NRS268.660. Denial of annexation; annexation over protest; exclusion of lands owned by public body.

      1.  Except as provided in subsection 2, the annexation must be denied if protests are made, either in writing as provided in NRS 268.656 or at the public hearing, by:

      (a) A majority in number of the real property owners of the territory proposed to be annexed; or

      (b) The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.

      2.  Annexation of territory to a city may be approved over any protest if:

      (a) The territory proposed to be annexed is entirely surrounded by such city and:

             (1) Does not exceed 40 acres in area; or

             (2) Is subdivided for residential, commercial or industrial purposes;

      (b) Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and

      (c) The city to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.

      3.  In a county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, if an annexation is denied because of:

      (a) A protest made pursuant to subsection 1, the regional planning commission shall review the program of annexation and the comprehensive regional plan and shall:

             (1) Place the territory removed from the program of annexation in a category in the comprehensive regional plan that is not scheduled to receive public facilities or public services for the duration of the annexation program;

             (2) Place the territory removed from the program of annexation, with the consent of the governing body of the county and the governing body of the affected city, in a category in the comprehensive regional plan that is scheduled to receive public facilities and public services from the county; or

             (3) Retain the territory within the program of annexation. This subparagraph does not preclude a subsequent proceeding with respect to all or part of that territory if the proceeding is commenced more than 1 year after the public hearing.

      (b) A failure of the city to put into effect the program of annexation, the regional planning commission may direct that the territory be placed in a category in the comprehensive regional plan that allows the county to provide services to the territory.

      4.  A public body may exclude its own lands from annexation if they are held for purposes other than highways.

      (Added to NRS by 1967, 1624; A 1971, 278; 1991, 1740)