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2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.100 - Notice and conduct of hearing by special master.

1. Immediately after appointment and taking of oath, the special master shall cause notice to be sent by registered or certified mail to all persons who have appeared in the proceedings or to their attorneys of record and to all others having any interest in or lien upon the property sought to be condemned, as shown by the record of the proper county office or offices for the recording of documents pertaining to such real property, and to all guardians ad litem appointed pursuant to the provisions of NRS 340.080, such notice to be addressed to such persons at their respective last known addresses.
2. The notice shall be substantially in the following form (with the blanks appropriately filled):
In The District Court For The County Of ................
To Whom It May Concern:
Notice is hereby given that ......................... (here insert name of petitioner) has filed a petition in the above court under the Public Works Eminent Domain Law to acquire by condemnation for ......................... (here give brief general description of the public works project for which the land is sought to be acquired), the following-described land: (Here describe the land sufficiently for the identification thereof. Such description may be by use of plat or map).
All persons having an interest in or lien upon the above-described property, for which compensation will be demanded, are hereby notified that all claims or demands for compensation by reason of the taking and condemnation of such property shall be filed in writing with the court before ......................... (here insert date at least 15 days after the date set for the court hearing in the notice specified in NRS 340.070), and shall be deemed waived unless so filed, and that on ......................... a hearing will be held by the special master at ......................... (insert time and place fixed by the court for such hearing in blanks) with respect to:
(a) The amount of compensation to be paid for the property sought to be condemned.
(b) The persons entitled to such compensation.
Dated the ........ day of ................ A.D.........
.......................................................................
Special master appointed by the court.
3. The special master shall also cause a copy of the notice to be posted in conspicuous places on the property sought to be condemned.
4. After such notice by mailing and posting, the special master, on the date for hearing specified in the notice, shall proceed immediately to hear and determine the question of just compensation for the taking and condemnation of the property and the persons entitled to such compensation. To this end, the special master may issue subpoenas, administer oaths to witnesses, and receive evidence and cause same to be recorded.
[10:135:1935; 1931 NCL § 6179.30]—(NRS A 1969, 95)
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.110 - Evidence admissible before special master.

1. For the purpose of determining the value of the land sought to be condemned and fixing just compensation therefor, the following evidence (in addition to other evidence which is relevant, material and competent) shall be relevant, material and competent, and shall be admitted and considered by the special master:
(a) Evidence that a building or improvement is unsafe or insanitary or a public nuisance, or is in a state of disrepair, and of the cost to correct any such condition, notwithstanding that no action has been taken by local authorities to remedy any such condition.
(b) Evidence that any state public body, charged with the duty of abating or requiring the correction of nuisances or like conditions or demolishing unsafe or insanitary structures, issued an order directing the abatement or correction of any conditions existing with respect to the building or improvement, or the demolition of the building or improvement, and of the cost which compliance with any such order would entail.
(c) Evidence of the last assessed valuation of the property for purposes of taxation, and of any affidavits or tax returns made by the owner in connection with such assessment which state the value of such property, and of any income tax returns of the owner showing sums deducted on account of obsolescence or depreciation of such property.
(d) Evidence that such buildings and improvements are being used for illegal purposes or are being so overcrowded as to be dangerous or injurious to the health, safety, morals or welfare of the occupants thereof, and the extent to which the rentals therefrom are enhanced by reason of such use.
(e) Evidence of the price and other terms upon any sale or the rent reserved and other terms of any lease or tenancy relating to such property or to any similar property in the vicinity when the sale or leasing occurred or the tenancy existed within a reasonable time of the hearing.
2. The award of compensation shall not be increased by reason of any increase in the value of the property resulting from the public works project to be placed thereon.
3. No allowance shall be made for improvements begun on property after the publication of the notice specified in NRS 340.070, except upon good cause being shown.
[11:135:1935; 1931 NCL § 6179.31]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.120 - Filing of report of special master.

