reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3887 - Employment of architect or engineer as consultant during construction.

The Department may employ a registered architect or licensed professional engineer as a consultant to assist the Department in overseeing the construction of a project. An architect or engineer so employed shall not:
1. Construct, reconstruct or improve the highway; or
2. Assume overall responsibility for ensuring that the construction of the project is completed in a satisfactory manner.
(Added to NRS by 1999, 3487; A 2001, 2022; 2003, 119)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.3888 - Certain submittals confidential until notice of intent to award contract is issued.

1. Any document or other information submitted to the Department in response to a design-build project initiated pursuant to NRS 408.3881 by a person who is a member of a design-build team seeking a design-build contract pursuant to NRS 408.3875 to 408.3888, inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.
2. As used in this section, the term "document or other information" means any submittal by a person who is a member of a design-build team to the Department in response to a design-build project initiated pursuant to NRS 408.3881 and includes, without limitation, a preliminary proposal made pursuant to NRS 408.3883, a statement that the person satisfies the requirements of NRS 408.3884 and a final proposal submitted pursuant to NRS 408.3886.
(Added to NRS by 2015, 452)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.389 - Approval of Board of Directors required for purchase of certain equipment; analysis of costs and benefits of purchase and alternatives.

1. Except as otherwise provided in subsection 2, the Department shall not purchase any equipment which exceeds $50,000, unless the purchase is first approved by the Board.
2. Before the Board may approve the purchase of any mobile equipment which exceeds $50,000, the Department shall:
(a) Prepare and present to the Board an analysis of the costs and benefits, including, without limitation, all related personnel costs, that are associated with:
(1) Purchasing, operating and maintaining the same item of equipment;
(2) Leasing, operating and maintaining the same item of mobile equipment; or
(3) Contracting for the performance of the work which would have been performed using the mobile equipment; and
(b) Justify the need for the purchase based on that analysis.
3. The Board shall not:
(a) Delegate to the Director its authority to approve purchases of equipment pursuant to subsection 1; or
(b) Approve any purchase of mobile equipment which exceeds $50,000 and for which the Department is unable to provide justification pursuant to subsection 2.
(Added to NRS by 1991, 1904; A 1993, 1366; 2011, 1628; 2017, 4139; 2021, 3816; 2023, 2827)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.393 - Enforcement of laws concerning labor; charges for transportation and meals; penalty; exception.

1. The Department shall:
(a) Cooperate with the Labor Commissioner in the enforcement of the state labor laws insofar as the labor laws relate to labor performed in construction, maintenance and repair of highways under the jurisdiction of the Department.
(b) Require that any work done, either by contract or day’s pay, must be paid for at the legal wage as fixed by law.
2. A contractor shall not charge persons seeking employment for transportation or fares in case of their being refused employment or in case of being discharged from employment, such transportation or fares applying to their return to the nearest city or town.
3. A contractor for any improvements on highways furnishing board for his or her employees shall not charge more than $3.50 per day for three substantial meals.
4. If any contractor violates any of the provisions of this section three times in any 1 year, the Department shall refuse the contractor the right to bid on any contract for 1 year, or participate in any contract as subcontractor or in any manner whatever during the period.
5. The Department and the Labor Commissioner shall enforce the provisions of this section.
6. This section does not apply to work done directly by any public utility pursuant to an order of the Department or other public authority, whether or not done under public supervision or direction, or paid for wholly or in part out of public money.
(Added to NRS by 1957, 687; A 1987, 1808)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.397 - Procedure for diversion or change of route of highway.

Whenever in the construction, reconstruction, maintenance or repair of any highway it appears to the Director that any portion of the highway is dangerous or inconvenient to the traveling public in its existing location by reason of grades, dangerous turns or other local conditions, or that the expense in the constructing, building, rebuilding, maintaining or repairing of the highway would be unreasonably great and could be materially reduced or lessened by change of route, the Director may divert or change the route, but:
1. The highway must not be changed or diverted to exclude any city or town unless the consent of the governing body of that city or town has been obtained; and
2. The Director shall submit a plan of the proposed change to the Board which must be approved by the Board before action is taken to effect the change.
(Added to NRS by 1957, 688; A 1977, 225; 1979, 1776; 1987, 1808; 1989, 1305)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.403 - Freeways.

