2005 Nevada Revised Statutes - Chapter 495 — City and County Airports; Acquisition of Property; Commercial Helicopters
CHAPTER 495 - CITY AND COUNTY AIRPORTS;ACQUISITION OF PROPERTY; COMMERCIAL HELICOPTERS
ACQUISITION AND OPERATION OF AIRPORTS BY COUNTIES AND CITIES
NRS 495.010 Acquisitionof sites and airports.
NRS 495.020 Indebtednessauthorized; bonds.
NRS 495.030 Powersconcerning erection, maintenance and operation of airports.
EMERGENCY LANDING FIELDS
NRS 495.035 Establishmentand maintenance by county.
LEASE OF COUNTY PROPERTY
NRS 495.040 Leaseauthorized; purposes; notice and hearing.
NRS 495.050 Commissionermay vote on agreement or lease extending beyond his term of office.
NRS 495.060 Conflictinglaws inapplicable.
ACQUISITION OF PROPERTY BY COMPANY FOR AIR TRANSPORTATION
NRS 495.070 Acquisitionauthorized; procedure.
NRS 495.080 Persondefined.
NRS 495.090 Verifiedpetition; contents.
NRS 495.100 Rightsof defendants.
NRS 495.110 Hearingof petition.
NRS 495.120 Noticeof hearing: Service; publication.
NRS 495.130 Appointmentof commissioners; vacancies.
NRS 495.140 Meetingof commissioners.
NRS 495.150 Hearing;assessment of compensation; reports; adverse claims.
NRS 495.160 Motionto set aside report; new trial.
NRS 495.170 Confirmationof reports.
NRS 495.180 Recordof reports; amendment of pleadings; costs.
NRS 495.190 Proceedingswhen title defective; payment into court.
NRS 495.200 Passageof title to corporation; public use.
NRS 495.210 Paymentor tender of compensation.
COMMERCIAL HELICOPTERS: PERSONAL PROPERTY TAX EXEMPTION
NRS 495.300 Commercialhelicopter defined. [Effective through June 30, 2007.]
NRS 495.310 Certainboards of county commissioners to designate preferred airport or other facilityfor takeoff and landing of commercial helicopters, and to recommend measures toreduce commercial helicopter noise; requirements for preferred airport or otherfacility. [Effective through June 30, 2007.]
NRS 495.320 Programto provide exemptions from personal property tax to owners of commercial helicopterswho use preferred airport or other facility or comply substantially withmeasures recommended to reduce helicopter noise. [Effective through June 30,2007.]
_________
ACQUISITION AND OPERATION OF AIRPORTS BY COUNTIES ANDCITIES
NRS
1. Any city, county, town or any municipal corporationin the State of Nevada is authorized and empowered:
(a) To acquire, by purchase, condemnation, donation,lease or otherwise, real or personal property, or to use any real propertyowned by it, or which it may hereafter acquire, within or without its corporatelimits for a site upon which an airport or airports may be maintained and uponwhich any such city, county, town or municipal corporation may erect andmaintain or permit the erection and maintenance of hangars, mooring masts,flying fields, and all places for flying, takeoff and landing of aircraft andthe storage of the same when not in active use, together with lights, radioequipment, service shops, conveniences, appliances, works, structures and otherair navigation facilities, now known or hereafter invented, of such number andcharacter and in such places as may be necessary or convenient.
(b) To levy taxes for the purpose of raising funds toacquire lands for the purposes mentioned in this section and
2. Any lands previously acquired by any such city,county, town or any municipal corporation in the State of Nevada for parkpurposes may be used for any of the purposes specified in this section, itbeing hereby specifically declared that the purpose specified in this sectionshall constitute park purposes. This subsection shall not be construed to limitor confine the uses specified in this section to lands acquired for parkpurposes.
3. The uses and purposes specified in this section arehereby declared to be a public use and subject to the exercise of the right ofeminent domain, whether such right shall have been exercised prior to or shallbe exercised subsequently to January 31, 1928.
[1:11:1928; NCL 289]
NRS
1. To incur indebtedness for any of the purposesmentioned in this section and NRS 495.010and 495.030.
2. To issue bonds for the acquisition, constructionand completion of any of the purposes mentioned in
[2:11:1928; NCL 290]
NRS
1. To regulate the receipt, deposit and removal, theembarkation or debarkation of passengers or property for and from such landingplaces or moorage as may be provided.
