NRS309.050. Hearing on petition; contiguous lands may be included; order denying or granting petition; submission of question to qualified electors.

      1.  When such a petition is presented, and it appears that the notice of the presentation of the petition has been given and that the petition has been signed by the requisite number of petitioners as required by this chapter, the board of county commissioners shall hold a hearing on the petition and may adjourn the hearing from time to time not exceeding 3 weeks in all.

      2.  Contiguous or neighboring lands that may be benefited by the proposed improvement, not included in the district as described in the petition, may at the hearing, upon application of the holder or holders of title or evidence of title thereto as prescribed in NRS 309.030, be included in the district, and lands described in the petition and lands in the district which may not be benefited by the proposed improvement may, upon similar application, be excluded therefrom, except that the board of county commissioners shall not modify the boundaries described in the petition so as to change the object of the petition or so as to exempt from the operation of this chapter any land which is benefited by the proposed improvement.

      3.  In the hearing of any such petition the board of county commissioners shall disregard any informalities contained in the petition and if the board denies or dismisses the petition because the provisions of this chapter have not been complied with, which are the only reasons upon which it may refuse or dismiss the petition, it shall state its reasons in writing therefor in detail, which must be entered upon its records. If the reasons are not well founded, the district court of the county shall issue a writ of mandamus, upon proper application therefor, compelling the board of county commissioners to act in compliance with this chapter. The writ must be heard within 20 days after the date of issuance and that time must be excluded from the time given the board of county commissioners to act upon the petition.

      4.  Upon the completion of the hearing, the board of county commissioners shall forthwith make an order denying or granting the prayer of the petition. If the petition is granted, the board of county commissioners shall, in the order, define and establish the boundaries and designate the name of the proposed district and divide the district into three, five or seven divisions, as prescribed in the petition, as nearly equal in size and number of owners as may be practicable. Thereupon, the board of county commissioners shall, by further order entered upon its record, submit to the qualified electors of the proposed district at the next primary or general election the question of whether the district shall be organized pursuant to the provisions of this chapter, and by that order shall submit the names of one or more persons from each of the divisions of the district to be voted for as directors of the district. One director must be elected from each division by the qualified electors of the district and must be a qualified elector of the district and holder of title or evidence of title, as prescribed in NRS 309.030, to land within the division from which the director is elected. Each division constitutes an election precinct for the purposes of this chapter, except that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein.

      5.  The board of county commissioners shall give notice of the election and publish the notice for 2 weeks before the election in a newspaper within the county where the petition is filed. The notice must contain the words “Local Improvement District—Yes,” or “Local Improvement District—No,” or words equivalent thereto, and the names of persons to be voted for as directors.

      6.  The number of directors and the number of divisions of any district organized pursuant to the laws of this state must not be altered or changed except by a petition of a majority of the qualified electors of the district and a majority of the directors. The record of the board of county commissioners of the proceedings had and taken by it pursuant to the provisions of this chapter is, in the absence of fraud, conclusive evidence of the matters and things therein recited.

      [3:24:1928; NCL § 3457]—(NRS A 1993, 1053)