The report of the special master must be filed with the clerk of the court in which the proceeding is pending within 30 days after the date of the taking of the oath, unless further time is granted by the court. The court shall grant additional time for the filing of the report only on a showing that the report cannot, with all due diligence, be prepared within the time fixed.
[12:135:1935; 1931 NCL § 6179.32]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.130 - Notice of report; filing of objections.

Upon the filing of such report by the special master, the court, without delay, shall fix a date for the hearing of any objections filed thereto. Notice that the report has been filed, that all objections thereto must be filed with the court within 10 days after the date of the mailing of such notice, and that the court has fixed a certain date (which shall be stated therein) for the hearing of such objections, shall be given by sending a copy of such notice by registered or certified mail to all persons who have appeared in the proceeding or their attorneys of record at their last known addresses. Upon the expiration of 10 days after the mailing of such notice, all objections to the report shall be deemed waived by all persons who have not filed written objections with the court.
[13:135:1935; 1931 NCL § 6179.33]—(NRS A 1969, 95)
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.140 - Hearing of objections to and action on report by court; appointment of another special master if report is rejected; final judgment; vesting of title; possession.

1. If no objections are filed to the special master’s report, the court (but only on motion of the petitioner unless title to the property has vested in the petitioner) shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled to such compensation.
2. If any objections are filed to the special master’s report, the court on the date specified in the order shall hear and determine such questions of law and fact as are raised by such exceptions and may approve, disapprove or modify the special master’s findings or may reject the special master’s report in toto.
3. If the special master’s report is rejected in toto, the court shall at once appoint another special master in the same manner that the first special master was appointed, and such special master shall have the same powers and duties as the special master first appointed, except that notice of the time for filing claims and of the hearing of the special master may be given by registered or certified mail to all persons who have appeared in the proceedings or their attorneys of record at their last known addresses, and no other notice shall be necessary.
4. If the court shall approve the special master’s report, with or without modifications, the court (but only on motion of the petitioner unless title to the property has previously vested in the petitioner) shall enter a final judgment, fixing the compensation to be paid for such property and the persons entitled to such compensation.
5. If title to the property has not previously been vested in the petitioner, the title and right to possession of the property shall vest in the petitioner immediately upon the entry of such final judgment and upon the deposit in court by the petitioner of the amount of the judgment fixed by the court as the compensation for such property. Upon the entry of such judgment and the vesting of title aforesaid, the court shall designate the day (not exceeding 30 days thereafter, except upon good cause shown) on which the parties in possession of the property shall be required to surrender possession to the petitioner.
[14:135:1935; 1931 NCL § 6179.34]—(NRS A 1969, 95)
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.150 - Certified copy of judgment.

Upon the rendition of the final judgment vesting title in the petitioner, the clerk of the court shall make and certify, under the seal of the court, a copy or copies of such judgment, which shall be filed or recorded in the proper county office or offices for the recording of documents pertaining to the real property described therein, and such filing or recording shall constitute notice to all persons of the contents thereof.
[15:135:1935; 1931 NCL § 6179.35]—(NRS A 1971, 806)
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.160 - Declaration of taking: Filing by petitioner; sufficiency; effect; duties of court.

