Nevada Revised Statutes 281.405 – Validity of lien or encumbrance against property of public officer, candidate for public office, public employee or participant in official proceeding, or immediate family members thereof
1. Any lien or other encumbrance which is filed or otherwise claimed against the real or personal property of a public officer, candidate for public office, public employee or participant in an official proceeding, or a member of the immediate family of a public officer, candidate for public office, public employee or participant, which is based on the performance of or failure to perform a duty relating to the office, employment or participation of the officer, employee or participant is invalid unless the filing of the lien or encumbrance is authorized by a specific statute or by an order of a court of competent jurisdiction.
Terms Used In Nevada Revised Statutes 281.405
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Juror: A person who is on the jury.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Personal property: All property that is not real property.
- Public officer: means a person elected or appointed to a position which:
(a) Is established by the Constitution or a statute of this State, or by a charter or ordinance of a political subdivision of this State; and
(b) Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty. See Nevada Revised Statutes 281.005
- Statute: A law passed by a legislature.
2. As used in this section:
(a) ’Encumbrance’ includes, without limitation, a lis pendens or other notice of the pendency of an action.
(b) ’Immediate family’ means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.
(c) ’Lien’ means a charge against or an interest in property which is used as security for the payment of a debt or the performance of an obligation. The term includes, without limitation, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, a statutory lien and a security interest.
(d) ’Participant in an official proceeding’ includes, without limitation, a juror or witness in a judicial or administrative proceeding or a referee, arbitrator, mediator, appraiser, assessor or other person authorized by law to hear or determine any controversy or matter.