reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.180 - List of residents, retailers and employers within proposed area; mailing of notice; verification of mailing.

1. The governing body shall cause to be created a list of the names and addresses of all:
(a) Persons who reside within a proposed tax increment area and who own taxable property within a proposed tax increment area; and
(b) If the undertaking is a natural resources project or a rail project for which the municipality has received approval from the Interim Finance Committee pursuant to NRS 278C.157:
(1) Retailers located within a proposed tax increment area; and
(2) Employers located within a proposed tax increment area.
The names and addresses for the list may be obtained from the records of the county assessor, the Department of Taxation or from such other sources as the clerk or the engineer deems available. A list of such names and addresses pertaining to any tax increment area may be revised from time to time, but must be revised at least once every 12 months if the list is needed for a period longer than 12 months.
2. If notice is required to be mailed pursuant to this chapter, the notice must be sent by prepaid, first-class mail, to the last known address of the person to whom the notice is being sent.
3. The mailing of any notice required in this chapter must be verified by the affidavit or certificate of the engineer, clerk, deputy or other person mailing the notice. Each verification of mailing must be filed with the clerk and be retained in the records of the municipality at least until all bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
4. A verification of mailing is prima facie evidence of the mailing of the notice in accordance with the requirements of this section.
(Added to NRS by 2005, 1761; A 2015, 3204; 2015, 29th Special Session, 47)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.190 - Verification of posting of notice.

1. The posting of any notice required in this chapter must be verified by the affidavit or certificate of the engineer, clerk, deputy or other person posting the notice. Each verification of posting must be filed with the clerk and must be retained in the records of the municipality at least until the bonds and other securities pertaining to a tax increment account have been paid in full and until any claim is barred by a statute of limitations.
2. A verification of posting is prima facie evidence of the posting of the notice in accordance with the requirements of this section.
(Added to NRS by 2005, 1761)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.200 - Publication of notice; verification of publication.

1. Any notice required to be published pursuant to this chapter must be published in a newspaper of general circulation within the area of the tax increment area about which the notice relates at least once a week for 3 consecutive weeks. The first publication must be at least 15 days before the designated time or event, and the last publication must be at least 14 days after the first publication.
2. Publication is complete on the day of the last publication.
3. Any publication required in this chapter must be verified by the affidavit of the person who publishes the notice. Each verification of publication must be filed with the clerk and must be retained in the records of the municipality at least until all the bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.
4. A verification of publication is prima facie evidence of the publication of the notice in accordance with the requirements of this section.
(Added to NRS by 2005, 1762)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.210 - Actions at hearing; resolutions; complaint, protest or objection of proceedings.

1. At the time and place of the hearing, the governing body shall cause to be read and consider all written complaints, protests, objections and other relevant comments made in accordance with NRS 278C.170 and hear all oral complaints, protests, objections and other relevant comments made pursuant to that section.
2. After considering all written and oral complaints, protests, objections and other relevant comments that were properly submitted and after considering any other relevant material put forth, if the governing body determines that the undertaking, or a part thereof, is not in the public interest:
(a) The governing body, by resolution, shall make an order which states that the undertaking or a part of the undertaking, as appropriate, is not in the public interest and which states the reasons that the undertaking, or part of the undertaking, is not in the public interest;
(b) The public body may, by resolution and in accordance with the notice and hearing requirements of this chapter, modify the proposed tax increment area or undertaking to conform to the order; and
(c) The undertaking or part of the undertaking, as appropriate, must be stopped until the governing body adopts a new resolution for the undertaking which conforms to the order.
3. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings taken and the documents made before the date of the hearing is waived unless presented in the manner specified in this chapter.
(Added to NRS by 2005, 1762)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.220 - Procedure after hearing; modification of plans; adoption of ordinance creating area.

