Nevada Revised Statutes 321.135 – Transfer of state park to local government
1. If the State of Nevada leases, sells or otherwise transfers, with or without consideration, a state park or any part thereof to a local government, the local government must agree to operate and maintain the park or part thereof in such a manner that the use and enjoyment of the park or part thereof by the residents of this State is not diminished.
Terms Used In Nevada Revised Statutes 321.135
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. A local government to which is transferred any real property or other interest in a state park, including, without limitation, any facility, equipment, water right or mineral right, may not sell, lease, encumber, alienate or otherwise dispose of the real property or other interest without authorization by a concurrent resolution of the Legislature.
3. If the State of Nevada executes a deed for real property which is part of a state park and which is transferred to a local government, the deed must:
(a) Include restrictions that:
(1) Protect all historical and recreational value of the property;
(2) Guarantee public access to the property; and
(3) Prevent the local government or any successor in title from transferring the property without authorization by a concurrent resolution of the Legislature; and
(b) Provide for the reversion of title to the property to the State of Nevada upon the breach of any restriction specified in paragraph (a).
4. The transfer to a local government of any real property that is part of a state park must not occur if any underlying lease of land from the Bureau of Land Management used by the state park prohibits such a transfer or would, upon such a transfer, compromise the ability of the local government to use the real property as a park.
5. A local government to which is transferred real property that is part of a state park shall, if the real property is subject to a lease from any person or entity, including, without limitation, the Bureau of Land Management, take all actions reasonable and necessary to ensure that the leased property remains part of the park.