[Rev. 11/21/2013 10:51:54 AM--2013]

CHAPTER 326 - POSSESSORY ACTIONS CONCERNING PUBLIC LANDS

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS ON PUBLIC LANDS

NRS 326.005 Suspension of NRS 326.010 to 326.070, inclusive, until action by Legislature.

NRS 326.010 Commencement and maintenance of action for interference with possession of public lands occupied for grazing or agricultural purposes; mining rights.

NRS 326.020 Size of claim and other conditions necessary to maintain action.

NRS 326.030 Survey; recording of certified plat.

NRS 326.040 Improvements: Time limited; value.

NRS 326.050 Authorized absence of claimant without occupancy: Payment and disposition of fees.

NRS 326.060 Proof of actual enclosure not required on trial.

NRS 326.070 Adverse entrant guilty of unlawful entry; proceedings for removal.

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS BY APPLICANTS AND CONTRACTORS TO PURCHASE PUBLIC LANDS

NRS 326.080 Right to exclusive possession in applicant or contractor.

NRS 326.090 Right of contractor or applicant to maintain or defend action concerning possession.

NRS 326.100 Prospecting and mining authorized.

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MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS ON PUBLIC LANDS

NRS 326.005  Suspension of NRS 326.010 to 326.070, inclusive, until action by Legislature.  Notwithstanding the provisions of NRS 326.010 to 326.070, inclusive, no person may occupy or settle on any public lands in this State or bring and maintain any action pursuant to those provisions, and no state or county officer or employee may perform any duty required under those provisions, until the Legislature by concurrent resolution authorizes the resumption of those occupations, settlements and actions and the resumption of those duties.

(Added to NRS by 1981, 1548)

NRS 326.010  Commencement and maintenance of action for interference with possession of public lands occupied for grazing or agricultural purposes; mining rights.

1.  Any person legally occupying and settled upon, or who may hereafter occupy or settle upon, any of the public lands in this State, for the purpose of cultivating or grazing the same, may commence and maintain an action for interference with or injuries done to his or her possession of such land, against any person or persons so interfering with or injuring such land or possession.

2.  If the lands so occupied and possessed contain mines of any of the precious metals, the possession or claim of the person or persons occupying the same for grazing or agricultural purposes shall not preclude the working of such mines by any person or persons desiring so to do, as fully and unreservedly as they might or could do had no possession or claim been made for grazing or agricultural purposes.

[1:95:1865; B 78; BH 3738; C 3814; RL 5849; NCL 9432]

NRS 326.020  Size of claim and other conditions necessary to maintain action.  No person shall be entitled to maintain an action for possession of or injury to any claim as provided in NRS 326.010 unless:

1.  The claim contains 160 acres or less and does not contain more than 160 acres.

2.  The claim has been surveyed and marked by metes and bounds so that the boundaries may be readily traced and the extent of the claim easily known.

3.  The claimant occupies the claim.

4.  The claimant has complied with the provisions of NRS 326.030 and 326.040.

[2:95:1865; B 79; BH 3739; C 3815; RL 5850; NCL 9433]

NRS 326.030  Survey; recording of certified plat.  Any person claiming any of the public lands in this State shall:

1.  Have the same surveyed by the county surveyor of the county in which the lands are situated.

2.  Have the plat of such survey duly certified to by the county surveyor.

3.  Have the plat recorded in the office of the county recorder.

4.  Take and subscribe his or her affidavit that he or she has taken no other claim under the provisions of NRS 326.010 to 326.070, inclusive, and that, to the best of his or her knowledge and belief, the lands are not claimed under any existing title.

[3:95:1865; B 80; BH 3740; C 3816; RL 5851; NCL 9434]

NRS 326.040  Improvements: Time limited; value.  Within 90 days after the date of record, the person recording is required to improve the lands thus recorded to the value of $200, by putting such improvements thereon as shall partake of the realty, unless such improvements shall have been made prior to the application for survey and record, according to NRS 326.030.

[4:95:1865; B 81; BH 3741; C 3817; RL 5852; NCL 9435]

NRS 326.050  Authorized absence of claimant without occupancy: Payment and disposition of fees.