1. Upon a resolution of the Board, the Department under the provisions of this chapter may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, regulate, vacate or abandon freeways, with the approval of the board of county commissioners of the county in which the freeways are proposed and with the approval of the city council of any incorporated city directly affected thereby.
2. The Department has all such additional and necessary authority relative to freeways as it possesses relative to other highways, including the authority to acquire by gift, purchase, condemnation or otherwise any real property or interests therein, including abutter’s rights or access rights required for a freeway.
3. Where an existing highway, in whole or in part, has been designated as, or included within, a freeway, existing abutter’s rights of light, view and air, and easements of access to and from abutting land may be extinguished by gift, purchase, condemnation or otherwise.
4. As a necessary adjunct of any freeway, the Department may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, vacate or abandon frontage roads to provide service and access from areas adjacent to such freeway.
(Added to NRS by 1957, 688; A 1987, 1808; 1989, 1305)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.407 - Reimbursement of utility by State for relocation of facility located on or near certain highways.

1. For the purposes of this section:
(a) "Cost of relocation" means the entire amount paid by a utility properly attributable to the relocation of its facilities, including removal, reconstruction and replacement after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility, and includes the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.
(b) "Utility" means any privately, publicly or cooperatively owned systems for supplying telephone, electric power and light, gas, water, sewer and like service to the public or a segment of the public.
2. Whenever the Director, after consulting with the utility concerned, determines that any utility facility which now is, or hereafter may be, located in, over, along or under any highway in the federal-aid primary or secondary systems or in the interstate system, including extensions thereof within urban areas, as such systems are defined in the Federal-Aid Highway Acts and are accepted by and assented to by the State of Nevada, should be relocated, the utility owning or operating such utility facility shall relocate the same in accordance with the order of the Director. The cost of any such relocation shall be ascertained and paid by the State as part of the cost of such federally aided project, provided the proportionate part of such cost is reimbursable from federal funds under a Federal-Aid Highway Act or any other Act of Congress under which the State is entitled to reimbursement for all or part of such cost.
3. This section does not apply where a payment of relocation or removal costs by the State would be inconsistent with the terms of a permit issued by the Director pursuant to NRS 408.423.
(Added to NRS by 1963, 267; A 1979, 1776; 2013, 1959)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.413 - Improvement of state highway Route No. 81.

The Department may pave and improve state highway Route No. 81, beginning on Route No. 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise Valley, a distance of approximately 56 miles. The board of county commissioners, the Department and the Federal Highway Administration shall take such action as may be necessary to permit the use of the force account method of using federal aid highway funds by using county forces and county equipment to fulfill the requirement of matching such federal aid highway funds as may be available.
(Added to NRS by 1957, 688; A 1987, 717)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.417 - Guideposts, signs and markers: Erection; metric units; penalty for destruction; liability for costs of repair and replacement.

1. As a part of every plan and of all specifications and contracts for the construction of highways, provisions must be made for the erection of permanent guideposts and signboards at every point where another road crosses or diverges from such highways and at all places requiring warning to the traveling public as to the condition of the road, such as dangerous turns and steep grades. Such guideposts and signboards must contain plain and accurate information as to the distances of towns and other points such as is usually contained on signboards for the information of the traveling public.
2. The Department shall:
(a) Cause to be put up, and to be kept up thereafter, on and along the highways, all such usual and necessary road markers and highway signs adopted by the American Association of State Highway and Transportation Officials.
(b) Cause to be put up, and to be kept up thereafter, informative signs, distinctive in color and design, pointing out, calling attention to and descriptive of nearby points, location of and distance to water, and objects of natural, scenic, geographical, geological, paleographical and historical interest to the traveler within or passing through the State.
(c) Cause to be put up, and to be kept up thereafter, informative signs which indicate scenic routes.
3. Every guidepost, signboard, road marker, highway sign, informative sign and descriptive sign put up by the Department pursuant to this section must contain measurements based on metric units if:
(a) The Federal Highway Administration of the United States Department of Transportation issues specifications for utilizing measurements based on metric units; and
(b) Money is made available for this purpose by the Federal Government.
4. Any person who willfully tears down, digs up, or in any manner defaces, destroys or carries away any such guideboards, road markers, highway signs or descriptive signs as provided in this section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the markers or signs destroyed, damaged, removed or defaced and in no event less than a misdemeanor. The Department has a cause of action against such a person in a court of competent jurisdiction for the amount expended for repairs and replacement of such signs and markers, together with the cost and expenses incurred in the action.
(Added to NRS by 1957, 689; A 1967, 573; 1977, 409; 1983, 533)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.423 - Permit required to excavate state highway; exception; fee.

