Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintained by the Department on an interstate or other highway, to which the State has acquired the abutters’ easements of access to and from the abutting land, the Department may petition the district court of the county where such highway is located for an order permanently enjoining such person from further penetration of the control of access, and if the court finds, upon taking proof by affidavit or otherwise, that the State has acquired the abutters’ rights of access, it shall enjoin such person from further violation of such control-of-access fence or barrier and shall provide in its order that the Department may recover from such person a sum treble the actual expense incurred by the Department in restoring the control-of-access fence or barrier.

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Terms Used In Nevada Revised Statutes 408.427

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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