2005 Nevada Revised Statutes - Chapter 270 — Correction and Vacation of Plats
CHAPTER 270 - CORRECTION AND VACATION OFPLATS
CORRECTION OF PLATS, ADDITIONS AND SUBDIVISIONS
NRS 270.010 Procedurefor correction of maps or plats.
NRS 270.020 Surveymay be made; preparation and contents of map.
NRS 270.030 Compensationof surveyor; employment of other engineers.
NRS 270.040 Filingof original map with clerk; posting of copies; notice of time for objections.
NRS 270.050 Objectionsand exceptions to plat: Form and contents.
NRS 270.060 Cityto commence action in district court; contents of complaint; notice of lispendens; service of summons.
NRS 270.070 Contentsand posting of summons; property deemed within jurisdiction of district court;fictitious defendants.
NRS 270.080 Furtherpleadings: Nevada Rules of Civil Procedure; hearing given precedence.
NRS 270.090 Findingsof fact, conclusions of law and judgment; recording of certified copy ofjudgment, map and plat; fees for recording; county recorder to provide copy ofmap or plat or access to digital map or plat to county assessor.
NRS 270.100 Appeal:Procedure.
NRS 270.110 Cityattorney or district attorney may prosecute action; employment of othercounsel.
NRS 270.120 Questionsof fact may be referred to master; property may be taken for public use;procedure.
NRS 270.130 Equitablejurisdiction of court to settle rights, conflicts and controversies; court mayvest title; stipulations between parties.
NRS 270.140 Applicabilityof NRS 270.010 to
NRS 270.150 Additionalrights and remedies.
VACATION OF PORTIONS OF CITYS PLATS
NRS 270.160 Procedure.
NRS 270.170 Personclaiming material injury may commence action to have order of vacation setaside.
NRS 270.180
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CORRECTION OF PLATS, ADDITIONS AND SUBDIVISIONS
NRS
1. The map or plat of any city or of any part thereofor addition thereto, filed or recorded in accordance with the then existing lawor filed and recorded in accordance with this chapter is, by reason of error ormistake, or lack of sufficient description, or by reason of the fact that theoriginal map or plat is lost or destroyed, or by reason of the fact that therehave been filed or recorded two or more conflicting maps or plats for such cityor part thereof or addition thereto, is uncertain or ambiguous; or
2. By reason of the mistaken, faulty, erroneousplatting or description of or on any such map or plat, or by reason of thedestruction of section corners or other artificial or natural monuments, thereis any substantial uncertainty, ambiguity or confusion as to the correct andaccurate description or location of the lands, blocks or lots therein describedor the lines of the blocks, lots, streets, alleys, highways, parks, schoolproperty, cemeteries or other pieces or parcels devoted to public use,
such lost ordestroyed map or plat may be restored or such faulty, erroneous or ambiguousmap or plat may be corrected, or the confusion, ambiguity or uncertaintyarising by reason of there being two or more conflicting maps or plats, or byreason of the destruction of section corners or other artificial or naturalmonuments, may be cured as provided in NRS270.010 to 270.150, inclusive.
[1:120:1919; 1919 RL p. 2663; NCL 1355](NRS A1977, 1515)
NRS
1. The city council, or other legislative board of anysuch city, upon its own motion or resolution or upon the petition of anyproperty holder and taxpayer within the city, affected by such loss,destruction, uncertainty, ambiguity, confusion or conflict, may instruct andemploy the city surveyor or the county surveyor of the county in which the cityis situate, or any other professional land surveyor, to make a complete surveyof such city or of such part thereof or addition thereto and to prepare acorrect and accurate map or plat of such survey, upon which map or plat all ofthe blocks, lots, streets, alleys, highways, parks, school property, cemeteriesand other properties devoted to public use must be shown.
2. The map or plat must show by course and distanceaccurate ties with well-known and established section, or quarter section,corner or corners, and with some permanent artificial monument or monumentserected or constructed with definite and exact relation to the center line ofthe streets of such city or such part thereof or addition thereto and with suchmarks or monuments of original surveys as may be found and identified, togetherwith an accurate description of each such section, or quarter section, corner,monument or mark.
3. The map must be entitled substantially as follows:Map of survey of city of ................(or of........ addition to city of................, as the case may be) under the provisions of
4. The map must bear the sworn certificate of thesurveyor making the same and must be made upon vellum, tracing cloth or othermaterial of a permanent nature generally used for such purpose in theengineering profession, and must be drawn to a convenient scale sufficientlylarge to show clearly all lines and corners of blocks, lots, streets, alleys,highways, parks, school property, cemeteries and other property devoted topublic use. Where there is any uncertainty as to the correct position, descriptionor line of any lot, block, street, alley or other piece or parcel of property affected,or wherever there is a conflict or contradiction in point, line, numbering,lettering or other description, by reason of conflicting maps, theretoforefiled or recorded, or by reason of mistakes or inaccuracies in any prior map orplat, or otherwise, the same must be clearly shown or indicated. Wherever theline on which fences, buildings or other improvements have been built inaccordance with prior maps, plats or surveys, or otherwise, and the same appearto be in conflict with the lines, points or directions, as shown in the map orplat herein provided for, such conflict or conflicts must likewise be clearlyshown.