2. To exact and require charges, fees and tolls,together with a lien to enforce their payment.
3. To lease or assign for operation such space orarea, appurtenances, appliances or other conveniences necessary or useful inconnection therewith.
4. To own and operate municipal aircraft.
5. To employ pilots.
6. To provide rules and regulations covering the useof such airport and facilities and the use of other property or means oftransportation within or over the airport.
7. To perform any duties necessary or convenient forthe regulation of air traffic.
8. To enter into contracts or otherwise cooperate withthe Federal Government or other public or private agencies.
9. To exercise such powers as may be required orconvenient in the promotion of aeronautics and the furtherance of commerce andnavigation by air.
[3:11:1928; NCL 291]
EMERGENCY LANDING FIELDS
NRS
1. The several counties of the State of Nevada areauthorized:
(a) To designate, establish and maintain emergencylanding fields for flying, takeoff and landing of aircraft together withnecessary conveniences, appliances, works, structures, now known or hereafterinvented, of such number and character and in such places as may be necessaryor convenient, in the interest of promoting the public safety. Such designationshall be made by resolution spread upon the records of the proceedings of theboard of county commissioners.
(b) To pay for such establishment and maintenance outof any appropriations or other moneys made available for such purposes whetherby allocations from the State Airport Fund or by gift or devise.
2. The board of county commissioners of any county mayauthorize the use of county equipment for the purposes authorized in thissection.
3. The establishment and maintenance of emergencylanding fields are hereby declared to be county functions and purposes, as wellas public and governmental, and are matters of public necessity.
(Added to NRS by 1965, 1077; A 1967, 38)
LEASE OF COUNTY PROPERTY
NRS
1. The boards of county commissioners of therespective counties of this state may lease real and personal property of theircounty for use and occupancy as airports, airport facilities or airportservice, to whom and upon such conditions and terms as they deem proper, for aterm or terms not exceeding 99 years.
2. Before entering into any agreement for the lease ofproperty as set forth in subsection 1, the board of county commissioners shallpublish notice of its intention in a newspaper of general circulation publishedwithin the county at least once a week for 21 days or three times during aperiod of 10 days. If there is not a newspaper of general circulation withinthe county, the board shall post a notice of its intention in a public place atleast once a week for 30 days. The notice must specify that a regular meetingis to be held, at which meeting any interested person may appear. No such leaseor agreement may be entered into by the board until after the notice has beengiven and a meeting held as provided in this subsection.
[1:151:1945; 1943 NCL 296](NRS A 1957, 294; 1995,845; 2001, 821)
NRS
[2:151:1945; 1943 NCL 296.01]
NRS
[3:151:1945; 1943 NCL 296.02](NRS A 1975, 576)
ACQUISITION OF PROPERTY BY COMPANY FOR AIR TRANSPORTATION
NRS
[Part 1:154:1937; 1931 NCL 294.01]
NRS
[38:146:1865; B 3463; BH 872; C 1009; RL 3549; NCL 6273](NRS A 1985, 521)
NRS
1. The name of the corporation.
2. The date when it was incorporated.
3. That it still continues in legal existence.
4. The description by metes and bounds or by someaccurate designation of the tract or tracts of land which the corporationdesires to appropriate for the purposes mentioned in
5. That the tract or tracts of land are necessary forthe purposes.
6. The names of the persons in possession of the tractor tracts of land, and of those claiming any right, title or interest therein,as far as the same can be ascertained by reasonable diligence.
[24:146:1865; A 1869, 90; B 3449; BH 858; C 995; RL 3535; NCL 6259]
NRS
[25:146:1865; B 3450; BH 859; C 996; RL 3536;NCL 6260]
NRS
[26:146:1865; B 3451; BH 860; C 997; RL 3537;NCL 6261]
NRS
[27:146:1865; B 3452; BH 861; C 998; RL 3538;NCL 6262]
NRS
1. The defendants to the petition may appear and showcause against the petition, on or before the time for the hearing thereof, orat such other time to which the hearing may be continued.
2. Upon satisfactory proof being made that the defendantshave been duly notified of the pendency of the petition, as prescribed in
3. One of the commissioners shall be selected fromamong the persons, if any, named for that purpose by the corporation, and oneshall be selected from among the persons, if any, named on the part of any ofthe defendants, to ascertain and assess the compensation to be paid to anyperson or persons having or holding any right, title or interest in or to eachof the tracts of land, for and in consideration of the appropriation of suchland to the use of the corporation.