1. No state highway or right-of-way may be disturbed, dug up, crossed, encroached upon, discharged upon or otherwise used for the laying or re-laying of pipelines, ditches, flumes, sewers, poles, wires, approach roads, driveways, railways or for any other purpose, without the written permit of the Director, and then only in accordance with the conditions and regulations prescribed by the Director. All such work must be done under the supervision and to the satisfaction of the Director. All costs of replacing the highway in as good condition as previous to its being disturbed must be paid by the persons to whom or on whose behalf such permit was given or by the person by whom the work was done.
2. In case of immediate necessity therefor, a city or town may dig up a state highway without a permit from the Director, but in such cases the Director must be first notified and the highway must be replaced forthwith in as good condition as before at the expense of such city or town.
3. The Department shall charge each applicant a reasonable fee for all administrative costs incurred by the Department in acting upon an application for a permit, including costs for the preparation and inspection of a proposed encroachment.
(Added to NRS by 1957, 689; A 1979, 1777; 1981, 707; 2015, 2139)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.427 - Unauthorized crossing, removal or destruction of control-of-access fence or barrier on highway: Injunction; recovery of expenses of restoration.

Whenever any person cuts, removes, destroys, crosses or otherwise penetrates a control-of-access fence or barrier maintained by the Department on an interstate or other highway, to which the State has acquired the abutters’ easements of access to and from the abutting land, the Department may petition the district court of the county where such highway is located for an order permanently enjoining such person from further penetration of the control of access, and if the court finds, upon taking proof by affidavit or otherwise, that the State has acquired the abutters’ rights of access, it shall enjoin such person from further violation of such control-of-access fence or barrier and shall provide in its order that the Department may recover from such person a sum treble the actual expense incurred by the Department in restoring the control-of-access fence or barrier.
(Added to NRS by 1969, 461)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.433 - Roadside parks and rest areas: Unlawful acts; penalties.

1. Except as otherwise provided in NRS 408.553, it is unlawful for any person, firm, corporation, association or other entity, other than a public utility, to:
(a) Sell, exhibit or offer for sale any goods, wares, products, merchandise or services; or
(b) Erect, place, post or maintain any sign, billboard, placard, notice or other form of advertising,
in any roadside park or safety rest area in this state, or in the approaches thereto.
2. Any person who violates any provision of this section or any regulation adopted under this chapter governing roadside parks or safety rest areas shall be punished by a fine of not more than $1,000 for a first offense and not more than $5,000 for each subsequent offense.
(Added to NRS by 1979, 207; A 2013, 3378)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.437 - Permit to use law enforcement vehicle; limitations.

1. The Department shall establish a program wherein a contractor that has been awarded a contract for the construction, reconstruction, improvement, maintenance or repair of a highway may obtain a permit for the use of a law enforcement vehicle owned by the Nevada Highway Patrol that is:
(a) Plainly and clearly marked as a vehicle of the Nevada Highway Patrol;
(b) Equipped with at least one flashing red warning lamp and may be equipped with additional warning lights; and
(c) Rendered incapable of being driven.
2. The Department may adopt regulations to carry out the program established pursuant to this section.
3. Except as provided by subsection 5, a contractor who is issued a permit pursuant to subsection 1 for a law enforcement vehicle described in subsection 1 may:
(a) Tow the vehicle to and from the area where the work on the highway is being performed; and
(b) Operate the flashing red warning lamp or other warning lights while the vehicle is parked in the area in which work on the highway is being performed only if construction workers are present.
4. The use of a law enforcement vehicle pursuant to a permit issued pursuant to this section, including, without limitation, the operation of the flashing red warning lamp or other warning lights, shall not be considered the false impersonation of a police officer.
5. A contractor may only use the law enforcement vehicle pursuant to subsection 3 if the contractor has requested the presence of an authorized emergency vehicle operated by a peace officer employed by the Nevada Highway Patrol and neither an officer nor an authorized emergency vehicle could be made available in the area where the work on the highway is being performed.
(Added to NRS by 2023, 1810)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.513 - Acquisition of property by towns and cities; costs; transfer of interest to State.