1. If, after considering all written and oral complaints, protests, objections and other relevant comments that were properly submitted and after considering any other relevant material put forth, the governing body determines that the undertaking is in the public interest and defines that public interest, the governing body shall determine whether to proceed with the undertaking. If the governing body has ordered any modification to an undertaking and desires to proceed, it shall direct the engineer to modify the plans, estimate of costs and statements, as appropriate.
2. The engineer, if so directed, shall appropriately modify them and file the modified plans, estimate of costs and statements, as appropriate, with the clerk.
3. When the plans, estimates and statements are filed with the clerk and are satisfactory to the governing body, if the governing body wants to proceed with the undertaking, the governing body shall, by ordinance:
(a) Overrule all complaints, protests and objections not otherwise acted upon;
(b) Order the undertaking;
(c) Describe the tax increment area pertaining to the undertaking; and
(d) Create the tax increment account for the undertaking.
4. The governing body must adopt the ordinance in the same manner as a regular ordinance.
(Added to NRS by 2005, 1762)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.230 - Amendment of ordinance creating area; notice to be provided to certain owners of tracts of land; amount of taxes to be allocated must be computed separately for original area and each addition of land thereto.

1. The governing body may amend an ordinance adopted pursuant to NRS 278C.220 by adopting a supplemental ordinance, introduced and adopted in the same manner as a regular ordinance, to:
(a) Modify the undertaking by specifying new projects or removing or modifying projects specified in the original ordinance;
(b) Add areas to or remove areas from a tax increment area; and
(c) Make such other changes, additions or deletions as the governing body determines will further its objectives within the tax increment area.
2. If a proposed amendment would add any area to or remove any area from a tax increment area, the governing body shall provide by mail notice of the date, time and place of the meeting at which the proposed amendment will be considered to the last known owner or owners of each tract of land proposed to be added or removed.
3. The amount of taxes to be allocated to a tax increment account pursuant to NRS 278C.250 must be computed separately for the original tax increment area and each addition of land thereto.
(Added to NRS by 2005, 1763)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.240 - Applicability to undertaking of provisions governing payment of prevailing wage.

The provisions of NRS 338.013 to 338.090, inclusive, apply to any construction work to be performed under any contract or other agreement related to an undertaking ordered by a governing body pursuant to this chapter. The governing body, the developer, any contractor who is awarded the contract or enters into the agreement to perform the construction work and any subcontractor who performs any portion of the construction work related to such an undertaking shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the governing body had undertaken the undertaking or had awarded the contract.
(Added to NRS by 2005, 1763; A 2019, 711)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.270 - Appeal from adverse order.

The Federal Government, the State, any public body or any person filing a written complaint, protest or objection in the manner and within the time provided in NRS 278C.170, may, within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution pursuant to NRS 278C.210 or by ordinance pursuant to NRS 278C.220, commence an action or suit in a court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits attacking the validity of the proceedings are perpetually barred.
(Added to NRS by 2005, 1765; A 2017, 3813)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.305 - Administration of area created for purpose of carrying out undertaking identified in economic development financing agreement: Authority of Office of Economic Development and Director of Office; disposition of money collected from area; modification of agreement by Director.

1. Notwithstanding any provision of this chapter to the contrary, if the governing body submits to the Office of Economic Development an economic development financing proposal described in NRS 360.989 and the Office approves the proposal and an economic development financing agreement pursuant to NRS 360.990, any tax increment area which is or may be created for the purpose of carrying out the undertakings identified in the proposal must be administered as provided in the agreement.
2. The economic development financing agreement may provide, without limitation, that:
(a) The Office of Economic Development, the Executive Director of the Office or any designee of either is authorized or required to perform any function or duty that under the provisions of this chapter would otherwise be performed by the municipality, the governing body or any officer or employee of the municipality.
(b) Any money collected pursuant to this chapter must be paid, collected, deposited, distributed or remitted as provided in the agreement, notwithstanding any provision of this chapter to the contrary.
(c) It may be modified at any time by the Executive Director of the Office of Economic Development, in the exercise of his or her discretion and upon approval of the Board of Economic Development.
(Added to NRS by 2015, 29th Special Session, 42)
2023 Nevada Revised Statutes › Chapter 278C - Tax Increment Areas › NRS 278C.310 - Effect of chapter.

