Nevada Revised Statutes 704A.230 – Objections to establishment of service district
1. Any person owning real property within the proposed service district who wishes to object to the establishment of the proposed service district or to the costs thereof as contained in the joint report pertaining to the person’s lot or parcel included within the proposed service district shall, before the date set for the hearing, file written objections with the clerk.
Terms Used In Nevada Revised Statutes 704A.230
- 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.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Contract: A legal written agreement that becomes binding when signed.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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.
- Trustee: A person or institution holding and administering property in trust.
2. In considering objections, the governing body shall be governed by the following:
(a) Each paper containing signatures shall have attached thereto an affidavit of an owner of real property within the proposed service district stating that each signature was affixed in the owner’s presence and is the signer’s genuine signature.
(b) An objection shall be counted only for the real property described as belonging to the signer. An objection without a description shall not be counted.
(c) The signature of one cotenant, or if community property, the signature of either spouse, is sufficient for an objection.
(d) An objection signed by a guardian, executor, administrator or trustee is valid without an order of court therefor.
(e) An objection by a person in possession under a contract of purchase is valid.
(f) When several persons have a claim to or an interest in real property, the signature of any of them is sufficient unless questioned by another having a claim or interest, whereupon the wishes of the person legally entitled to possession of the real property at the date of the objection controls.
(g) An objection signed by an agent or attorney-in-fact shall be disregarded unless the authority of the agent has been recorded with the county recorder or written or telegraphic authority is attached to the objection before expiration of the time for filing the objection.
(h) An objection may be withdrawn by filing a withdrawal with the clerk before 5 p.m. of the last day for the filing of objections.
(i) The signature of a cotenant, spouse, claimant or person interested may be questioned, and the authority of an agent or attorney-in-fact may be questioned, at any time before the governing body finally passes upon the sufficiency of the objection, but the authority of an agent or attorney-in-fact may not be revoked as to a signature after the expiration of the period in which objections may be filed.