1. At any time at or after the filing of the petition referred to in NRS 340.050, and before the entry of final judgment, the petitioner may file with the clerk of the court a declaration of taking, signed by the authorized officer or agent of the petitioner, declaring that all or any part of the property described in the petition is to be taken for the use of the petitioner.
2. The declaration of taking is sufficient if it sets forth:
(a) A description sufficient to identify the property. The description may include a plat or map of the property.
(b) A statement of the estate or interest in the property being taken.
(c) A statement of the sum of money estimated by the petitioner to be just compensation for the property taken.
3. Upon the filing of the declaration of taking and the deposit in court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in the declaration, title to the property specified in the declaration vests in the petitioner, the property shall be deemed to be condemned and taken for the use of the petitioner and the right to just compensation for the taking of that property vests in the persons entitled thereto. Upon the filing of the declaration of taking, the court shall designate a day, not exceeding 30 days after the filing, except upon good cause shown, on which the parties in possession are required to surrender possession to the petitioner. If the petitioner is an authorized corporation, the court, before directing surrender of possession to the petitioner, shall require such security to be given, in addition to the amount deposited in court, as will reasonably assure the payment of any amount ultimately determined as the compensation to be paid.
4. The ultimate amount of compensation must be fixed pursuant to the provisions of this chapter. If the amount so fixed exceeds the amount so deposited in court by the petitioner, the court shall enter judgment against the petitioner in the amount of the deficiency, together with interest at the rate of 6 percent per annum on the deficiency from the date of the vesting of title to the date of the entry of the final judgment, subject to abatement for use, income, rents or profits derived from that property by the owner thereof subsequent to the vesting of title in the petitioner, and the court shall order the petitioner to deposit the amount of the deficiency in court.
[16:135:1935; 1931 NCL § 6179.36]—(NRS A 1973, 153; 1989, 632)
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.170 - Right to withdraw or dismiss petition.

At any time before the vesting of title to the property in the petitioner, the petitioner may withdraw or dismiss its petition with respect to any or all of the property therein described.
[17:135:1935; 1931 NCL § 6179.37]—(NRS A 1973, 154; 1989, 633)
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.180 - Divesting title of owner.

Upon vesting of title to any property in the petitioner, all the right, title and interest of all persons having any interest therein or lien thereupon shall be divested immediately, and such persons thereafter shall be entitled only to receive compensation for such property.
[18:135:1935; 1931 NCL § 6179.38]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.190 - Payment of award or deposit into court; disbursement.

1. The payment into court by the petitioner of the amount of any award or the deposit in court of the amount estimated by the petitioner to be the just compensation for the property taken or condemned, shall be deemed to be a payment or deposit of money for the use of the persons entitled thereto.
2. Such payment or deposit shall constitute a payment to the persons entitled thereto to the extent of the moneys so paid or deposited into court.
3. Any such payment shall be as valid and effectual in all respects as if it were made by the petitioner directly to the person entitled thereto or, in the case of a person under legal disability, to the person’s guardian, whether or not:
(a) Such person or his or her whereabouts is known or unknown;
(b) Such person is under a legal disability; or
(c) There are adverse or conflicting claims to such awards.
4. The money paid into court shall be secured in such manner as may be directed by the court, and shall be paid out by the special master to the persons found to be entitled thereto by the final judgment of the court.
[19:135:1935; 1931 NCL § 6179.39]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.200 - Recovery of award paid to unentitled person.

If an award shall be paid to a person not entitled thereto, the sole recourse of the person to whom it should have been paid shall be against the person to whom it shall have been paid. In such event the person entitled to the award may sue for and recover the same, with lawful interest and costs of suit, as such money had and received to his or her use by the person to whom the same shall have been paid.
[20:135:1935; 1931 NCL § 6179.40]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.210 - Appeal.

1. Any time within 30 days from the filing of any interlocutory or final order or judgment by the court, any person or persons of record in the proceedings, who shall have filed exceptions at any stage of the proceedings within the time and in the manner specified, may appeal therefrom, but only with respect to those questions or issues which were raised by such exceptions.
2. The taking of an appeal shall not operate to stay the proceedings under this chapter except when the person or persons appealing shall have obtained a stay of the execution of the judgment or order appealed from, in which event the proceedings shall be stayed only with respect to the person or persons appealing and their respective interests in the proceedings. Upon the taking of an appeal the proceedings shall be deemed severed as to the person or persons appealing and their respective interests in the proceeding.
3. Any interlocutory or final order or judgment shall be final and conclusive upon all persons affected thereby who have not appealed within the time herein prescribed.
4. Any petitioner, other than an authorized corporation, may appeal without giving bond; but any other person or persons appealing shall give bond, with good and sufficient surety, to be approved by the court, conditioned to pay all costs taxed against appellant on such appeal.
[21:135:1935; 1931 NCL § 6179.41]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.220 - Costs.

