reglab/housing_qa huggingface dataset:
NV Rev Stat § 408.439 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.439 - Advisory Committee on Transportational Storm Water Management: Creation; members and appointing authority; chair; terms; vacancies; meetings; duties; required reports. [Effective through June 30, 2021.]

  1. The Advisory Committee on Transportational Storm Water Management is hereby created.  2. The Advisory Committee consists of five members appointed by the Director of the State Department of Conservation and Natural Resources as follows:  (a) One member who represents the Associated General Contractors of America.  (b) One member who represents the State Department of Conservation and Natural Resources.  (c) One member who represents the Department of Transportation.  (d) One member who represents the Division of Environmental Protection of the State Department of Conservation and Natural Resources.  (e) One member who represents the public and who has expertise in a field that is relevant to the storm water program.  3. The Chair of the Advisory Committee must be the member of the Advisory Committee who is appointed to represent the Division of Environmental Protection of the State Department of Conservation and Natural Resources.  4. Each member of the Advisory Committee serves for a term of 3 years, beginning on July 1, and may be reappointed.  5. Each member of the Advisory Committee serves at the pleasure of the Director of the State Department of Conservation and Natural Resources.  6. A vacancy on the Advisory Committee must be filled in the same manner as the original appointment.  7. Members of the Advisory Committee serve without compensation and are not entitled to travel or per diem expenses.  8. The Advisory Committee shall meet at the call of the Chair as frequently as required to perform its duties.  9. The Advisory Committee shall work cooperatively with the Division of Environmental Protection of the State Department of Conservation and Natural Resources to:  (a) Ensure the sound implementation and functioning of the storm water program.  (b) Monitor the status and efficacy of the storm water program.  10. Not less frequently than once each calendar quarter, the Advisory Committee shall report to the Department of Transportation regarding matters to include, without limitation:  (a) The activities of the Advisory Committee; and  (b) The implementation and efficacy of the storm water program.  11. Not less frequently than once each calendar quarter, the Department of Transportation shall report to the Interim Finance Committee regarding matters to include, without limitation:  (a) The activities of the Advisory Committee; and  (b) The implementation and efficacy of the storm water program.  12. As used in this section:  (a) "Advisory Committee" means the Advisory Committee on Transportational Storm Water Management created by subsection 1.  (b) "Storm water program" means the program described in NRS 408.441 to 408.451, inclusive.  (Added to NRS by 2015, 2136)
NV Rev Stat § 408.441 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.441 - Discharge of pollutant upon highway or right-of-way prohibited in certain circumstances; abatement, removal or remediation required upon receipt of compliance order; remedies available to Department.

  1. No person shall discharge or cause a discharge upon a state highway, within a right-of-way or into, onto or by way of a conveyance system unless:  (a) The discharge is allowed by a valid National Pollutant Discharge Elimination System permit or a valid encroachment permit issued by the Director pursuant to NRS 408.423;  (b) The person ensures that the discharge is carried out in compliance with the terms of the applicable permit that allows the discharge, as described in paragraph (a); and  (c) The person ensures that the discharge is carried out in accordance with any applicable conditions, rules and regulations prescribed by the Director.  2. If a person violates the provisions of subsection 1, the person shall, upon receipt of an order for compliance issued pursuant to NRS 408.446, abate, remove or remediate the discharge in a timely manner.  3. If a person who violates the provisions of subsection 1 fails to abate, remove or remediate the discharge in a timely manner, the Director may abate, remove or remediate the discharge. The abatement, removal or remediation of a discharge pursuant to this subsection gives the Department a right of action to recover any of the following:  (a) Any expenses associated with the abatement, removal or remediation.   (b) Attorney’s fees, costs and expenses related to the abatement, removal or remediation.   (c) An administrative fee in an amount not to exceed $750 for each day of noncompliance with the provisions of subsection 1, commencing on the 6th day after the person who failed to abate, remove or remediate the discharge received an order for compliance pursuant to NRS 408.446.  (d) A civil penalty pursuant to NRS 408.449.  4. The remedies provided in subsection 3 are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to NRS 408.441 to 408.451, inclusive.  5. All money obtained in accordance with this section, including, without limitation, all fees and monetary penalties imposed pursuant to this section, must be deposited in the State Highway Fund.  6. To enforce the provisions of this section, the Director may cooperate and coordinate with the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Office of the Attorney General.  (Added to NRS by 2015, 2133)
NV Rev Stat § 408.442 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.442 - Entry and inspection of premises.

