Nevada Revised Statutes 321.332 – Consent of State to action for declaratory judgment to determine rights of State to minerals; service of process on Attorney General; notice to each owner
1. Every person or his or her heirs, assigns or lawful successors referred to in NRS 321.331, who is entitled to any trust lands that may have been purchased by the person or his or her predecessors in interest, from the State of Nevada between March 3, 1887, and July 3, 1997, or who has a separate estate in the minerals, including any gas, coal, oil and oil shales existing in that land, arising from a conveyance or reservation of mineral rights by such an immediate or remote grantee of the State, may bring an action in the district court of this State in and for any county where those lands or any part thereof are located to determine by declaratory judgment of that court whether the State of Nevada has any rights to any minerals therein, including any oil, gas, coal and oil shales and, if possible, the extent thereof, and the State of Nevada hereby consents to the bringing of any such action.
Terms Used In Nevada Revised Statutes 321.332
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- 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
- Summons: Another word for subpoena used by the criminal justice system.
2. Service of process on the State of Nevada in any such action may be secured by serving a copy of the complaint, together with a copy of the summons, on the Attorney General of the State of Nevada.
3. If an action is brought pursuant to this section by the holder of a separate mineral estate, the holder shall give notice of the bringing of the action, by registered or certified mail, to every record owner of the fee in any lands which are the subject of the action, but is not required to join any such owner as a party to the action. The notice must:
(a) Be given within 5 days after the date of the filing of the complaint;
(b) Identify the land of the owner which is affected; and
(c) State the case number and court in which the action is brought.