If the petitioner, prior to the making of the award, shall have tendered to an interested person for his or her property or deposited in court for such property an amount which such interested person refused to accept or agree to as just compensation, all costs shall be assessed against such person in the event that the aforesaid amount tendered or deposited is equal to or in excess of the award fixed or confirmed by the court with respect to such parcel.
[22:135:1935; 1931 NCL § 6179.42]
2023 Nevada Revised Statutes › Chapter 340 - Eminent Domain: Expeditious Procedure › NRS 340.230 - Powers supplemental.

1. The powers conferred by this chapter shall be in addition and supplemental to and not in substitution for the power conferred by any other law. The power of eminent domain may be exercised hereunder notwithstanding that any other law may provide for the exercise of the power for like purposes and without regard to the requirements, restrictions or procedural provisions contained in any other law.
2. Procedure hereunder, which is not prescribed herein, shall be that which is otherwise prescribed by the law of the state.
[23:135:1935; 1931 NCL § 6179.43]
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 341.011 to 341.0145, inclusive, have the meanings ascribed to them in those sections.
[Part 1:102:1937; A 1953, 11]—(NRS A 1973, 904; 2003, 2483; 2011, 2965)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.017 - Creation; composition; administration of provisions.

1. There is hereby created the State Public Works Division of the Department of Administration.
2. The Division consists of:
(a) The Administrator;
(b) The Buildings and Grounds Section;
(c) The Public Works - Compliance and Code Enforcement Section;
(d) The Public Works - Professional Services Section; and
(e) The State Public Works Board.
3. The Division shall, subject to the administrative supervision of the Director of the Department, administer the provisions of this chapter and NRS 331.010 to 331.145, inclusive.
(Added to NRS by 2011, 2965; A 2013, 392)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.019 - Inapplicability of chapter to Legislative Branch; use of certain services.

The provisions of this chapter do not apply to the Legislative Branch of State Government. The Legislature may require the Division to provide the services described in NRS 341.1405 to 341.155, inclusive, for particular projects for the Legislative Branch of State Government.
(Added to NRS by 1989, 282; A 2007, 3307)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.020 - Creation; members; vacancies.

1. The State Public Works Board is hereby created.
2. The Board consists of the Director of the Department and six members appointed as follows:
(a) The Governor shall appoint:
(1) One member who has education or experience, or both, regarding the principles of engineering or architecture;
(2) One member who is licensed to practice law in this State and who has experience in the practice of construction law; and
(3) Two members who are or have been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.
(b) The Majority Leader of the Senate shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.
(c) The Speaker of the Assembly shall appoint one member who is or has been licensed in this State as a general building contractor or general engineering contractor pursuant to chapter 624 of NRS.
3. Each member of the Board who is appointed serves at the pleasure of the appointing authority.
4. A vacancy on the Board in an appointed position must be filled by the appointing authority in the same manner as the original appointment.
[Part 1:102:1937; A 1953, 11]—(NRS A 1959, 92; 1973, 904; 1983, 1959; 1987, 1485; 1993, 1567; 2001, 1916; 2007, 3267; 2011, 2965; 2017, 1401)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.041 - Replacement of appointed member for failure to attend meetings.

1. If an appointed member of the Board fails to attend three successive meetings of the Board, the Board shall provide notice of that fact, in writing, to the appointing authority who appointed that member.
2. The notice must be provided to the appointing authority within 5 days after the third successive meeting that the member fails to attend.
3. Upon receipt of the notice, the appointing authority may appoint a person to replace the member in the same manner as filling a vacancy on the Board.
(Added to NRS by 2001, 1915; A 2007, 3267; 2013, 3826)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.050 - Compensation of members; allowances and expenses of members and employees.

