[Rev. 11/21/2013 11:28:20 AM--2013]

CHAPTER 404 - ROAD DISTRICTS

COUNTIES POLLING LESS THAN 1,800 VOTES

NRS 404.010           Creation and disorganization.

NRS 404.020           Sources of road fund.

NRS 404.030           Expenditure of money from road fund.

NRS 404.040           Disposition of road fund at end of year or upon disorganization of district.

NRS 404.050           Procedure for opening, changing or vacating public road.

NRS 404.060           Procedure for condemnation of property for new road or changing location of road.

COUNTIES POLLING 1,800 TO 2,999 VOTES

NRS 404.070           Establishment and designation.

NRS 404.075           Levy of property tax for maintenance and repair of roads.

NRS 404.080           Road supervisor: Appointment.

NRS 404.090           Road supervisor: Compensation.

NRS 404.100           Road supervisor: Duties.

NRS 404.110           Road supervisor prohibited from using or contracting for use of truck or equipment owned by road supervisor or relative; exception.

NRS 404.115           Loan or lease of district’s equipment for maintenance.

COUNTIES POLLING 3,000 OR MORE VOTES

NRS 404.120           Establishment and designation.

NRS 404.130           Road supervisor: Appointment; compensation.

NRS 404.140           Road supervisor: Oath and bond.

NRS 404.150           Road supervisor: Duties.

NRS 404.160           Road supervisor prohibited from using or contracting for use of truck or equipment owned by road supervisor or relative; exception.

ROAD INSPECTORS

NRS 404.170           Creation of office; appointment.

NRS 404.180           Compensation.

NRS 404.190           Duties.

NRS 404.200           Compensation of other persons.

NRS 404.210           Day’s work on public roads.

RE-ESTABLISHMENT OF BOUNDARIES

NRS 404.220           Re-establishment by county commissioners.

NRS 404.230           New boundaries to conform to surveys of United States Government.

NRS 404.240           New boundaries to include property and residences within district before re-establishment.

NRS 404.250           Re-establishment of boundaries for welfare of county.

_________

COUNTIES POLLING LESS THAN 1,800 VOTES

      NRS 404.010  Creation and disorganization.

      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]

      NRS 404.020  Sources of road fund.

      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)

      NRS 404.030  Expenditure of money from road fund.

      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]

      NRS 404.040  Disposition of road fund at end of year or upon disorganization of district.  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)

      NRS 404.050  Procedure for opening, changing or vacating public road.

      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)

      NRS 404.060  Procedure for condemnation of property for new road or changing location of road.  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

      NRS 404.070  Establishment and designation.  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)

      NRS 404.075  Levy of property tax for maintenance and repair of roads.  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)

      NRS 404.080  Road supervisor: Appointment.  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)

      NRS 404.090  Road supervisor: Compensation.  The compensation of road supervisors shall be fixed by the boards of county commissioners.

      [3:80:1901; RL § 3039; NCL § 5420]

      NRS 404.100  Road supervisor: Duties.  Each road supervisor shall:

      1.  Supervise all work upon the roads in his or her road district.

      2.  Attest to the propriety of all bills for such work.

      3.  Direct the expenditure of all sums set apart for his or her road district by the board of county commissioners.

      [Part 2:80:1901; A 1935, 233; 1931 NCL § 5419]

      NRS 404.110  Road supervisor prohibited from using or contracting for use of truck or equipment owned by road supervisor or relative; exception.  No road supervisor shall use or contract the use of any motor truck or road building equipment owned by the road supervisor 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 the road supervisor 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]

      NRS 404.115  Loan or lease of district’s equipment for maintenance.  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

      NRS 404.120  Establishment and designation.  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]

      NRS 404.130  Road supervisor: Appointment; compensation.  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]

      NRS 404.140  Road supervisor: Oath and bond.  Before entering upon the duties of 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 the road supervisor’s office, and shall be filed in the office of the county clerk.

      [4:172:1911; RL § 3044; NCL § 5425]

      NRS 404.150  Road supervisor: Duties.  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 or her 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 or her road district by the board of county commissioners, but no bills shall be contracted or any money expended by the road supervisor unless he or she shall have first obtained the consent and approval of the board of county commissioners.

      [Part 3:172:1911; A 1935, 232; 1931 NCL § 5424]

      NRS 404.160  Road supervisor prohibited from using or contracting for use of truck or equipment owned by road supervisor or relative; exception.  No road supervisor shall use or contract the use of any motor truck or road building equipment owned by the road supervisor 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 the road supervisor 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

      NRS 404.170  Creation of office; appointment.

      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]

      NRS 404.180  Compensation.

      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 or her 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 the road inspector.

      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]

      NRS 404.190  Duties.  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 the road inspector 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]

      NRS 404.200  Compensation of other persons.

      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 person 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 or her work.

      [6:21:1897; A 1911, 368; 1917, 393; 1919 RL § 3034; NCL § 5415]

      NRS 404.210  Day’s work on public roads.  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]

RE-ESTABLISHMENT OF BOUNDARIES

      NRS 404.220  Re-establishment by county commissioners.  The board of county commissioners of any county is authorized to re-establish 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]

      NRS 404.230  New boundaries to conform to surveys of United States Government.  Whenever the board of county commissioners shall re-establish 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]

      NRS 404.240  New boundaries to include property and residences within district before re-establishment.  Whenever the board of county commissioners shall re-establish 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 re-establishment 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]

      NRS 404.250  Re-establishment of boundaries for welfare of county.  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]