NRS244.2825. Transfer or sale of real property which was part of original mining townsite and which was acquired by county directly from Federal Government.

      1.  Unless the provisions of NRS 244.2815 apply, a board of county commissioners may transfer real property which was acquired by the county directly from the Federal Government to a person without complying with the provisions of NRS 244.281 if the board of county commissioners determines that:

      (a) The property is part of an original mining townsite;

      (b) The person and the person’s predecessors in interest, if any, have continuously claimed, possessed and occupied such property for at least the 25 years immediately preceding the date of the transfer;

      (c) The person’s claim of right to possession of the property is based upon a written instrument issued to the person or the person’s predecessors in interest by a person who claimed a right to possess the property; and

      (d) The person or the person’s predecessors in interest have paid all taxes that have been assessed against the property for the period during which the person and the person’s predecessors in interest have claimed, possessed and occupied the property.

      2.  The board of county commissioners may sell real property which was acquired by the county directly from the Federal Government to a person without complying with the provisions of NRS 244.281 if the board of county commissioners determines that the requirements set forth in paragraphs (a) and (b) of subsection 1 apply to the property. To establish a price for a sale pursuant to this subsection, a board of county commissioners shall obtain an appraisal of the property from a person who is certified to appraise real estate pursuant to chapter 645C of NRS. The price of property sold pursuant to this subsection must be equal to the sum of the appraised value of the property plus the greater of:

      (a) One hundred dollars; or

      (b) The balance of the state, county and municipal taxes that are due and owing on the land for the 5 years immediately preceding the date of the sale.

      3.  For purposes of this section, a person shall be deemed to have continuously possessed and occupied real property if during the time the person claims that the person and the person’s predecessors in interest, if any, have possessed and occupied the real property, the real property has been:

      (a) Usually inhabited, cultivated or improved by the person or the person’s predecessors in interest;

      (b) Protected by a substantial enclosure erected by the person or the person’s predecessors in interest; or

      (c) Used by the person or the person’s predecessors in interest for the production of fuel, timber, ore or minerals, for husbandry or pasturage or for any other habitual use that the board of county commissioners determines to be indicative of possession and occupancy.

      4.  Before submitting documents to the county recorder to record a transfer or sale of property to a person pursuant to this section, the board of county commissioners shall:

      (a) Charge and collect from the person to whom the real property is being transferred or sold a payment in an amount equal to the sum of:

             (1) If applicable, the sales price determined pursuant to subsection 2; and

             (2) The total cost to the county of:

                   (I) Acquiring the property from the Federal Government; and

                   (II) Conveying the property to the person; and

      (b) Submit the money collected pursuant to this section to the county treasurer.

      5.  As used in this section, “original mining townsite” means real property owned by the Federal Government upon which improvements were made:

      (a) Because a mining operation was located near the property; and

      (b) Based upon the belief that:

             (1) The property had been or would be acquired from the Federal Government by the entity that operated the mine; or

             (2) The person who made the improvement had a valid claim for acquiring the property from the Federal Government.

      (Added to NRS by 2001, 591; A 2011, 349)