1. Each appointed member of the Board is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while engaged in the business of the Board.
2. Except as otherwise provided in this subsection, while engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and travel expenses must be paid from money appropriated for the use of the Board, to the extent such money is available.
[3:102:1937; 1931 NCL § 6975.03]—(NRS A 1977, 140; 1981, 1980; 1989, 1712; 2007, 3268; 2013, 3826)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.060 - Organization; election of officers.

Within a reasonable time after the appointment of the members of the Board, the Board shall meet upon the call of the Governor and shall organize and elect a Chair and Vice Chair from among the members appointed pursuant to NRS 341.020.
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 1983, 1960; 1995, 1086; 2001, 1916)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.070 - Conduct of business: Rules; frequency of meetings; purposes.

The Board shall:
1. Adopt such rules for the regulation of its proceedings and the transaction of its business as it deems proper.
2. Meet as necessary to conduct the business of the Board for the following purposes:
(a) Submitting reports and making recommendations as required pursuant to NRS 341.083;
(b) Adopting regulations; and
(c) Presiding over appeals taken on the following matters:
(1) The qualification of contractors; and
(2) Disputes regarding contracts.
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 2001, 1916; 2011, 2965)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.083 - Reports and recommendations: Priority of construction; projects for capital improvements; consideration of long-term plan addressing future need for suitable office spaces.

1. The Board shall submit reports and make recommendations relative to its findings to the Governor and to the Legislature. The Board shall particularly recommend to the Governor and to the Legislature the priority of construction of any buildings or other construction work now authorized or that may hereafter be authorized or proposed.
2. The Board shall submit before October 1 of each even-numbered year its recommendations for projects for capital improvements in the next biennium. The recommendations must, to the extent practicable, provide that each project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium.
3. In making any recommendation required pursuant to this section, the Board must consider, without limitation, the long-term plan implemented and maintained pursuant to subsection 1 of NRS 341.127 that addresses the future need for suitable office spaces for the departments and agencies of this State.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS A 1987, 1486; 2007, 3273; 2023, 283)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.085 - Regulations.

The Board shall:
1. Consider the recommendations of the Administrator when adopting regulations; and
2. Adopt such regulations as it determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works - Compliance and Code Enforcement Section or the Public Works - Professional Services Section.
(Added to NRS by 2013, 395)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.087 - Adoption of certain seismic provisions and standards.

For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:
1. The seismic provisions of the
International Building Code
published by the International Code Council; and
2. Standards for the investigation of hazards relating to seismic activity, including, without limitation, potential surface ruptures and liquefaction.
(Added to NRS by 2003, 1895)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.091 - Adoption of standards and performance guidelines relating to efficient use of water and energy.

1. For the purposes of the design and construction of buildings or other projects of this State, the Board shall adopt by regulation:
(a) Standards for the efficient use of water.
(b) Standards for the efficient use of energy, including, without limitation, the use of sources of renewable energy.
(c) Performance guidelines for new, remodeled and renovated buildings.
(d) Performance guidelines for retrofit projects, including, without limitation, guidelines for:
(1) Energy consumption.
(2) The use of potable water.
(3) The use of water for purposes relating to landscaping.
(4) The disposal of solid waste.
2. The standards and performance guidelines adopted in accordance with subsection 1 must include a mechanism for their evaluation and revision to ensure that such standards and guidelines:
(a) Are cost-effective over the life of the applicable project.
(b) Produce certain threshold levels of cost savings.
3. In adopting the standards and performance guidelines pursuant to subsection 1, the Board may consider, without limitation:
(a) The Leadership in Energy and Environmental Design Green Building Rating System established by the U.S. Green Building Council or its successor;
(b) The Green Globes assessment and rating system developed by the Green Building Initiative or its successor;
(c) The standards established by the United States Environmental Protection Agency pursuant to the Energy Star Program;
(d) The standards established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor;
(e) The criteria established pursuant to the Federal Energy Management Program established by the United States Department of Energy; and
(f) The criteria established by the
International Energy Conservation Code
.
4. The regulations adopted pursuant to this section must include provisions for their enforcement.
5. As used in this section:
(a) "Biomass" means any organic matter that is available on a renewable basis, including, without limitation:
(1) Agricultural crops and agricultural wastes and residues;
(2) Wood and wood wastes and residues;
(3) Animal wastes;
(4) Municipal wastes; and
(5) Aquatic plants.
(b) "Renewable energy" means:
(1) Biomass;
(2) Solar energy; or
(3) Wind.
The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.
(Added to NRS by 2009, 2755; A 2011, 118)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.105 - Authority of Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or designee to issue order to compel cessation of work; penalties; contest; enforcement.