1. When highways are constructed, reconstructed or improved in accordance with this chapter through towns and through cities, the Department may require such towns and cities to acquire, through their governing bodies, and such towns and cities shall acquire in the name of the State, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the Department in the same manner as if the property were being acquired by the State.
2. The cost of acquisition may be shared by such town or city and the Department or may be paid for wholly by such town or city in accordance with agreements which shall first be entered into between the governing body of such city or town and the Department.
3. With respect to real property, interests therein or improvements thereon held in the name of towns and cities, the local governing body may, by conveyance in the nature of quitclaim, transfer such interest to the State in accordance with the agreements which shall first be entered into between such governing bodies and the Department.
(Added to NRS by 1957, 692; A 1975, 665)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.517 - Acquisition of property by counties; costs; transfer of interest to State.

1. When highways are constructed, reconstructed or improved by the State in accordance with this chapter outside of the limits of any unincorporated town or incorporated city, the Department may require the boards of county commissioners of the counties in which the highways are located to acquire, and such boards shall acquire in the name of the State, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the Department in the same manner as if the property were being acquired by the State.
2. The cost of acquisition may be shared by such counties and the Department or may be paid for wholly by such counties in accordance with agreements which shall first be entered into between the boards of county commissioners of the counties in which the highways are located and the Department.
3. With respect to real property, interests therein or improvements thereon held in the name of counties, the boards of county commissioners may, by conveyance in the nature of quitclaim, transfer such interest to the State in accordance with agreements which shall first be entered into between such boards and the Department.
(Added to NRS by 1957, 692; A 1975, 666)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.523 - Summary vacation and abandonment of portion of state highway superseded by relocation or in excess of needs; resolution of Board; recordation.

1. The Board may retain or may summarily vacate and abandon any portion of a state highway if that portion has been superseded by relocation or has been determined to be in excess of the needs of the Department.
2. The Board shall act to abandon any easement, or to vacate any highway, by resolution. A certified copy of the resolution may be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the office of the county recorder of each county wherein any portion of the easement to be abandoned, or the highway to be vacated, lies. No fee may be charged for such recordation. Upon recordation, the abandonment or vacation is complete.
3. When a highway for which the State holds only an easement is abandoned, or when any other easement is abandoned, the property previously subject thereto is free from the public easement for highway purposes. Where the State owns in fee the property on which the vacated highway was located, the Department shall dispose of that property as provided in NRS 408.533.
4. In any proceeding for the abandonment or vacation of any state highway or part thereof, the Board may reserve and except therefrom any easements, rights or interests in the highway deemed desirable and in the best interests of the State.
(Added to NRS by 1960, 68; A 1981, 707; 1987, 1811; 1989, 1307)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.537 - State consent to close public road on public land: Application; notice; duties of planning agencies.

1. Upon receipt of an application for consent to close a public road on public land, the Department shall give written notice of the application to the planning agencies of the local governments, within 1 week after its receipt of the application.
2. Each planning agency so notified shall within 45 days after the notice is sent hold a public hearing on the application at the place where it normally meets. If the road is located within the jurisdiction of two or more planning agencies, each of those agencies must hold a hearing.
3. Each planning agency shall notify the public and every person known to have a vested private right-of-way over the road for the purpose of grazing, mining or any other purpose for which such a private right vests, by publication in one issue of a newspaper of general circulation published in each of the counties in which the land is located and by mailing to the last known address of each private user of the road. The notice must be published at least 20 days before the date set for the hearing and set forth the location of the road and the purpose for closing it as stated in the application. The cost of publishing the notice must be borne by the United States or by someone in its behalf.
4. The planning agency shall deliver its written recommendation on the application, including the reasons for its recommendation, to the Department within 15 days after the conclusion of its hearing on the application.
5. The application must contain such information and supporting documents as are prescribed in regulations adopted by the Department with the approval of the Board.
(Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.543 - State consent to close public road on public land: Duties of Department.