1.  At any time after the provisions of NRS 326.020, 326.030 and 326.040 have been complied with, the person so complying may absent himself or herself from such claim, without being required to occupy the same, for a period of not more than 12 months; but the person so wishing to absent himself or herself shall first pay to the county treasurer of the county in which the claim is situated the sum of $15. Upon such payment, the county treasurer shall issue a receipt for the same, and at any time within 12 months after the date thereof the receipt shall be received as prima facie evidence of possession in any court having jurisdiction in such cases.

2.  Any person absenting himself or herself from a claim for a longer period than 60 days without first paying the sum provided in subsection 1 forfeits his or her claim to the lands.

3.  The amount paid to any county treasurer under the provisions of this section shall be paid by the county treasurer into the general fund of the county.

[5:95:1865; B 82; BH 3742; C 3818; RL 5853; NCL 9436](NRS A 1971, 204; 1977, 561)

NRS 326.060  Proof of actual enclosure not required on trial.  On the trial of any such causes, the possession or possessory right of the plaintiff shall be considered as extending to the boundaries embraced in the survey so as to enable the plaintiff, according to NRS 326.030, to have and maintain an action without being compelled to prove an actual enclosure.

[6:95:1865; B 83; BH 3734; C 3819; RL 5854; NCL 9437]

NRS 326.070  Adverse entrant guilty of unlawful entry; proceedings for removal.

1.  All lands in this state shall be deemed and regarded as public lands until the legal title is known to have passed from the government to private persons.

2.  Every person who shall have complied with the provisions of NRS 326.010 to 326.070, inclusive, shall be deemed and held to have the right or title of possession of all the lands embraced within the survey, not to exceed 160 acres; and any person who shall thereafter, without the consent of the person so complying, enter into or upon such lands adversely, shall be deemed and held guilty of an unlawful and fraudulent entry thereon, and may be removed therefrom by proceedings had before any justice of the peace of the township in which the lands are situated. Such proceedings may be commenced and prosecuted under the provisions of NRS 40.220 to 40.420, inclusive, and all the provisions contained in those sections are made applicable to proceedings under NRS 326.010 to 326.070, inclusive.

[7:95:1865; A 1869, 72; B 84; BH 3744; C 3820; RL 5855; NCL 9438]

MAINTENANCE AND DEFENSE OF POSSESSORY ACTIONS BY APPLICANTS AND CONTRACTORS TO PURCHASE PUBLIC LANDS

NRS 326.080  Right to exclusive possession in applicant or contractor.  Every person who has applied to the State of Nevada to purchase any land from the State, or who has contracted with the State of Nevada for such purchase, or who may hereafter apply to or contract with the State of Nevada, in good faith, for the purchase of any of its public land, and who has paid or shall pay to the proper state officers the amount of money requisite under such application or contract, shall be deemed and held to have the right to the exclusive possession of the land described in such application or contract, provided no actual adverse possession thereof existed in another at the date of the application.

[1:133:1887; C 325; RL 3224; NCL 5542]

NRS 326.090  Right of contractor or applicant to maintain or defend action concerning possession.

1.  Every person who has contracted with the State of Nevada, in good faith, to purchase any land from the State shall be entitled to maintain or defend an action at law or in equity concerning such land or its possession, which may be maintained or defended by persons who own land in fee.

2.  Every person who has applied or may hereafter apply to the State of Nevada, in good faith, to purchase any land from the State, and has paid or shall pay the amount of money which may be required under such application to the proper state officer, shall be deemed and held to have the right to the exclusive possession of such land, and shall be entitled to maintain and defend an action at law or in equity, concerning such land or the possession thereof, which may be maintained or defended by persons who own land in fee, provided no actual adverse possession of such land existed in another at the date of such application.

[2:133:1887; C 326; RL 3225; NCL 5543]

NRS 326.100  Prospecting and mining authorized.  Nothing contained in NRS 326.080 and 326.090 shall be so construed as to prevent any person or persons from entering upon such lands for the purpose of prospecting for any of the precious metals, or to prevent the free and economical working of any mine which may be discovered therein.

[3:133:1887; C 327; RL 3226; NCL 5544]