1. When acting in the capacity of building official pursuant to subsection 9 of NRS 341.100, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or his or her designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.
2. If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.
3. Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150. Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.
4. In addition to the criminal penalty set forth in subsection 3, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.
5. If a person wishes to contest an order issued to the person pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.
6. If a person refuses to comply with an order issued pursuant to subsection 1, the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney’s fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.
7. No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division, Director of the Department, Administrator, Board or the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section or any officers, employees or agents of the Division in carrying out the provisions of this section.
8. As used in this section, "person" includes a government and a governmental subdivision, agency or instrumentality.
(Added to NRS by 2003, 2482; A 2007, 3269; 2011, 2967; 2013, 394)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.110 - General powers and duties of Administrator; regulations.

1. In general, the Administrator shall have such powers as may be necessary to enable him or her to fulfill his or her functions and to carry out the purposes of this chapter.
2. The Administrator shall:
(a) Adopt such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Buildings and Grounds Section; and
(b) Recommend to the Board the adoption of such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works - Compliance and Code Enforcement Section or the Public Works - Professional Services Section.
[Part 6:102:1937; 1931 NCL § 6975.06]—(NRS A 2011, 2968; 2013, 395)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.119 - Delegation by Administrator of certain authority of Division to state agency.

1. Except as otherwise provided in this subsection, upon the request of the head of a state agency, the Administrator may delegate to that agency any of the authority granted the Division pursuant to NRS 341.141 to 341.148, inclusive. The Administrator shall not delegate the powers described in subsection 2 of NRS 341.145.
2. This section does not limit any of the authority of the Legislature when the Legislature is in regular or special session or the Interim Finance Committee when the Legislature is not in regular or special session to consult with the Division concerning a construction project or to approve the advance planning of a project.
(Added to NRS by 1987, 926; A 2009, 2756; 2011, 2968)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.121 - Usage of grants.

The Division may, with the approval of the Interim Finance Committee when the Legislature is not in regular or special session, or with the approval of the Legislature, by concurrent resolution, when the Legislature is in regular or special session, use grants of money received under authority of this chapter, unless otherwise limited by the conditions of any such grant, for:
1. The design and construction of public buildings or projects for which no appropriation has been made by the Legislature, or the acquisition of real property for such buildings or projects, or both.
2. Additional acquisition, design and construction costs on public buildings or projects, through appropriate contract procedures, for which the original legislative appropriation made no provision.
(Added to NRS by 1971, 774; A 1977, 162)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.125 - Contracts with United States; receipt and expenditure of federal grants, loans and money authorized.

The Division is authorized to contract in the name of the State of Nevada with the United States or any of its agencies or instrumentalities, and to receive and expend by grant, loan or otherwise funds which may be made available by the United States or any of its agencies or instrumentalities.
(Added to NRS by 1961, 729)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.126 - Authorized expenditures.

