2005 Nevada Revised Statutes - Chapter 43 — Judicial Confirmation

CHAPTER 43 - JUDICIAL CONFIRMATION

NRS 43.010 Shorttitle.

NRS 43.020 Legislativedeclaration.

NRS 43.030 Definitions.

NRS 43.040 Actdefined.

NRS 43.050 ExecutiveOfficer defined.

NRS 43.060 Governingbody defined.

NRS 43.070 Instrumentdefined.

NRS 43.080 Municipalitydefined.

NRS 43.090 Projectdefined.

NRS 43.100 Petitionfor judicial examination and determination of validity of power, instrument,act or project: Facts; verification.

NRS 43.110 Actionin nature of proceeding in rem; jurisdiction of parties.

NRS 43.120 Noticeof filing of petition: Contents; service by publication and posting.

NRS 43.130 Ownerof property or interested party may move to dismiss or answer; effect offailure to appear.

NRS 43.140 Hearing;findings; judgment and decree; costs.

NRS 43.150 Reviewof judgment: Time for application.

NRS 43.160 Applicabilityof Nevada Rules of Civil Procedure; early hearings.

NRS 43.170 Effectof chapter.

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NRS 43.010 Shorttitle. This chapter shall be known as theJudicial Confirmation Law.

(Added to NRS by 1969, 134)

NRS 43.020 Legislativedeclaration. The Legislature of the State ofNevada determines, finds and declares in connection with this chapter:

1. An early judicial examination into anddetermination of the validity of any power, instrument, act or project of anymunicipality promotes the health, comfort, safety, convenience and welfare ofthe people of this state.

2. The provision in this chapter of the purposes,powers, duties, privileges, immunities, rights, liabilities and disabilitiespertaining to municipalities will serve a public function and effect a publicpurpose.

3. Any notice provided for in this chapter isreasonably calculated to inform each person of interest in any proceedingsthereunder which may directly and adversely affect his legally protectedinterests, if any.

4. The rule of strict construction shall have noapplication to this chapter, but this chapter shall be liberally construed toeffect the purposes and objects for which it is intended.

(Added to NRS by 1969, 134)

NRS 43.030 Definitions. Except where the context otherwise requires, thedefinitions in NRS 43.040 to 43.090, inclusive, govern the constructionof the Judicial Confirmation Law.

(Added to NRS by 1969, 135)

NRS 43.040 Actdefined. Act means any action, proposed ortaken, by a municipality in the exercise of any power.

(Added to NRS by 1969, 135)

NRS 43.050 ExecutiveOfficer defined. Executive Officer meansthe de jure or de facto Governor of this state, mayor, chairman, president orother titular head or chief official of the municipality proceeding under thischapter, but Executive Officer does not include a city manager, countymanager or other chief administrator of a municipality who is not its titularhead.

(Added to NRS by 1969, 136)

NRS 43.060 Governingbody defined.

1. Governing body means:

(a) The state commission or state board responsible forthe exercise of a power by the State or responsible for an instrument, act orproject of the State to which court proceedings authorized by this chapter andinitiated by the State pertain; and

(b) The city council, city commission, board ofsupervisors, board of commissioners, board of trustees, board of directors,board of regents or other legislative body of a municipality proceeding underthis chapter.

2. Governing body does not include the Legislatureof the State of Nevada if the municipality is the State or any corporation,instrumentality or other agency thereof.

(Added to NRS by 1969, 135)

NRS 43.070 Instrumentdefined. Instrument means any contract,deed, bond, other security, proceedings or other document of any kind,proposed, or executed or otherwise made, and pertaining to a municipalityproceeding under this chapter.

(Added to NRS by 1969, 135)

NRS 43.080 Municipalitydefined. Municipality means the State ofNevada, or any corporation, instrumentality or other agency thereof, or anyincorporated city, any unincorporated town, or any county, school district,conservancy district, drainage district, irrigation district, generalimprovement district, other corporate district constituting a politicalsubdivision of this State, housing authority, urban renewal authority, othertype of authority, the Nevada System of Higher Education, the Board of Regentsof the University of Nevada, or any other body corporate and politic of theState of Nevada, but excluding the Federal Government.