1. This chapter, without reference to other statutes of this State, except as otherwise expressly provided in this chapter, constitutes full authority for the exercise of powers granted in this chapter.
2. No other law with regard to the exercise of any power granted in this chapter that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized to be done applies to any acts taken under this chapter, except as provided in this chapter.
3. The powers conferred by this chapter are in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter do not affect the powers conferred by, any other law.
(Added to NRS by 2005, 1766)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.382 - Short title.

The provisions contained in this chapter may be cited as the Community Redevelopment Law.
(Added to NRS by 1959, 648; A 1987, 1683; 1999, 3612; 2005, 2214; 2011, 3747; 2013, 798)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.384 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 279.385 to 279.414, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1959, 648; A 1985, 2068; 1993, 1329; 1999, 1090; 2003, 1286; 2005, 2214; 2011, 3747; 2013, 798, 1573; 2017, 660; 2019, 1411)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.388 - "Blighted area" defined.

1. Except as otherwise provided in subsection 2, "blighted area" means an area which is characterized by at least four of the following factors:
(a) The existence of buildings and structures, used or intended to be used for residential, commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes and are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime because of one or more of the following factors:
(1) Defective design and character of physical construction.
(2) Faulty arrangement of the interior and spacing of buildings.
(3) Inadequate provision for ventilation, light, sanitation, open spaces and recreational facilities.
(4) Age, obsolescence, deterioration, dilapidation, mixed character or shifting of uses.
(b) An economic dislocation, deterioration or disuse.
(c) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development.
(d) The laying out of lots in disregard of the contours and other physical characteristics of the ground and surrounding conditions.
(e) The existence of inadequate streets, open spaces and utilities.
(f) The existence of lots or other areas which may be submerged.
(g) Prevalence of depreciated values, impaired investments and social and economic maladjustment to such an extent that the capacity to pay taxes is substantially reduced and tax receipts are inadequate for the cost of public services rendered.
(h) A growing or total lack of proper utilization of some parts of the area, resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.
(i) A loss of population and a reduction of proper use of some parts of the area, resulting in its further deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere.
(j) The environmental contamination of buildings or property.
(k) The existence of an abandoned mine.
2. If the subject of the redevelopment is an eligible railroad or facilities related to an eligible railroad, "blighted area" means an area which is characterized by at least four of the factors set forth in subsection 1 or characterized by one or more of the following factors:
(a) The existence of railroad facilities, used or intended to be used, for commercial, industrial or other purposes, or any combination thereof, which are unfit or unsafe for those purposes because of age, obsolescence, deterioration or dilapidation.
(b) A growing or total lack of proper utilization of the railroad facilities resulting in a stagnant and unproductive condition of land which is potentially useful and valuable for contributing to the public health, safety and welfare.
(c) The lack of adequate rail facilities that has resulted or will result in an economic hardship to the community.
(Added to NRS by 1959, 648; A 1985, 2068; 2005, 2214)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.393 - "Eligible railroad" defined.

"Eligible railroad" means a railroad in existence on or before July 1, 2005:
1. That is located in a county whose population is less than 100,000; and
2. Of which no less than one-half of the ownership interest in the railroad is held by a governmental entity or nonprofit organization, or both.
(Added to NRS by 2005, 2213)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.398 - "Obligee" defined.

"Obligee" includes any bondholder, his or her trustee, any lessor demising to the agency property used in connection with a redevelopment area or any assignee of all or part of his or her interest, and the Federal Government if it is a party to any contract with the agency.
(Added to NRS by 1959, 649; A 1985, 2069)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.405 - "Public educational activities and programs" defined.

