USA Statutes : nevada
Title : Title 35 - HIGHWAYS; ROADS; BRIDGES; PARKS
Chapter : CHAPTER 404 - ROAD DISTRICTS
1. Whenever a majority of the taxpayers of any township or
townships in any county polling less than 1,800 votes at the last general
election, whose names shall appear on the last previous assessment roll,
shall petition the board of county commissioners to divide such township
or townships into a road district or districts, the board of county
commissioners shall:
(a) Divide the township or townships and create such road district
or districts.
(b) Fix the boundaries of the road district or districts and have
the same recorded.
2. When a road district is once created it shall remain the same
and have the rights and be subject to the duties given and imposed by NRS
404.010 to 404.060 , inclusive, until a majority of the taxpayers
of the road district shall petition the board of county commissioners to
disorganize the district. Upon receipt of such a petition, the board of
county commissioners shall disorganize the road district.
[Part 1:101:1875; A 1877, 141; BH § 447; C § 476; RL § 3011; NCL §
5399]
1. When the board of county commissioners deems it expedient, the
board may levy a property tax not to exceed one-fourth of 1 percent on
all the property in the county, annually, to be levied, assessed and
collected as other taxes, and assigned by the board of county
commissioners to the road funds of the several road districts, as the
board may deem for the best interest of the county.
2. When a majority of the property owners of any road district
shall petition the board of county commissioners for an additional
special tax for the benefit of the road district, the board of county
commissioners shall levy a tax on all property within the district, at a
rate not to exceed $3 on each $1,000 valuation, which shall be paid into
the county treasury for the road fund of the district.
[8:101:1875; A 1877, 141; BH § 454; C § 478; RL § 3014; NCL §
5402]—(NRS A 1967, 32; 1969, 237)
1. The moneys constituting the road fund of the road district may
be used in the payment of demands allowed on the road fund by the board
of county commissioners, including building and repairing bridges,
aqueducts and highways of the district to which the fund belongs.
2. No money shall be drawn from the road fund without the order
and approval of the board of county commissioners.
[Part 7:101:1875; BH § 453; RL § 3013; NCL § 5401]
All moneys remaining in the road fund
belonging to any road district at the end of every year, or belonging to
any road district that may disorganize as provided in NRS 404.010 , may, on petition of a majority of the
taxpayers therein, be applied by the board of county commissioners to the
building of any bridge or special improvement of any highway in the road
district or the county in which the road district is situated; or, upon
petition, the moneys may be transferred to the county school district
fund and applied to the public schools of the county school district.
[5:101:1875; BH § 451; C § 477; RL § 3012; NCL § 5400]—(NRS A 1971,
524)
1. At any time when a majority of the resident taxpayers of a road
district, according to the last previous assessment roll, petitions the
board of county commissioners for the location, opening for public use,
establishment, change or vacation of any public road or highway, or road
to connect with any highway or any street or alley in any unincorporated
town in the county, setting forth in the petition the beginning, course
and termination of such road, highway, street or alley proposed to be
located and opened for public use, established, changed or vacated,
together with the names of the owner or owners of the land through which
the same will pass, the petition may be presented to the county clerk of
the county. The county clerk shall lay the petition before the board of
county commissioners at the next meeting of the board after the reception
of the petition.
2. Within 30 days thereafter, the board of county commissioners
shall proceed to locate, open to public use, establish, change or vacate
such road, highway, street or alley.
[Part 10:101:1875; A 1877, 141; 1895, 35; C § 479; RL § 3015; NCL §
5403]—(NRS A 1977, 1526)
Before opening any new road, street or alley,
or changing the same through private property, such property shall be
condemned for public use as follows:
1. The board of county commissioners shall appoint one
disinterested person, and the owners or agents of the land through which
the highway may run shall select another disinterested person. The two
persons shall proceed to view such road, street or alley, and shall
ascertain and make estimates of damages done to any property through
which the highway may be located, changed or vacated, after deducting any
advantage arising from such location, change or vacation of such road,
street or alley, to the owner or owners of such property.
2. If the owner or owners shall refuse or neglect, for a period of
10 days after receiving notice from the board of county commissioners of
its appointment, to appoint a person on their part, the board of county
commissioners shall appoint such a person for them.
3. If there shall be more than one owner of land through which the
highway may run, such owners shall unite in the appointment.
4. If the two viewers cannot agree as to damages, then they shall
choose a third person, and the three persons so selected as viewers shall
be authorized to administer oaths, compel the attendance of witnesses
before them as road viewers, and their decision in the matter shall be
final.