(Added to NRS by 1969, 135; A 1983, 111; 1987, 1717;1993, 362; 2005, 362)

NRS 43.090 Projectdefined. Project means any undertaking,proposed or taken, to which a power, instrument or act of a municipalityproceeding under this chapter and before a court for judicial confirmationpertains.

(Added to NRS by 1969, 135)

NRS 43.100 Petitionfor judicial examination and determination of validity of power, instrument,act or project: Facts; verification.

1. In its discretion the governing body may file orcause to be filed a petition at any time in the district court in and for anycounty in which the municipality is located or any act or project isundertaken, wholly or in part, praying a judicial examination and determinationof the validity of any power conferred or of any instrument, act or project ofthe municipality, whether or not such power has been exercised, such instrumenthas been executed or otherwise made or such act or project has been taken.

2. Such petition shall set forth the facts whereon thevalidity of such power, instrument, act or project is founded and shall beverified by the Executive Officer.

(Added to NRS by 1969, 135)

NRS 43.110 Actionin nature of proceeding in rem; jurisdiction of parties. The action shall be in the nature of a proceeding in rem,and jurisdiction of all parties interested may be had by publication andposting, as provided in this chapter.

(Added to NRS by 1969, 136)

NRS 43.120 Noticeof filing of petition: Contents; service by publication and posting.

1. Notice of the filing of the petition shall be givenby the clerk of the court, under the seal thereof, stating in brief outline thecontents of the petition and showing where a full copy of any instrument thereinmentioned may be examined.

2. The notice shall be served:

(a) By publication at least once a week for 5consecutive weeks by five weekly insertions, in at least a newspaper of generalcirculation in the municipality; and

(b) By posting the same in the office of themunicipality at least 30 days prior to the date fixed in the notice for thehearing on the petition.

3. Jurisdiction shall be complete after suchpublication and posting.

(Added to NRS by 1969, 136)

NRS 43.130 Ownerof property or interested party may move to dismiss or answer; effect offailure to appear.

1. Any owner of property in the municipality or anyother person interested in the power, instrument, act or project, or otherwiseinterested in the premises may appear and move to dismiss or answer thepetition at any time prior to the date fixed for the hearing or within suchfurther time as may be allowed by the court.

2. The petition shall be taken as confessed by allpersons who fail so to appear.

(Added to NRS by 1969, 136)

NRS 43.140 Hearing;findings; judgment and decree; costs.

1. The petition and notice shall be sufficient to givethe court jurisdiction, and upon hearing the court shall examine into anddetermine all matters and things affecting the question submitted, shall makesuch findings with reference thereto and render such judgment and decreethereon as the case warrants.

2. Costs may be divided or apportioned among anycontesting parties in the discretion of the district court.

(Added to NRS by 1969, 136)

NRS 43.150 Reviewof judgment: Time for application. Review ofthe judgment of the court may be had as in other similar cases, except thatsuch review must be applied for within 30 days after the time of the renditionof such judgment or within such additional time as may be allowed by the courtwithin 30 days.

(Added to NRS by 1969, 136)

NRS 43.160 Applicabilityof Nevada Rules of Civil Procedure; early hearings.

1. Nevada Rules of Civil Procedure shall govern inmatters of pleading and practice where not otherwise specified herein.

2. The court shall disregard any error, irregularityor omission which does not affect the substantial rights of the parties.

3. All cases in which there may arise a question ofthe validity of any matter under this chapter shall be advanced as a matter ofimmediate public interest and concern, and be heard at the earliest practicablemoment.

(Added to NRS by 1969, 136)

NRS 43.170 Effectof chapter.

1. This chapter, without reference to other statutesof this state, except as otherwise expressly provided in this chapter, shallconstitute full authority for the exercise of the powers therein granted.

2. The powers conferred by this chapter shall be inaddition and supplemental to, and not in substitution for, and the limitationsimposed thereby shall not affect the powers conferred by, any other law.

3. Nothing contained in this chapter shall beconstrued as preventing the exercise of any power granted to the municipality,acting by and through the governing body, or any officer, agent or employee ofthe municipality, or otherwise, by any other law.

4. No part of this chapter shall repeal or affect anyother law or part thereof, it being intended that this chapter shall provide aseparate method of accomplishing its objectives and not an exclusive one; andthis chapter shall not be construed as repealing, amending or changing any suchother law.

(Added to NRS by 1969, 136)