1. "Public educational activities and programs" includes, without limitation:
(a) Early childhood education programs;
(b) Literacy programs;
(c) Summer learning programs, before- and after-school programs and other instruction at times during the year when school is not in session; and
(d) Wrap-around services.
2. As used in this section, "wrap-around services" means integrated student supports and supplemental services provided to a pupil that help create an environment conducive to learning and assist the pupil in making the transition from early childhood education through postsecondary education and into the workforce.
(Added to NRS by 2017, 659)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.406 - "Real property" defined.

"Real property" means:
1. Land, including land under water and waterfront property.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, including rights-of-way, terms for years and liens, charges or encumbrances by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
(Added to NRS by 1959, 649)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.408 - "Redevelopment" defined.

1. "Redevelopment" means the planning, development, replanning, redesign, clearance, reconstruction or rehabilitation, or any combination of these, of all or part of a redevelopment area, and the provision of such residential, commercial, industrial, public or other structures or spaces as may be appropriate or necessary in the interest of the general welfare, including:
(a) Recreational and other facilities appurtenant thereto.
(b) Eligible railroads or facilities related to eligible railroads.
(c) The alteration, improvement, modernization, reconstruction or rehabilitation, or any combination thereof, of existing structures in a redevelopment area.
(d) Provision for uses involving open space, such as:
(1) Streets and other public grounds;
(2) Space around buildings, structures and improvements;
(3) Improvements of recreational areas; and
(4) Improvement of other public grounds.
(e) The replanning, redesign or original development of undeveloped areas where:
(1) The areas are stagnant or used improperly because of defective or inadequate layouts of streets, faulty layouts of lots in relation to size, shape, accessibility or usefulness, or for other causes; or
(2) The areas require replanning and assembly of land for reclamation or development in the interest of the general welfare because of widely scattered ownership, tax delinquency or other reasons.
2. "Redevelopment" does not exclude the continuance of existing buildings or uses whose demolition and rebuilding or change of use are not deemed essential to the redevelopment and rehabilitation of the area.
(Added to NRS by 1959, 649; A 1985, 2069; 2005, 2215)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.410 - "Redevelopment area" defined.

"Redevelopment area" means an area of a community whose redevelopment is necessary to effectuate the public purposes declared in this chapter.
(Added to NRS by 1959, 650; A 1985, 2070; 2013, 798)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.416 - Declaration of state policy: Necessity of redevelopment of blighted areas.

It is found and declared that there exist in many communities blighted areas which constitute either social or economic liabilities, or both, requiring redevelopment in the interest of the health, safety and general welfare of the people of those communities and of the State.
(Added to NRS by 1959, 650; A 1985, 2070)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.418 - Declaration of state policy: Growing menace of blighted areas to public health, safety and welfare; benefits to inhabitants resulting from remedying conditions.

It is further found and declared that:
1. The existence of blighted areas constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety and welfare of the people of the communities in which they exist and of the people of the State.
2. Such blighted areas present difficulties and handicaps which are beyond remedy and control solely by regulatory processes in the exercise of the police power.
3. They contribute substantially and increasingly to the problems of, and necessitate excessive and disproportionate expenditures for, crime prevention, correction, prosecution and punishment, the treatment of juvenile delinquency, the preservation of the public health and safety, and the maintaining of adequate police, fire and accident protection and other public services and facilities.
4. This menace is becoming increasingly direct and substantial in its significance and effect.
5. The benefits which will result from the remedying of such conditions and the redevelopment of blighted areas will accrue to all the inhabitants and property owners of the communities in which they exist.
(Added to NRS by 1959, 650)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.420 - Declaration of state policy: Inability of individual landowners to rehabilitate property; remedy by public acquisition.