5. The map may be prepared in as many sections andwith such changes in scale as may be necessary to show clearly the mattersherein required.
[2:120:1919; 1919 RL p. 2664; NCL 1356](NRS A1960, 136; 1977, 1515; 1989, 789)
NRS
1. The city council or other legislative board of thecity shall allow to the city engineer or county engineer or other engineeremployed for making such survey and maps a reasonable compensation for hisservices and for the services of such assistant or assistants as he may employin the work and such expenses as are necessary to mark permanently the pointsand lines of such survey.
2. In the event that the engineer employed shall forany reason fail to complete the work within a reasonable time, the board orcouncil may employ such other and further engineers or surveyors as may benecessary to complete the work.
[3:120:1919; 1919 RL p. 2664; NCL 1357]
NRS
1. When the survey has been completed and the map ormaps, or plat or plats, prepared as provided in
2. The notice shall state briefly the filing of theplat or map, the purpose thereof and the places where the same is on display,and shall notify all persons that may be affected thereby to file their writtenobjections or exceptions thereto, if any they have, with the board or council,not more than 60 days from the date of the first publication of the notice andthat after the expiration of such period the maps or plats will be filed withthe district court for their adoption and approval in accordance with theprovisions of NRS 270.010 to
3. The due publication of the notice shall be shown bythe affidavit of the manager or publisher of the newspaper in which the same ispublished, and the posting of the notice shall be shown by affidavit of theclerk or of the person posting the notices.
4. The board or council shall also furnish additionalblue or blueline prints of the maps or plats at a reasonable cost to anyparties desiring such copies.
[4:120:1919; 1919 RL p. 2665; NCL 1358]
NRS
1. Objections or exceptions to such maps or platsshall be in writing, under the oath of the objecting or excepting party, andshall be filed with the clerk of the board not later than 60 days after thefirst publication of the notice and the clerk shall endorse his filing marksthereon.
2. The objections or exceptions need not be in anyprecise or particular form, but shall state clearly the nature of the objectionor exception and the grounds and facts upon which the same are based, and shallconform so far as may be practicable to pleadings in courts of record. Noanswer or reply need be made or filed to put such objections or exceptions atissue, but the same shall be considered at issue upon the map or plat and theobjections or exceptions thereto. Such objections or exceptions shall beentitled: Before the City Council (or ........, as the case may be) of theCity of ................, County of ................, State of Nevada. In thematter of the adoption of a map or plat of and for the City of ................(or the ................ addition to, such city, as the case may be).
[5:120:1919; 1919 RL p. 2665; NCL 1359](NRS A1977, 1516)
NRS
1. Within 30 days after the expiration of the 60 daysfrom the date of the first publication, the city council, or other legislativeboard of the city shall commence an action in the district court of the Stateof Nevada, in and for the county in which the city is situate, in which suchcity shall be the party plaintiff and in which shall be joined as partiesdefendant all persons who are by the plaintiff known to have, or appear by thecounty assessors lists in the county to have, any interest, whether legal orequitable and whether in possession or expectancy in or to any of the blocks,lots or any other pieces or parcels of property, whose title would be affectedby the adoption of the map or maps, or plat or plats.
2. Such action shall be commenced by the filing of acomplaint, in which the plaintiff shall set forth the making and filing of themap or maps, plat or plats, in accordance with the provisions of
3. At the time of commencing such action the plaintiffshall cause to be filed in the office of the county recorder of the county inwhich the property is situate, a notice of the pendency of the action, and suchnotice, when recorded, shall be considered a notice thereof to all persons tothe extent and effect now provided by law.
4. The summons shall be served as provided in NRS andthe Nevada Rules of Civil Procedure; but if the corrections shall not changethe boundaries in any property owners property, the summons shall be served bypublication thereof for 4 consecutive weeks in some newspaper in the county inwhich the property is situated, and such publication shall be deemed to belegal service thereof.
[6:120;1919; A 1929, 20; NCL 1360]
NRS
1. The summons in the action need not contain adescription by lot or block numbers or by metes and bounds, but shall refergenerally to the purpose of the action and shall contain the name of the cityor part thereof or addition thereto to be affected by the action.
2. A copy of the summons shall be posted in 3conspicuous places within the city within 10 days after the filing of the complaint.