5. The viewers shall take an oath prior to entering upon the
discharge of their duties before some person authorized to administer
oaths, to discharge faithfully the duties of their trust in accordance
with the provisions of NRS 404.010 to
404.060 , inclusive.
6. Persons aggrieved by the decision of such road viewers may
commence an action in the district court within 20 days from the date of
the decision to set aside their award.
7. Upon the final award and decision of damages, the board of
county commissioners shall cause the road, street or alley to be opened,
established, changed or vacated, as the case may be, according to the
petition.
[Part 10:101:1875; A 1877, 141; 1895, 35; C § 479; RL § 3015; NCL §
5403]
COUNTIES POLLING 1,800 TO 2,999 VOTES
The board of county
commissioners of each county polling at the last general election not
less than 1,800 votes and not more than 2,999 votes may, for the purpose
of supervision of roads, divide the county into road districts, each
appropriately designated.
[1:80:1901; RL § 3037; NCL § 5418]—(NRS A 1963, 304)
In road districts in counties polling not less than 1,800 votes
and not more than 2,999 votes, the board of county commissioners may levy
a property tax on property within the road district of not more than 30
cents on each $100 of assessed valuation for the maintenance and repair
of roads within the road district. The proceeds of the tax shall be
placed in the road district fund of the district in which the tax is
levied, and shall be used exclusively for the maintenance and repair of
roads within the district.
(Added to NRS by 1963, 304)
The board of county
commissioners shall appoint in each road district one road supervisor.
The same road supervisor may serve more than one road district.
[Part 2:80:1901; A 1935, 233; 1931 NCL § 5419]—(NRS A 1963, 304)
The compensation of
road supervisors shall be fixed by the boards of county commissioners.
[3:80:1901; RL § 3039; NCL § 5420]
Each road supervisor shall:
1. Supervise all work upon the roads in his road district.
2. Attest to the propriety of all bills for such work.
3. Direct the expenditure of all sums set apart for his road
district by the board of county commissioners.
[Part 2:80:1901; A 1935, 233; 1931 NCL § 5419]
No
road supervisor shall use or contract the use of any motor truck or road
building equipment owned by him or any relative within the third degree
of consanguinity or affinity in the construction or maintenance of any
county road or highway, except in cases of emergency, when it shall be
lawful for him to use or contract the use of such truck or equipment for
a period of not to exceed 5 days in any 1 month.
[Part 2:80:1901; A 1935, 233; 1931 NCL § 5419]
In road districts in counties polling not less than 1,800 votes and not
more than 2,999 votes, county or road district maintenance equipment may
be loaned or leased to or from other road districts or the county upon a
fair rental basis as determined by the board of county commissioners.
(Added to NRS by 1963, 304)
COUNTIES POLLING 3,000 OR MORE VOTES
The board of county
commissioners of each county polling at the last general election 3,000
votes or over, to be determined by the vote cast for Secretary of State,
shall, for the purpose of supervision of roads, divide the county into
road districts, each appropriately designated.
[1:172:1911; RL § 3041; NCL § 5422]
The board
of county commissioners shall appoint and fix the compensation of one
road supervisor in each road district. Each road supervisor shall serve
during the pleasure of the board of county commissioners.
[2:172:1911; RL § 3042; NCL § 5423]
Before entering upon
the duties of his office, each road supervisor appointed under the
provisions of NRS 404.120 to 404.160
, inclusive, shall:
1. Take the oath prescribed by law.
2. Execute a bond to the State of Nevada, to be approved by the
board of county commissioners, in the penal sum of $1,000. The bond shall
be conditioned for the faithful performance of the duties of his office,
and shall be filed in the office of the county clerk.
[4:172:1911; RL § 3044; NCL § 5425]
Each road supervisor
appointed under the provisions of NRS 404.120 to 404.160 ,
inclusive, shall:
1. Supervise all work upon the roads in his road district.
2. Attest to the propriety and correctness of all bills for such
work.
3. Direct the expenditures of all sums set apart for his road
district by the board of county commissioners, but no bills shall be
contracted or any money expended by the road supervisor unless he shall
have first obtained the consent and approval of the board of county
commissioners.
[Part 3:172:1911; A 1935, 232; 1931 NCL § 5424]
No
road supervisor shall use or contract the use of any motor truck or road
building equipment owned by him or any relative within the third degree
of consanguinity or affinity in the construction or maintenance of any
county road or highway, except in cases of emergency, when it shall be
lawful for him to use or contract the use of such truck or equipment for
a period of not to exceed 5 days in any 1 month.