4. If any vacancy occurs among the commissioners, byreason of any one or more of them refusing or neglecting to act, or by anyother means, one or more commissioners may be appointed by the court to fillthe vacancy, upon notice being given of the vacancy, as the court may direct.
[28:146:1865; B 3453; BH 862; C 999; RL 3539;NCL 6263]
NRS
1. The court shall appoint the time and place for thefirst meeting of the commissioners, and the time for filing of their report,and may give such further time as may be necessary for that purpose, if theyshall not then have completed their duties.
2. The commissioners, or a majority of them, shallmeet at the time and place as ordered, and, before entering on their duties,shall be duly sworn to perform the duties imposed upon them honestly,faithfully and impartially. Any one of them may issue subpoenas for witnessesfor either of the parties, and may administer oaths. The commissioners mayadjourn from place to place and from time to time, as may be necessary for theproper discharge of their duties.
[29:146:1865; B 3454; BH 863; C 1000; RL 3540; NCL 6264]
NRS
1. The commissioners shall:
(a) Proceed to view the several tracts of land asordered by the court.
(b) Hear the allegations and proofs of the parties.
(c) Ascertain and assess the compensations for the landsought to be appropriated, to be paid by the corporation to the person orpersons having or holding any right, title or interest in or to each of theseveral tracts of land.
2. In ascertaining and assessing compensation, the commissionersshall take into consideration and make allowance for any benefit or advantagesthat in their opinion will accrue to such person or persons by reason of theconstruction of the landing places, terminals, air navigation facilities andaerial rights-of-way by the corporation.
3. If the corporation shall, in its petition filed inthe special proceedings, offer or agree to make good and sufficient fences onthe landing places, terminals, air navigation facilities, and aerialrights-of-way, or any portion thereof, at such places and times as the same maybe necessary, no sum of money or price for such fences shall be included in thecompensation or damages to be awarded by the commissioners; but the corporationshall not be required to construct fences on the landing places, terminals, airnavigation facilities and aerial rights-of-way where the same passes throughunenclosed tracts of land, nor until enclosure shall be made abutting upon theproperty of the corporation.
4. The commissioners shall, on or before the time ortimes as ordered by the court, file in the clerks office their report, signedby them, setting forth their proceedings in the premises, and they may includeall of the tracts in one report, or they may make several reports, includingone or more of the tracts of land, if the court shall so order, or if theyshall deem it proper.
5. In case there are adverse or conflicting claims tothe compensation assessed for any tract of land, or any right, title or interesttherein, thus sought to be appropriated, the parties thus asserting such claimsshall present the same, by petition, to the court after the report of thecommissioners shall have been filed, and the court shall proceed to hear anddetermine the same. In such case, the corporation may pay the amount of suchcompensation to the clerk of the court, to abide the order of the court in theproceeding, and the corporation shall not be liable for any of the costs causedby the adjudication of such conflicting claims.
[30:146:1865; B 3455; BH 864; C 1001; RL 3541; NCL 6265]
NRS
[31:146:1865; B 3456; BH 865; C 1002; RL 3542;NCL 6266]
NRS
[32:146:1865; B 3457; BH 866; C 1003; RL 3543; NCL 6267]
NRS
1. Each of the reports and the certificates thereon,upon the compensation therein named being paid, shall be recorded in the recordersoffice of the county by the corporation.
2. The court may make all orders as may be necessaryor proper in the special proceedings provided for in this chapter, and shallcause the pleadings and proceedings to be amended whenever justice shall requireit to be done, and shall direct the manner of the service of all orders andnotices not specially provided for.
3. Costs of the special proceedings shall be taxed bythe clerk at the rates prescribed in chapter 19of NRS for the county in civil actions, and shall be paid by the corporation,except in the case where a defendant shall move for a new trial, and thecompensation assessed by the commissioners shall not be increased more than 10percent upon the previous assessment, in which case such defendant shall paythe costs.
[33:146:1865; B 3458; BH 867; C 1004; RL 3544; NCL 6268]
NRS
[34:146:1865; B 3459; BH 868; C 1005; RL 3545; NCL 6269]
NRS
[35:146:1865; B 3460; BH 869; C 1006; RL 3546; NCL 6270]
NRS
1. Within 30 days after the final confirmation of thereport, the corporation shall, as ordered by the court, pay or tender the sumof money ascertained and assessed by the commissioners as compensation for eachtract of land described in the report.