1. Except as otherwise provided in subsections 2 and 3, the Division may make expenditures necessary to carry into effect the purposes of its acts.
2. All expenditures made by the Division must be within the limits of the appropriation provided for the use of the Division, or provided from money appropriated or authorized for expenditure by the Legislature for construction work or major repairs.
3. The Division may, with the prior approval of the Interim Finance Committee, expend money obtained from any source for advance planning of projects of capital improvement. For the purposes of this subsection, "advance planning" means the preparation of floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project.
[Part 4:102:1937; A 1947, 283; 1943 NCL § 6975.04]—(NRS A 1981, 1201; 2007, 3268)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.1265 - Temporary transfer of money from State General Fund to state building construction project accounts for projects financed with federal money authorized.

Whenever properly approved claims payable out of a particular state building construction project account exceed the amount that is available in such project account, if the project is one which is financed in part by funds that are made available to the Division by the United States or any of its agencies or instrumentalities, the State Controller may transfer temporarily from the General Fund to such project account such amount as may be required to pay such claims, but not more than 50 percent of the funds collectible from the United States for the particular project.
(Added to NRS by 1969, 60)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.127 - Duty of Division and state agencies to cooperate biennially in planning efforts including long-term plan addressing future need for suitable office spaces; duty of Division to cooperate with local planning commissions concerning planning and with Nevada Arts Council concerning works of art.

The Division shall:
1. Biennially cooperate with other departments and agencies of the State, and other departments and agencies of this State shall biennially cooperate with the Division, in planning efforts, including, without limitation, implementing and maintaining a long-term plan that addresses the future need for suitable office spaces for the departments and agencies of this State.
2. Advise and cooperate with municipal, county and other local planning commissions within the State to promote coordination between the State and the local plans and developments.
3. Cooperate with the Nevada Arts Council of the Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS A 1995, 420; 1997, 3157; 2003, 638; 2011, 2972; 2023, 284)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.128 - Duty to periodically inspect state-owned buildings and physical plant facilities of state-owned institutions; exception; reports.

1. The Division shall periodically inspect all buildings owned by the State and all physical plant facilities at all institutions owned by the State, except any building or physical plant facility owned by any component of the Nevada System of Higher Education.
2. Reports of all inspections, including findings and recommendations, must be submitted to the appropriate state agencies and, if the Division finds any matter of serious concern in a report, it shall submit that report to the Legislative Commission.
(Added to NRS by 1963, 1391; A 1969, 1431; 1979, 712; 2017, 117)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.130 - Authority to participate in interstate, regional and national projects and to confer and cooperate with federal officials and entities of neighboring states.

The Division is authorized:
1. To participate in interstate, regional and national planning projects for the purpose of conserving and promoting public health and the safety, convenience and general welfare of the people.
2. Through its Board or its staff, to confer and cooperate with federal officials and with the executive, legislative or planning authorities of neighboring states and of the counties and municipalities of such states.
[Part 6:102:1937; 1931 NCL § 6975.06]
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.140 - Authority to publicize and educate concerning problems of state planning.

The Division is authorized to use all reasonable means to promote public interest in the problems of state planning, and to that end may publish and distribute copies of its reports and may employ other lawful means of publicity and education.
[Part 6:102:1937; 1931 NCL § 6975.06]
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.1405 - Legislative findings and declaration.

1. The Legislature hereby finds as facts:
(a) That the planning, maintenance and construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.
(b) That this planning, maintenance and construction involves the expenditure of large amounts of public money which, whatever their particular constitutional, statutory or governmental source, involve a public trust.
(c) That the application by state agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.
2. The Legislature therefore declares it to be the policy of this State that all planning, maintenance and construction of buildings upon property of the State or held in trust for any division of the State Government be supervised by, and final authority for its completion and acceptance vested in, the Division as provided in NRS 341.141 to 341.148, inclusive.
(Added to NRS by 1965, 682; A 1973, 905; 1985, 60; 2003, 2485; 2009, 2756; 2011, 2970)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.1407 - Applicability of provisions to construction of buildings for Nevada System of Higher Education.