It is further found and declared that:
1. Conditions of blight tend to further obsolescence, deterioration and disuse because of the lack of incentive to the individual landowner and his or her inability to improve, modernize or rehabilitate his or her property while the condition of the neighboring properties remains unchanged.
2. As a consequence the process of deterioration of a blighted area frequently cannot be halted or corrected except by redeveloping the entire area, or substantial portions of it.
3. Such conditions of blight are chiefly found in areas subdivided into small parcels, held in divided and widely scattered ownerships, frequently under defective titles, and in many such instances the private assembly of the land in blighted areas for redevelopment is so difficult and costly that it is uneconomic and as a practical matter impossible for owners to undertake because of lack of legal power and excessive costs.
4. The remedying of such conditions may require the public acquisition at fair prices of adequate areas, the clearance of the areas through demolition of existing obsolete, inadequate, unsafe and insanitary buildings, and the redevelopment of the areas suffering from such conditions under proper supervision, with appropriate planning, and continuing land use and construction policies.
(Added to NRS by 1959, 651)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.422 - Declaration of state policy: Temporary government-owned wartime housing projects as blighted areas.

It is further found and declared that blighted areas may include housing areas constructed as temporary government-owned wartime housing projects, and that such areas may be characterized by one or more of the conditions enumerated in NRS 279.388.
(Added to NRS by 1959, 651)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.424 - Declaration of state policy: Redevelopment of blighted areas by eminent domain; public use; necessity.

It is declared to be the policy of the State:
1. To protect and promote the sound development and redevelopment of blighted areas and the general welfare of the inhabitants of the communities in which they exist by remedying such injurious conditions through the employment of all appropriate means.
2. That whenever the redevelopment of blighted areas cannot be accomplished by private enterprise alone, without public participation and assistance in the acquisition of land, in planning and in the financing of land assembly, in the work of clearance, and in the making of improvements necessary therefor, it is in the public interest to employ the power of eminent domain, to advance or expend public funds for these purposes, and to provide a means by which blighted areas may be redeveloped or rehabilitated.
3. That the redevelopment of blighted areas and the provision for appropriate continuing land use and construction policies in them constitute public uses and purposes for which public money may be advanced or expended and private property acquired, and are governmental functions of state concern in the interests of health, safety and welfare of the people of the State and of the communities in which the areas exist.
4. That the necessity in the public interest for the provisions of this chapter is declared to be a matter of legislative determination.
(Added to NRS by 1959, 651)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.425 - Declaration of state policy: Adequate supply of decent, safe and sanitary affordable housing necessary to accomplish purposes of Community Redevelopment Law.

It is further found and declared that:
1. The provision of housing is a fundamental purpose of the Community Redevelopment Law and that a generally inadequate supply of decent, safe and sanitary affordable housing threatens the accomplishment of the primary purposes of the Community Redevelopment Law, including, without limitation, creating new employment opportunities, attracting new private investments of money in the area and creating physical, economic, social and environmental conditions to remove and prevent the recurrence of blight.
2. The provision and improvement of affordable housing which is inside or outside the boundaries of the redevelopment area can be of direct benefit to the redevelopment area in assisting the accomplishment of project objectives whether or not the redevelopment plan provides for affordable housing within the project area.
3. The provision of affordable housing by redevelopment agencies and the use of taxes allocated to the agency pursuant thereto is of statewide benefit and assistance to all local governmental agencies in the areas where affordable housing is provided.
(Added to NRS by 1993, 1328; A 2019, 1411)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.428 - Resolution of legislative body as prerequisite to functioning of agency.

An agency shall not transact any business or exercise any powers pursuant to this chapter unless, by resolution, the legislative body declares that there is need for an agency to function in the community.
(Added to NRS by 1959, 652; A 2013, 798)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.430 - Authority of agency conclusively presumed from resolution.

In any proceeding involving the validity or enforcement of, or relating to, any contract by an agency, the agency is conclusively deemed to have been established and authorized to transact business and exercise its powers upon proof of the adoption of such a resolution.
(Added to NRS by 1959, 652)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.432 - Powers of public bodies in aid of local redevelopment.