To enforce the provisions of NRS 408.441 or any rule, regulation, standard, permit or order of the Director related thereto, the Director or an authorized designee of the Director may, upon presenting proper credentials:  1. Enter upon any premises upon which any act in violation of NRS 408.441 takes place to inspect, investigate, collect data or otherwise document the violation;  2. At reasonable times, have access to and copy any records required to be maintained in association with any permit issued for the purposes of NRS 408.441 or with any abatement, removal or remediation of a discharge that violates the provisions of NRS 408.441;  3. Inspect any equipment or method for the monitoring or observation of a discharge; and  4. Have access to and sample any discharge onto the state highway or right-of-way which results directly or indirectly from activities of an owner or operator of a premises where the discharge originates.  (Added to NRS by 2015, 2134)
NV Rev Stat § 408.444 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.444 - Violations: Remedies; exception.

  1. Except as otherwise provided in NRS 408.451, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any rule, regulation, standard, permit or order issued by the Director for the purposes of NRS 408.441, the Director may:  (a) Issue an order for compliance pursuant to NRS 408.446;   (b) Commence a civil action pursuant to NRS 408.448 and 408.449; or  (c) Request that the Attorney General prosecute any person who violates any provision of NRS 408.441 to 408.451, inclusive.  2. The remedies provided in subsection 1 are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to NRS 408.441 to 408.451, inclusive.  (Added to NRS by 2015, 2134)
NV Rev Stat § 408.446 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.446 - Violations: Director authorized to issue order for compliance; exception.

  1. Except as otherwise provided in NRS 408.451, if the Director finds that any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any rule, regulation, standard, permit or order issued by the Director to enforce the provisions of NRS 408.441, the Director or an authorized designee of the Director may issue an order for compliance which:  (a) Specifies the provisions of NRS 408.441, or any rule, regulation, standard, permit or order issued by the Director, alleged to be violated or about to be violated;  (b) Indicates the facts alleged which constitute the alleged violation;  (c) Prescribes the necessary corrective action to be taken and a reasonable period for completion of that corrective action; and  (d) Except as otherwise provided in this paragraph, is served upon the person at his or her place of business or, if that place of business is unknown, served upon the person through the post office or at his or her last known address of record. Alternatively, the order for compliance may be served upon the person by sending a copy of the order to the electronic mail address of the person, if the electronic mail address of the person is known.  2. Any order for compliance issued pursuant to subsection 1 is final and is not subject to review unless the person against whom the order is issued, within 10 days after the date on which the order is served, requests by written petition a hearing before the Director or an authorized designee of the Director.  (Added to NRS by 2015, 2134)
NV Rev Stat § 408.448 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.448 - Violations: Injunctive relief; exception.

  1. Except as otherwise provided in NRS 408.451, the Director may seek injunctive relief in a court of competent jurisdiction to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 408.441, or any rule, regulation, standard, permit or order issued pursuant thereto.  2. On a showing by the Director or an authorized designee of the Director that a person is engaged or is about to engage in any act or practice which violates or will violate any rule, regulation, standard, permit or order issued for the purposes of NRS 408.441, the court may issue, without bond, any prohibitory or mandatory injunctions that the facts may warrant, including, without limitation, a temporary restraining order issued ex parte, or, after notice and an opportunity for a hearing, a preliminary injunction or permanent injunction.  3. Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction pursuant to subsection 2.  4. A court may require the posting of a sufficient performance bond or other security interest to ensure compliance with the court order within the period prescribed.  5. An injunction issued pursuant to this section does not abrogate and is in addition to any other remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to NRS 408.441 to 408.451, inclusive.  (Added to NRS by 2015, 2135)
NV Rev Stat § 408.449 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.449 - Violations: Civil penalty; exceptions.