1. Except as otherwise provided in subsection 2, the provisions of NRS 341.141 to 341.148, inclusive, apply to a contract for the construction of a building for the Nevada System of Higher Education only if 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.
2. The provisions of subsection 2 of NRS 341.145 apply to the construction of any building for the Nevada System of Higher Education.
(Added to NRS by 2015, 2378; A 2017, 200)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.141 - Engineering and architectural services to be furnished by Division for buildings constructed on state property or with legislative appropriation; exceptions.

1. The Division shall furnish engineering and architectural services to the Nevada System of Higher Education and all other state departments, boards or commissions charged with the construction of any building constructed on state property or for which the money is appropriated by the Legislature, except:
(a) Buildings used in maintaining highways;
(b) Improvements, other than nonresidential buildings with more than 1,000 square feet in floor area, made:
(1) In state parks by the State Department of Conservation and Natural Resources; or
(2) By the Department of Wildlife;
(c) Buildings of the Nevada System of Higher Education:
(1) That are exempted pursuant to subsection 1 of NRS 341.1407; or
(2) To which subsection 1 of NRS 341.1407 applies if the Administrator has delegated his or her authority in accordance with NRS 341.119; and
(d) Buildings on property controlled by other state agencies if the Administrator has delegated his or her authority in accordance with NRS 341.119.
The Board of Regents of the University of Nevada and all other state departments, boards or commissions shall use those services.
2. The services must consist of:
(a) Preliminary planning;
(b) Designing;
(c) Estimating of costs; and
(d) Preparation of detailed plans and specifications.
[Part 5:102:1937; A 1945, 245; 1947, 283; 1943 NCL § 6975.05]—(NRS A 1961, 713; 1965, 682; 1969, 114; 1971, 841; 1973, 904; 1977, 7; 1981, 57, 1201; 1983, 1960; 1985, 59; 1987, 926; 1993, 393, 520; 1995, 529; 2003, 605; 2015, 2380)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.142 - Advance planning of project.

The Division may, with the prior approval of the Interim Finance Committee, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The Division may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the Division considers it desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the Legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the Legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the Legislature.
(Added to NRS by 1985, 57; A 2007, 3270)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.1455 - Issuance of permits to private persons by Deputy Administrator of the Public Works - Compliance and Code Enforcement Section.

The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section, when acting as building official pursuant to subsection 9 of NRS 341.100, may issue to a person any permit required pursuant to a building code adopted by the Board for the planning, maintenance and construction of buildings and structures on property of the State or held in trust for any division of the State Government.
(Added to NRS by 2017, 200)
2023 Nevada Revised Statutes › Chapter 341 - State Public Works Division › NRS 341.146 - Funds for projects of capital construction: Establishment and use; accrual of interest on and return of remaining money that has not been appropriated by Legislature for project; priority of expenditure of money from more than one source.

1. The Division shall establish funds for projects of capital construction necessary to account for the program of capital construction approved by the Legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the Division.
2. If a state department, board, commission or agency provides to the Division money that has not been appropriated by the Legislature for a capital improvement project, any interest earned on that money accrues to the benefit of the project. Upon a determination by the Administrator that the project is completed, the Division shall return any principal and interest remaining on that money to the department, board, commission or agency that had provided the money to the Division.
3. Except as otherwise provided in subsection 4, if the money actually received by the Division for a capital improvement project includes money from more than one source, the money must be expended in the following order:
(a) Money received for the project from the Federal Government;
(b) Money generated by the state department, board, commission or agency for whom the project is being performed;
(c) Money that was approved for the same or a different project during a previous biennium that has been reallocated during the current biennium for the project;
(d) Except as otherwise provided in paragraphs (e), (f) and (g), money received for the project from any other source;
(e) Money from the issuance of general obligation bonds;
(f) Money from the State Highway Fund; and
(g) Money from the State General Fund.
4. The provisions of subsection 3 do not apply if the receipt of any money from the Federal Government for the project is conditioned upon a different order of expenditure.
(Added to NRS by 1985, 58; A 2003, 2485; 2007, 3272; 2011, 2970)