For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of redevelopment projects located within the area in which it is authorized to act, any public body, upon the terms and with or without consideration as it determines, may:
1. Dedicate, sell, convey or lease any of its property to a redevelopment agency.
2. Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with redevelopment projects.
3. Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake.
4. Plan or replan, zone or rezone any part of such area and make any legal exceptions from building regulations and ordinances.
5. Enter into agreements with the Federal Government respecting action to be taken by such public body pursuant to any of the powers granted by this chapter. Such agreements may extend over any period, notwithstanding any law to the contrary.
6. Purchase or legally invest in any of the bonds of an agency and exercise all of the rights of any holder of such bonds.
(Added to NRS by 1959, 652)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.434 - Exemption of agency and property from execution, process or lien; exceptions.

Execution or other judicial process shall not issue against the real property of an agency nor shall any judgment against an agency be a charge or lien upon its real property. This section does not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance of an agency or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an agency on its rents, fees or revenues.
(Added to NRS by 1959, 652)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.436 - Suspension of agency’s authority.

If an agency has not redeveloped or acquired land for, or commenced the redevelopment of a project, or entered into contracts for redevelopment within 2 years after the adoption of a resolution, as provided in NRS 279.428, the legislative body may by resolution declare that there is no further need for the agency. Upon the adoption of the resolution the offices of the agency members are vacated and the capacity of the agency to transact business or exercise any powers is suspended until the legislative body adopts a resolution declaring the need for the agency to function.
(Added to NRS by 1959, 652)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.438 - Termination of redevelopment plan adopted before January 1, 1991, and amendments to plan; extension of plan.

1. A redevelopment plan adopted before January 1, 1991, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or:
(a) With respect to a redevelopment plan adopted by the agency of a city whose population is 220,000 or more located in a county whose population is 100,000 or more but less than 700,000, if the legislative body adopts an extension of the redevelopment plan by ordinance, 60 years after the date on which the original redevelopment plan was adopted, whichever is later. Such an extension of a redevelopment plan has no effect on the allocation of revenues among taxing authorities within such a redevelopment area.
(b) With respect to a redevelopment plan adopted by the agency of a city whose population is 500,000 or more, if the requirements set forth in subsection 2 are met, 60 years after the date on which the original redevelopment plan was adopted, whichever is later.
(c) With respect to any other redevelopment plan, including a redevelopment plan adopted by an agency of a city specified in paragraph (a) or (b), if the requirements set forth in paragraph (a) or (b) are not met, 45 years after the date on which the original redevelopment plan was adopted, whichever is later.
2. A redevelopment plan adopted by an agency of a city whose population is 500,000 or more may terminate on the date prescribed by paragraph (b) of subsection 1 only if the legislative body adopts an extension of the redevelopment plan by ordinance and, on the date on which the extension is adopted:
(a) The assessed value of the aggregate number of redevelopment projects in the redevelopment area is not less than the assessed value of the aggregate number of redevelopment projects in the year in which the redevelopment plan was adopted; and
(b) The assessed value of the redevelopment area is not less than 75 percent of the assessed value of the redevelopment area in the year in which the redevelopment plan was adopted.
(Added to NRS by 1959, 653; A 1987, 1683; 1997, 2557; 1999, 3613; 2007, 2484; 2013, 2273; 2015, 3141; 2017, 3416)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.439 - Termination of redevelopment plan adopted on or after January 1, 1991, and amendments to plan.