Except as otherwise provided in NRS 408.441 to 408.451, inclusive, any person who violates or aids or abets in the violation of any provision of NRS 408.441, or of any rule, regulation, standard, permit or order issued pursuant thereto, shall pay a civil penalty of not more than $25,000 for each day of the violation. A civil penalty imposed pursuant to this section is cumulative and does not abrogate and is in addition to any other remedies and penalties that may exist at law or in equity, including, without limitation, pursuant to NRS 408.441 to 408.451, inclusive.  (Added to NRS by 2015, 2135)
NV Rev Stat § 408.451 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.451 - Director to conduct independent investigation before determining whether to take certain corrective actions; exception.

  1. Except as otherwise provided in subsection 2, before determining whether to issue an order for compliance, commence a civil action, request that the Attorney General commence a criminal action or seek injunctive relief pursuant to NRS 408.441 to 408.451, inclusive, the Director or the authorized designee of the Director shall, if practicable, conduct an independent investigation of the alleged act or practice for which the Director is making the determination.  2. The Director is not required to conduct an independent investigation pursuant to subsection 1 if:  (a) The determination of the Director to take any action specified in that subsection is based on information that is provided to the Director by a person authorized to act pursuant to a permit issued for the purposes of NRS 408.441 or by a person who has carried out a discharge that is unauthorized, unlawful or otherwise impermissible pursuant to that section; or  (b) The alleged act or practice creates an imminent and substantial danger to the public health or the environment.  (Added to NRS by 2015, 2135)
NV Rev Stat § 408.487 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.487 - Acquisition of property: Purposes.

  1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the Department may acquire, in the name of the State, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.  2. The property which may be acquired for those purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:  (a) For rights-of-way for both present and future needs for highways of all types, including highways constructed within towns and cities.  (b) For exchanging the property or interests therein for other property or interests therein required for highway purposes to avoid the payment of excessive compensation or damages.  (c) For sites on which to relocate structures which are within the right-of-way of a projected highway.  (d) For sites for storage, communications and maintenance and for administrative, recreational and historical purposes and necessary appurtenances in connection with those sites.  (e) For extraction of material, including rock quarries, gravel pits, sand or earth borrow pits, or other roadway material; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of the highways and their appurtenances.  (f) For the culture and support of trees and other flora which will benefit the highways in any way, including the increasing of the scenic beauty of the highways.  (g) For drainage in connection with any highway.  (h) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.  (i) For the placement of directional signs and other signs, construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.  (j) For constructing and maintaining highway cut and fill slopes.  (k) For public parks, playgrounds, recreational grounds and sites adjoining highway or freeway rights-of-way; acquisition of sites to replace housing; and acquisition and rehabilitation, relocation and construction of housing to replace other housing acquired.  (Added to NRS by 1957, 690; A 1963, 977; 1965, 1000; 1971, 186; 1985, 705)
NV Rev Stat § 408.489 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.489 - Acquisition of property: Manner; costs.

