1.  In a county whose population is less than 700,000 an owner in fee of real property situate in the district may file with the board a petition praying that those lands be excluded from the district.

Terms Used In Nevada Revised Statutes 543.675

  • county: includes Carson City. See Nevada Revised Statutes 0.033
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U. See Nevada Revised Statutes 0.050
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

2.  Petitions must:

(a) Describe the property which the petitioner desires to have excluded.

(b) State that the property does not produce any runoff of floodwater capable of being served by the facilities of the district or by any future improvement contained in the master plan.

(c) Be acknowledged in the same manner and form as required in case of a conveyance of land.

(d) Be accompanied by a deposit of money sufficient to pay all costs of the proceedings for exclusion.

3.  The secretary of the board shall cause a notice of filing of such petition to be published, which must:

(a) State the filing of the petition.

(b) State the names of the petitioners.

(c) Describe the property mentioned in the petition.

(d) State the prayer of the petitioners.

(e) Notify all persons interested to appear at the office of the board at the time named in the notice, and show cause in writing why the petition should not be granted.

4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person.

5.  The filing of the petition is an assent by each petitioner to the exclusion from the district of all or part of the property mentioned in the petition.

6.  The board, if it considers it not to be in the best interest of the district that all or part of the property be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.

7.  If the board considers it to be in the best interest of the district that the property mentioned in the petition be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.

8.  There may be no withdrawal from a petition after consideration by the board nor may further objection be filed except in case of fraud or misrepresentation.

9.  Upon granting the petition, the board shall file for record a certified copy of its ordinance making the change, in the manner provided in NRS 543.300.

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