent resolution authorizes the resumption of those occupations,
settlements and actions and the resumption of those duties.
(Added to NRS by 1981, 1548)
1. Any person legally occupying and settled upon, or who may
hereafter occupy or settle upon, any of the public lands in this state,
for the purpose of cultivating or grazing the same, may commence and
maintain an action for interference with or injuries done to his
possession of such land, against any person or persons so interfering
with or injuring such land or possession.
2. If the lands so occupied and possessed contain mines of any of
the precious metals, the possession or claim of the person or persons
occupying the same for grazing or agricultural purposes shall not
preclude the working of such mines by any person or persons desiring so
to do, as fully and unreservedly as they might or could do had no
possession or claim been made for grazing or agricultural purposes.
[1:95:1865; B § 78; BH § 3738; C § 3814; RL § 5849; NCL § 9432]
No person shall be entitled to maintain an action for
possession of or injury to any claim as provided in NRS 326.010 unless:
1. The claim contains 160 acres or less and does not contain more
than 160 acres.
2. The claim has been surveyed and marked by metes and bounds so
that the boundaries may be readily traced and the extent of the claim
easily known.
3. The claimant occupies the claim.
4. The claimant has complied with the provisions of NRS 326.030
and 326.040 .
[2:95:1865; B § 79; BH § 3739; C § 3815; RL § 5850; NCL § 9433]
Any person
claiming any of the public lands in this state shall:
1. Have the same surveyed by the county surveyor of the county in
which the lands are situated.
2. Have the plat of such survey duly certified to by the county
surveyor.
3. Have the plat recorded in the office of the county recorder.
4. Take and subscribe his affidavit that he has taken no other
claim under the provisions of NRS 326.010 to 326.070 ,
inclusive, and that, to the best of his knowledge and belief, the lands
are not claimed under any existing title.
[3:95:1865; B § 80; BH § 3740; C § 3816; RL § 5851; NCL § 9434]
Within 90 days
after the date of record, the person recording is required to improve the
lands thus recorded to the value of $200, by putting such improvements
thereon as shall partake of the realty, unless such improvements shall
have been made prior to the application for survey and record, according
to NRS 326.030 .
[4:95:1865; B § 81; BH § 3741; C § 3817; RL § 5852; NCL § 9435]
1. At any time after the provisions of NRS 326.020 , 326.030 and
326.040 have been complied with, the
person so complying may absent himself from such claim, without being
required to occupy the same, for a period of not more than 12 months; but
the person so wishing to absent himself shall first pay to the county
treasurer of the county in which the claim is situated the sum of $15.
Upon such payment, the county treasurer shall issue a receipt for the
same, and at any time within 12 months after the date thereof the receipt
shall be received as prima facie evidence of possession in any court
having jurisdiction in such cases.
2. Any person absenting himself from a claim for a longer period
than 60 days without first paying the sum provided in subsection 1
forfeits his claim to the lands.
3. The amount paid to any county treasurer under the provisions of
this section shall be paid by the county treasurer into the general fund
of the county.
[5:95:1865; B § 82; BH § 3742; C § 3818; RL § 5853; NCL §
9436]—(NRS A 1971, 204; 1977, 561)
On
the trial of any such causes, the possession or possessory right of the
plaintiff shall be considered as extending to the boundaries embraced in
the survey so as to enable him, according to NRS 326.030 , to have and maintain an action without being
compelled to prove an actual enclosure.
[6:95:1865; B § 83; BH § 3734; C § 3819; RL § 5854; NCL § 9437]
1. All lands in this state shall be deemed and regarded as public
lands until the legal title is known to have passed from the government
to private persons.
2. Every person who shall have complied with the provisions of NRS
326.010 to 326.070 , inclusive, shall be deemed and held to have
the right or title of possession of all the lands embraced within the
survey, not to exceed 160 acres; and any person who shall thereafter,
without the consent of the person so complying, enter into or upon such
lands adversely, shall be deemed and held guilty of an unlawful and
fraudulent entry thereon, and may be removed therefrom by proceedings had
before any justice of the peace of the township in which the lands are
situated. Such proceedings may be commenced and prosecuted under the
provisions of NRS 40.220 to 40.420
, inclusive, and all the provisions
contained in those sections are made applicable to proceedings under NRS
326.010 to 326.070 , inclusive.
[7:95:1865; A 1869, 72; B § 84; BH § 3744; C § 3820; RL § 5855; NCL
§ 9438]
MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS BY APPLICANTS AND
CONTRACTORS TO PURCHASE PUBLIC LANDS
Every person who has applied to the State of Nevada to
purchase any land from the State, or who has contracted with the State of
Nevada for such purchase, or who may hereafter apply to or contract with
the State of Nevada, in good faith, for the purchase of any of its public
land, and who has paid or shall pay to the proper state officers the
amount of money requisite under such application or contract, shall be
deemed and held to have the right to the exclusive possession of the land
described in such application or contract, provided no actual adverse
possession thereof existed in another at the date of the application.
[1:133:1887; C § 325; RL § 3224; NCL § 5542]
1. Every person who has contracted with the State of Nevada, in
good faith, to purchase any land from the State shall be entitled to
maintain or defend an action at law or in equity concerning such land or
its possession, which may be maintained or defended by persons who own
land in fee.
2. Every person who has applied or may hereafter apply to the
State of Nevada, in good faith, to purchase any land from the State, and
has paid or shall pay the amount of money which may be required under
such application to the proper state officer, shall be deemed and held to
have the right to the exclusive possession of such land, and shall be
entitled to maintain and defend an action at law or in equity, concerning
such land or the possession thereof, which may be maintained or defended
by persons who own land in fee, provided no actual adverse possession of
such land existed in another at the date of such application.
[2:133:1887; C § 326; RL § 3225; NCL § 5543]
Nothing contained
in NRS 326.080 and 326.090 shall be so construed as to prevent any person
or persons from entering upon such lands for the purpose of prospecting
for any of the precious metals, or to prevent the free and economical
working of any mine which may be discovered therein.
[3:133:1887; C § 327; RL § 3226; NCL § 5544]
