Section 405.204 - Legislative findings and declaration; action by Attorney General authorized; duty to develop, maintain and assist in implementation of legal protocol1. The Legislature hereby finds and declares that: (a) Formalizing and finalizing title to accessory roads and public roads is necessary for the State and its counties to protect proper authority over, continued access to and multiple uses on federally administered lands; and(b) The public interest of the State of Nevada is served by keeping accessory roads and public roads open and available for use by the residents of this state because: (1) There exists within this state a large number of accessory roads and public roads;(2) Accessory roads and public roads provide access for the control of fire on adjacent lands, the enforcement of laws by peace officers, search and rescue operations, medical personnel and ambulances, and public utilities;(3) Accessory roads and public roads provide access to public lands for members of the general public; and(4) Accessory roads and public roads enhance the taxable value of the private property served by such roads.2. The Legislature therefore urges the Attorney General to take a leadership role in pursuing actions on behalf of the State and its counties in formalizing and finalizing title to accessory roads and public roads in this State pursuant to the powers and duties provided in this section and NRS 228.180, 228.190 and 405.195.3. The Legislature therefore directs that: (a) If an agency of the United States responsible for the lands over which an accessory road or a public road runs pursues the closing of such a road, demands a fee or permit for the use of such a road, prescribes or asserts management authority over such a road or in any other way creates a case or controversy as to the use or title to such a road, the Attorney General, pursuant to this section or NRS 405.195, as applicable, may participate as a party in a quiet title action pursuant to 28 U.S.C. § 2409a or bring an action for a declaratory judgment as soon as practicable in cooperation with or on behalf of:(1) The State and its residents;(2) The county or counties in which the road lies;(3) Owners of lands served by the road;(4) Holders of grazing, mineral or other rights served by the road; and(5) All other users of the road, to protect the ownership of and title to the road, or to vindicate the rights of all users to the unimpeded maintenance, use and enjoyment of the road, and the rights of owners of lands or holders of rights served by the road to just compensation for any closing found necessary.
(b) The Land Use Planning Advisory Council created by NRS 321.740, the Attorney General and the Nevada Association of Counties shall work cooperatively to develop, maintain and assist in the implementation of a legal protocol whereby a county may perfect its rights to and finalize title to an accessory road or a public road.Added to NRS by 1993, 1403; A 2015, 2633Amended by 2015, Ch. 452,§3, eff. 7/1/2015.Added to NRS by 1993, 1403