  1. The property and interests therein must be acquired by the Department in the name of and in behalf of the State, either by donation, dedication, agreement, exchange, lease, option, purchase or through the exercise of the power of eminent domain.  2. The Department may exercise the power of eminent domain to acquire a fee in any property in which it has already acquired a lesser estate or interest.  3. Proceedings in eminent domain for the acquisition of property or any interest therein for the highway purposes set forth in NRS 408.487 must be had pursuant to the provisions of chapter 37 of NRS, except as otherwise prescribed by this chapter.  4. The entire cost of acquiring the property and interests therein, except as otherwise provided in this chapter, must be paid out of the State Highway Fund.  5. Whenever a part of a parcel of real property, an interest therein or an improvement thereon is to be acquired under the provisions of this chapter and the remainder is proposed to be left in such irregular shape, uneconomical size, utility or condition as to be of little value or to give rise to claims or litigation concerning damages, the Department may acquire by the methods provided in subsection 1 the whole parcel and may:  (a) Dispose of the remainder pursuant to NRS 408.533;  (b) Exchange it for other property or interests therein required for highway purposes; or  (c) Use it for any purpose enumerated in subsection 2 of NRS 408.487.  (Added to NRS by 1985, 703)
NV Rev Stat § 408.493 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.493 - Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal.

  1. Whenever land is required for highway purposes, the Department shall survey and locate the right-of-way in a manner most compatible with the greatest public good and the least private injury. The Department’s employees, agents or representatives may, with the consent of the owner, enter upon the land and make examinations, surveys and maps thereof, including soil investigation and test borings and appraisal and valuation of the land and improvements thereon.  2. Whenever the owner or occupant of such land refuses or fails to permit entry thereon for such examination, survey, investigation or appraisal, the Department may petition the district court of the county in which such land is situated for an order permitting the Department to enter and undertake such examination, survey, investigation or appraisal, and the court, if it ascertains, by affidavit or otherwise, that the Department in good faith desires to enter the land for such purpose shall grant its order permitting such entry, conditioned upon the examination being made at reasonable times and in such manner as to cause the least inconvenience to the owner or occupant, and such entry shall not constitute any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to such land or improvements thereon.  (Added to NRS by 1965, 998)
NV Rev Stat § 408.497 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.497 - Construction, alteration or improvement of highway: Claim for damage to land or interests; proceeding in inverse condemnation.

  1. Any person asserting any claim for compensation or damage for injury to land or interests therein arising from the construction, alteration or improvement of any highway constructed, altered or improved under the provisions of this chapter shall first, as a condition precedent to the action authorized by subsection 2 and not later than 2 years after final acceptance of the contract by the Department as defined in NRS 408.387, file such claim with the Department, verified under oath and containing all particulars regarding such claim. Such claim must be promptly investigated by the Director, who shall recommend its disposition to the Board, and if such claim or any portion thereof is approved by the Board it must be paid upon obtaining a written release of the entire claim, out of the State Highway Fund. The claimant must be given written notice by registered mail of the Board’s decision.  2. Any claimant aggrieved by the Board’s decision on such claim may commence, in the district court for the county in which the land is situated, within 6 months after receipt of notice of the decision on such claim, a proceeding in inverse condemnation against the Department seeking just compensation for an alleged taking or damaging of private property for highway purposes, and if such proceeding is not so commenced within such time it is forever barred.  (Added to NRS by 1957, 691; A 1965, 1002; 1979, 1779; 1987, 1810; 1989, 1306)
NV Rev Stat § 408.503 (2021)
2021 Nevada Revised Statutes|Chapter 408 - Highways, Roads and Transportation Facilities|NRS 408.503 - Eminent domain: Resolution by Board; precedence over other legal actions.

  1. The Department shall not commence any legal action in eminent domain until the Board adopts a resolution declaring that the public interest and necessity require the acquisition, construction, reconstruction, improvement or completion by the State, acting through the Department, of the highway improvement for which the real property, interests therein or improvements thereon are required, and that the real property, interests therein or improvements thereon described in the resolution are necessary for such improvement.  2. The resolution of the Board is conclusive evidence:  (a) Of the public necessity of such proposed public improvement.  (b) That such real property, interests therein or improvements thereon are necessary therefor.  (c) That such proposed public improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.  3. All legal actions in all courts brought under the provisions of this chapter to enforce the right of eminent domain take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon must be quickly heard and determined.  (Added to NRS by 1957, 691; A 1960, 392; 1987, 1810; 1989, 1306)