3. After the service of the summons and complaint, asherein provided, and the filing of the notice of the pendency of such actionand the posting of summons, as in this section specified, all of the propertywithin such city or part thereof or addition thereto shall, for all of thepurposes of the action, be conclusively deemed within the jurisdiction of thedistrict court in which such action is brought.
4. If the names of the owner or owners of any of theproperty within the city shall be unknown to the plaintiff, such fact may berecited in the complaint in the action and any and all such owners impleadedunder fictitious names, and the complaint may be thereafter amended if the truenames of such fictitious defendants or any of them be thereafter ascertained.The judgment and decree in the action shall be binding and conclusive as to allof the property affected, whether the owners, or one or more thereof, of any ofthe parcels of property within the city be actually named as party or partiesdefendant or not.
[7:120:1919; 1919 RL p. 2666; NCL 1361](NRS A1977, 1517)
NRS
1. Further pleadings may be served and filed in theaction in all respects as provided in the Nevada Rules of Civil Procedure forother actions and the cause shall proceed in all respects in accordance withthe regular practice in courts of record in this State.
2. When the cause is at issue upon the plaintiffscomplaint and the respective answers of such defendants as shall have appearedin the action, and the reply of the plaintiff to any affirmative matters set upin any one or more of such answers, and when the default of all defendantsfailing to appear has been entered, the court shall set the matter down forhearing at the earliest practicable date and the hearing thereof shall haveprecedence over all other matters upon the calendar, except matters of asimilar nature, and except hearings on temporary or permanent injunctions and exceptsuch matters as are given precedence by law.
[8:120:1919; 1919 RL p. 2666; NCL 1362]
NRS
1. The findings of fact and conclusions of law andjudgment must be made and entered as in other cases, and exceptions, motionsfor new trial and appeals may be had as provided in NRS and the Nevada Rules ofAppellate Procedure.
2. The court or judge thereof shall in the findingsand decree establish a definite map or plat of the city, or part thereof oraddition thereto, in accordance with the pleadings and proof, and shall, byreference, make a part of the findings and judgment the map or plat soestablished.
3. Wherever blocks or parts of blocks in the originallost, destroyed, conflicting, erroneous or faulty maps or plats have beeninsufficiently or incorrectly platted, numbered or lettered, the omission,insufficiency or fault must be supplied and corrected in accordance with thepleadings and proof.
4. If the map or plat prepared by the surveyor isinadequate or impracticable of use for the judgment, the judgment or decree mayrequire the making of a new map or plat in accordance with the provisions ofthe findings and judgment.
5. A certified copy of the judgment, together with themap or plat as is established by the court, must be recorded in the office of thecounty recorder of the county in which the action is tried. All the ties anddescriptions of section or quarter section corners, monuments or marks requiredby NRS 270.020 must appear on the mapfinally established by the judgment. The county recorder may collect and receiveas his fees for recording and indexing the certified copy of the judgment andmap, $10 for the map, and the specific statutory fees for the judgment, but notexceeding $50.
6. The judgment may require that all prior existingmaps in conflict with the map or plat adopted be so marked or identified by thecounty recorder to show the substitution of the new map or plat in placethereof.
7. A county recorder who records a map or platpursuant to this section shall, within 7 working days after he records the mapor plat, provide to the county assessor at no charge:
(a) A duplicate copy of the map or plat and anysupporting documents; or
(b) Access to the digital map or plat and any digitalsupporting documents. The map or plat and the supporting documents must be in aform that is acceptable to the county recorder and the county assessor.
[9:120:1919; A 1929, 17; NCL 1363](NRS A 1977,1517; 1983, 349; 2001,1559, 1757;
1. In the event of any appeal, as mentioned in
(a) To appeal from such part of the judgment, decree,order denying motion for new trial, etc., as applies to the particularcontroversy upon which such appeal is taken; and
(b) To cause to be prepared, and for the clerk toprepare and certify to, on such appeal, such parts of the record on appeal,transcript on appeal, judgment record, etc., as apply to such particularcontroversy, or
such appealmay be taken upon an agreed statement on appeal, or an agreed statement offacts stipulated to between the appellant and respondent and approved by thecourt or judge.
2. Any number of such appeals may be taken separatelyby the several parties to such action, or one or more of such appellants mayjoin in one appeal.
3. Except as herein otherwise provided, theproceedings on such appeal shall conform with the Nevada Rules of AppellateProcedure.
[9a:120:1919; added 1929, 17; NCL 1364]
NRS
[10:120:1919; 1919 RL p. 2667; NCL 1365]
NRS
1. The court or judge trying the cause may refer anyquestions of fact arising therein to a master or commissioner for findings anddetermination, and the findings of such master or commissioner shall be subjectto review by such court or judge.