[Part 3:172:1911; A 1935, 232; 1931 NCL § 5424]
ROAD INSPECTORS
1. The office of road inspector is hereby created.
2. Each board of county commissioners may appoint one road
inspector for each road district now existing or which may hereafter be
created in any county. Each road inspector shall hold office at the will
of the board of county commissioners.
[Part 1:21:1897; C § 468; RL § 3029; NCL § 5410] + [2:21:1897; C §
469; RL § 3030; NCL § 5411]
1. The office of road inspector shall be without compensation. No
money shall be paid from public funds to defray any expenses incurred
therein or thereby unless by order of the board of county commissioners
there shall be especially prescribed a limit of compensation for the
office in each road district. The order shall especially name the road
district wherein the compensation may be given, and no road inspector
shall receive any compensation as such officer unless such compensation
shall have been fixed by the board of county commissioners within the
limit prescribed for such road district previous to his appointment as
road inspector.
2. When a compensation is given it shall be paid to the road
inspector from the road fund of the road district in and for which any
services are performed by him.
3. Such compensation shall:
(a) Be a daily wage.
(b) Not exceed the limit especially prescribed by law for that
county.
(c) Be fixed by the board of county commissioners before the
appointment of the road inspector who is to receive it.
(d) Be in full for all services and expenses of all kinds of the
road inspector.
[3:21:1897; C § 470; RL § 3031; NCL § 5412] + [4:21:1897; C § 471;
RL § 3032; NCL § 5413] + [5:21:1897; C § 472; RL § 3033; NCL § 5414]
The duties of the office of road inspector
shall be:
1. To order, superintend, inspect and approve, if properly done,
all work upon the public roads in the road district for which he may be
appointed, as well as that to be done by road supervisors, if there are
any, and that done by other persons.
2. To report thereon to the board of county commissioners.
3. To approve all proper bills for road work before they are
presented to the board of county commissioners for allowance.
[Part 1:21:1897; C § 468; RL § 3029; NCL § 5410]
1. Compensation to others than a road inspector shall be not to
exceed the current wage rate for a day’s work for the road district in
which such work is performed, and not to exceed the current price for one
man and a span of draft animals and the current price for each additional
span.
2. The person so compensated shall, without additional charge,
furnish such tools, implements, vehicles and other necessary equipment as
may be necessary to his work.
[6:21:1897; A 1911, 368; 1917, 393; 1919 RL § 3034; NCL § 5415]
A day’s work on the
public roads shall consist of at least 8 hours’ actual labor, exclusive
of the time spent in going to and returning from the work, and in no case
shall pay be given for more than 1 day’s time between sunrise and sunset
of the same day, to or for the same person. In cases of emergency,
however, more than 8 hours’ labor shall be performed, and the persons so
performing such labor shall be compensated for the time spent.
[7:21:1897; A 1917, 393; 1919 RL § 3035; NCL § 5416]
REESTABLISHMENT OF BOUNDARIES
The board of
county commissioners of any county is authorized to reestablish the
boundaries of any road district within the county whenever the board
shall deem the boundaries of such road district to be indistinct or
indefinite as such boundaries appear upon the records of the board of
county commissioners.
[1:217:1913; 1919 RL p. 2936; NCL § 5932]
Whenever the board of county commissioners shall reestablish
the boundaries of road districts in accordance with NRS 404.220 to 404.250 ,
inclusive, the board shall make the new boundaries that it shall set
forth for such road districts conform to the legal land surveys of the
United States Government so far as is possible.
[2:217:1913; 1919 RL p. 2936; NCL § 5933]
Whenever the board of county
commissioners shall reestablish the boundaries of road districts in
accordance with NRS 404.220 to 404.250
, inclusive, the board shall arrange the
new boundaries so that all properties and residences that were in the
road districts previous to the reestablishment of boundaries for such
road districts under NRS 404.220 to
404.250 , inclusive, shall be within the
new boundaries that the board of county commissioners may establish under
NRS 404.220 to 404.250 , inclusive.
[3:217:1913; 1919 RL p. 2937; NCL § 5934]
Whenever the board of county commissioners shall decide that the
boundaries of any road district are so indefinite upon the records of the
county as to make it impossible to decide in which road district certain
properties or residences may be located, the board shall proceed to
establish new boundaries for such road district as it shall deem best and
for the welfare of the county.
[4:217:1913; 1919 RL p. 2937; NCL § 5935]