2. The payment or tender may be made:
(a) To the person or persons owning the tract of land,or having or holding any right, title or interest therein, according to theamount or extent of the right, title or interest owned or held therein by suchperson or persons; or
(b) To the clerk for such persons, and the same shallbe deemed and taken as a payment to such person or persons, and shall be aseffectual for all purposes whatsoever as if the sum of money had beenpersonally paid to each and all of the persons entitled thereto.
3. The court shall, at the time of the payment of thesum of money to the clerk, or at such other time or times as may be ordered,direct and order the same to be paid over to the person or persons who shall,upon satisfactory proof, appear to be entitled thereto.
[36:146:1865; B 3461; BH 870; C 1007; RL 3547; NCL 6271] + [37:146:1865; B 3462; BH 871; C 1008; RL 3548; NCL 6272]
COMMERCIAL HELICOPTERS: PERSONAL PROPERTY TAX EXEMPTION
NRS
1. As an air ambulance, as that term is defined in
2. By or in cooperation with a law enforcement agency,fire-fighting agency or other governmental agency for purposes related to theprotection of public health and safety;
3. By a radio station or television station; or
4. By or in cooperation with the military or navalforces of this State or of the United States.
(Added to NRS by
NRS
1. The board of county commissioners of each countywhose population is 400,000 or more shall:
(a) In consultation with affected local governmentalentities, designate a preferred airport or other preferred facility for thetakeoff and landing of commercial helicopters.
(b) In consultation with the advisory committee onaircraft noise described in NRS 244.414or such other committee or advisory body as may be established by the county,recommend technological modifications and other measures that may be taken bythe owners of commercial helicopters to reduce the noise that is emitted andgenerated by such helicopters.
(c) Submit to the Federal Aviation Administrationsuggestions that the Administration may consider for new and alternative flightpaths for commercial helicopters to eliminate or minimize the flight of suchhelicopters over residential areas.
2. The preferred airport or other preferred facilitydesignated pursuant to paragraph (a) of subsection 1:
(a) Must not be the largest airport that is locatedwithin the county;
(b) Must not be located within a residential area; and
(c) Must be selected, insofar as is practicable, on thebasis that its location will reduce:
(1) The overall impact on the county and on theresidents of the county of noise that is emitted and generated by commercialhelicopters; and
(2) The risk of danger to the residents of thecounty related to helicopter traffic.
3. As used in this section, residential area meansland that is:
(a) Being used primarily for one- or two-familydwellings or apartments; and
(b) Located adjacent to or near other residentiallyused land.
(Added to NRS by
NRS
1. The board of county commissioners of each countywhose population is 400,000 or more shall develop a program pursuant to which,if a commercial helicopter:
(a) Uses the preferred airport or other preferredfacility designated pursuant to paragraph (a) of subsection 1 of
(b) Complies substantially with the technologicalmodifications and other measures that are recommended pursuant to paragraph (b)of subsection 1 of NRS 495.310,
the owner ofthe commercial helicopter is thereby eligible to receive an exemption from thepersonal property tax which would otherwise be attributable to and due for thathelicopter pursuant to chapter 361 of NRS.
2. The program developed pursuant to subsection 1:
(a) Must be developed in cooperation with the countyassessor of the county;
(b) Must not allow the tax exemption described in thatsubsection until the fiscal year beginning on July 1, 2004;
(c) Must, with respect to the portion of the programwhich relates to the use by commercial helicopters of the preferred airport orother preferred facility, set forth minimum thresholds, measured in number ofdays or by a percentage of takeoffs and landings, for the usage of thepreferred airport or other preferred facility by a commercial helicopter beforethe owner of that helicopter is eligible to receive the tax exemption describedin subsection 1;
(d) Must, if an owner of a commercial helicopterdesires to receive the tax exemption for using the preferred airport or otherpreferred facility, as described in paragraph (a) of that subsection, requirethe owner to, on an annual basis:
(1) Reapply for the exemption; and
(2) Provide proof that the commercial helicopteris using the preferred airport or other preferred facility in accordance withthe thresholds established pursuant to paragraph (c); and
(e) Must, if an owner of a commercial helicopterdesires to receive the tax exemption for complying substantially with thetechnological modifications and other measures, as described in paragraph (b)of that subsection, require the owner to, on an annual basis:
(1) Reapply for the exemption; and
(2) Provide proof of substantial compliance withthe technological modifications and other measures that are recommendedpursuant to paragraph (b) of subsection 1 of NRS495.310.
(Added to NRS by
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