2. The court or judge before whom the cause is triedshall have full jurisdiction over all questions that may be properly at issueupon the pleadings, including such issues that may arise by reason of anyconflict between the lots, blocks, streets, alleys, highways, parks,cemeteries, schools and other public properties, or the lines or cornersthereof, as shown by the map or maps, or plat or plats, filed with the complaint,and the rights or alleged rights of any one or more of the owners of any of theproperty described in the complaint or embraced in the map or maps, or plat orplats.
3. In the event that it is necessary, for the purposeof fixing and establishing the map or maps, or plat or plats, to devote anypieces or parcels of property owned by any of the defendants within the city,subdivision or addition to public uses as streets or alleys, it shall be properfor the court or judge to appoint three appraisers, who shall appraise andassess the value of such property, and the court may condition the approval ofsuch map or plat on the payment or proper tender by plaintiff to such partydefendant of such assessed sum. Any two of such three appraisers shall becompetent to act, and their appraisement or assessment shall be subject toreview by the court.
[11:120:1919; 1919 RL p. 2667; NCL 1366]
NRS
1. The court or judge trying the cause shall have fullequitable jurisdiction to settle and determine all rights, conflicts andcontroversies arising out of any situation wherein it is claimed or allegedthat improvements owned by any of the defendants encroach upon any streets,alleys or other public places.
2. If it appear to the court or judge that any of thedefendants has constructed improvements upon what appears, from the maps orplats submitted, to comprise streets, alleys or other public places in thecity, and that the construction of such improvements was made by such defendantor defendants in good faith and in the supposition that such improvements wereconstructed within the property lines of such defendant or defendants, or inreliance upon any map or plat supposed to be correct or authentic, or inreliance upon any monuments supposed to be correct or authentic, or in relianceupon the lines upon which other improvements in such block or in other blockshad been constructed, and if it appear that the retention of possession and thevesting of title in such defendants of such portions of the streets, alleys orother public places can be maintained without material injury to the public, orto the other residents of the city, the court shall have full power andauthority, in its findings and decree, to declare such title and possessionvested in such defendant or defendants; or may, in its discretion and inaccordance with the facts, the law and the equities in the case, declare suchpossession and title vested in such defendant or defendants, upon such terms asmay be just and equitable, or upon the payment of such sums as may be right andproper by such defendant or defendants to the city or town.
3. Nothing herein contained shall be construed asmaking it obligatory upon such court or judge to decree or vest title in anysuch defendant or defendants to property necessary for public use. The court orjudge may, in the findings and decree, recognize and approve any stipulation,otherwise appearing to be fair and equitable and without fraud or collusion,between the city or town, on the one hand, as plaintiff, and any of theseparate or several individual defendants, as to the establishing of such lines,and no such stipulation shall be invalid by reason of the fact that any otherdefendant or defendants shall not be parties thereto, save and except wheresuch stipulation shall affect the actual property lines of other defendants. Nosuch findings or decree shall be invalid by reason of misjoinder or nonjoinderof parties in or to the action in the settlement of such individual conflicts.
[11a:120:1919; added 1929, 17; NCL 1367]
NRS
[12:120:1919; 1919 RL p. 2668; NCL 1368]
NRS
[13:120:1919; 1919 RL p. 2668; NCL 1369]
VACATION OF PORTIONS OF CITYS PLATS
1. Any owner or owners of platted land in anincorporated city may make application in writing to the city council of thecity wherein such land is situated for the vacation of the portion of the platso owned by him or them, together with such portion of any and all streets,alleys and public ways as adjoin or abut the same.
2. Such application shall particularly describe theportion of the plat, and of the streets, alleys and public ways sought to bevacated, and shall be signed by the applicant or applicants.
3. A copy of such application shall be published atthe expense of the applicant or applicants in a newspaper of generalcirculation published in such city, at least once a week for 3 successiveweeks, which publication shall be deemed due and sufficient notice to allpersons interested of the nature and purpose of such application.
4. Upon the filing of such application and proof ofpublication with the city clerk, the city council shall, at its next regularmeeting, proceed to hear, consider and dispose of the same, and if the citycouncil be satisfied that neither the public nor any person will be materiallyinjured thereby, it shall order such portion of the plat, streets, alleys andpublic ways vacated in accordance with such application, a certified copy ofwhich order shall be duly recorded in the office of the recorder of the countywherein such land is situated. Such county recorder shall endorse the informationcontained in the order on the original plat.
5. Such owner or owners shall cause to be prepared, attheir expense, a revised plat plainly showing the approved vacation, and recordit with the county recorder of the county in which the property is locatedafter such revised plat has been approved by the city council. Such revisedplat shall comply with all requirements of this chapter.
[1:73:1917; A 1941, 39; 1931 NCL 1372](NRS A 1971,763)
NRS
[2:73:1917; 1919 RL p. 2663; NCL 1373]
NRS
[3:73:1917; 1919 RL p. 2664; NCL 1374](NRS A 1977,1518)
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