1. The Department shall hold a hearing on an application to close a public road on public land within 45 days after it receives the written recommendation from the planning agency. The Department shall give notice of its hearing as required by law. At its hearing the Department shall receive any testimony pertaining to any use of the road which is not repetitive and shall consider the written recommendation of the planning agency.
2. The Department shall deliver its written recommendation on the application, including the reasons for its recommendation, to the Board within 15 days after the conclusion of its hearing on the application.
(Added to NRS by 1981, 924; A 1987, 1814; 1989, 1310)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.547 - State consent to close public road on public land: Determination by Board; approval by inaction; certificate of consent.

1. The Board in deciding whether to grant or deny the consent of the State to close a public road on public land shall:
(a) Balance the interests of the Federal Government and the State; and
(b) Not apply standards or impose conditions respecting the closure of a public road which are more restrictive than those generally applicable to other persons or governmental agencies in this state.
2. In granting the consent of the State the Board shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in NRS 328.085, except subsection 3 of that section.
3. Consent to such a closure or the extinguishing of a public use does not constitute consent to extinguish a private use, and the State’s consent is contingent on compensation by the Federal Government for the loss of a vested private right-of-way.
4. Any recommendation of the Department which is not acted on by the Board within 30 days after it receives the application and which is not in conflict with the requirements of this section is automatically approved unless the Board in a writing which is attached to the application and recommendation defers the decision for a good cause.
5. The consent of the Board to close a public road on public land must be evidenced by a certificate signed by the Chair of the Board and attested to by its Secretary, and delivered to the United States.
(Added to NRS by 1981, 925; A 1987, 1814; 1989, 1310)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.5471 - "Transportation facility" defined.

As used in NRS 408.5471 to 408.549, inclusive, unless the context otherwise requires, "transportation facility" has the meaning ascribed to it in NRS 338.161.
(Added to NRS by 2003, 2028; A 2015, 453; 2017, 538)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.548 - Authority of Department to request submission of proposals; regulations.

1. If the Department receives a request regarding a transportation facility pursuant to NRS 408.5475 and the Department determines pursuant to the provisions of subsection 1 of NRS 408.5483 that the transportation facility serves a public purpose, the Department may request other persons to submit proposals to develop, construct, improve, maintain or operate, or any combination thereof, the transportation facility.
2. The Department shall adopt regulations establishing:
(a) The procedures for requesting other persons to submit proposals to the Department; and
(b) The procedures for other persons to submit proposals to the Department.
(Added to NRS by 2003, 2030)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.5484 - Certain submittals confidential until notice of intent to award contract is issued.

1. Any document or other information submitted to the Department in response to a request for proposals pursuant to NRS 408.548 by a person seeking a contract to develop, construct, improve, maintain or operate, or any combination thereof, a transportation facility pursuant to NRS 408.5471 to 408.549, inclusive, is confidential and may not be disclosed until notice of intent to award the contract is issued.
2. As used in this section, the term "document or other information" means any submittal by a person to the Department in response to a request for proposals pursuant to NRS 408.548 and includes, without limitation, a proposal made pursuant to NRS 408.548 and any submittal required by regulations promulgated by the Department pursuant to NRS 408.548.
(Added to NRS by 2015, 453)
2023 Nevada Revised Statutes › Chapter 408 - Highways, Roads and Transportation Facilities › NRS 408.5485 - Contract for transportation services.

The Department may contract with a person whose request or proposal is approved pursuant to NRS 408.5483 for transportation services to be provided by the transportation facility in exchange for such payments for service and other consideration as the Department may deem appropriate.
(Added to NRS by 2003, 2031)