1. Except as otherwise provided in subsections 2, 3 and 4, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 30 years after the date on which the original redevelopment plan is adopted.
2. If a redevelopment area includes any real property conveyed by the Federal Government which contains an abandoned mine or milling operation with open pits, large volumes of mine overburden and tailings piles and mill facility foundations, or a hazardous level of contaminants, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 45 years after the date of the conveyance of the real property if:
(a) Within 15 years after the date on which the original redevelopment plan is adopted, the State enters into one or more agreements, with respect to the real property conveyed by the Federal Government, for mine remediation and reclamation; and
(b) Before entering into any agreement for mine remediation and reclamation, the State consults with the legislative body of the community in which the real property is located.
3. Except for a redevelopment area described in subsection 2, a redevelopment plan, and any amendments to the plan, adopted on or after January 1, 1991, by an agency of a county whose population is 700,000 or more or a city whose population is 220,000 or more but less than 500,000 located in a county whose population is 700,000 or more that meets the requirement of subsection 4 must terminate not later than 45 years after the date on which the original redevelopment plan is adopted.
4. A redevelopment plan, and any amendments to the plan, may terminate on the date prescribed by subsection 3 only if the legislative body adopts an extension of the redevelopment plan by ordinance.
(Added to NRS by 1987, 1683; A 1997, 2557; 2007, 2484; 2015, 340, 3141; 2021, 2162)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.440 - Appointment of members; exceptions.

Except as otherwise provided in NRS 279.443 and 279.444, when the legislative body adopts a resolution declaring the need for an agency, the mayor or other executive officer of a city or chair of the board of county commissioners, with the approval of the legislative body, shall appoint five resident electors of the community as members of the agency.
(Added to NRS by 1959, 653; A 2003, 1286)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.442 - Restriction on appointment of members.

A member may not be an employee of the community, but notwithstanding any other law, he or she may be a member or employee of any other agency or authority of, or created for, the community.
(Added to NRS by 1959, 653; A 2003, 1286)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.443 - Alternative method of appointment of members; staggering of terms of resident electors; successors; vacancies.

1. As an alternative to the appointment of five members of the agency pursuant to NRS 279.440 and as an alternative to the procedures set forth in NRS 279.444:
(a) At the time of the adoption of a resolution pursuant to NRS 279.428, the legislative body may appoint not more than 11 of the following persons as members of the agency:
(1) Resident electors of the community;
(2) Members of the legislative body; or
(3) A combination of resident electors of the community and members of the legislative body; or
(b) At any time after the adoption of a resolution pursuant to NRS 279.428, the legislative body may direct the mayor or other executive officer of the city or chair of the board of county commissioners to appoint not more than 11 of the following persons as members of the agency:
(1) Resident electors of the community;
(2) Members of the legislative body; or
(3) A combination of resident electors of the community and members of the legislative body.
2. The terms of any resident electors of the community first appointed as members of the agency pursuant to paragraph (a) or (b) of subsection 1 must be staggered in substantially the same proportion as the terms of members are staggered pursuant to NRS 279.446. The successors of the members first appointed must be appointed for 4-year terms. Vacancies occurring during a term must be filled for the unexpired term. A member shall hold office until his or her successor is appointed and qualified.
(Added to NRS by 2003, 1285)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.444 - Action of legislative body as alternative to appointment of members; community’s exercise of powers; delegation of powers and functions.

1. As an alternative to the appointment of five members of the agency pursuant to NRS 279.440 and as an alternative to the procedures set forth in NRS 279.443, the legislative body may, at the time of the adoption of a resolution pursuant to NRS 279.428, or at any time thereafter, declare itself to be the agency, in which case, all the rights, powers, duties, privileges and immunities vested by this chapter in an agency are vested in the legislative body of the community. If the legislative body of a city declares itself to be the agency pursuant to this subsection, it may include the mayor of the city as part of the agency regardless of whether the mayor is a member of the legislative body.
2. A community may enact its own procedural ordinance and exercise the powers granted by this chapter.
3. An agency may delegate to a community any of the powers or functions of the agency with respect to the planning or undertaking of a redevelopment project in the area in which that community is authorized to act, and that community may carry out or perform those powers or functions for the agency.
(Added to NRS by 1959, 653; A 1985, 2070; 1993, 334; 2003, 1286; 2013, 798; 2021, 2163)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.446 - Terms of office of members; vacancies.

If five resident electors of the community are appointed as members of the agency pursuant to NRS 279.440, three of the members first appointed must be designated to serve for terms of 1, 2 and 3 years, respectively, after the date of their appointments and two must be designated to serve for terms of 4 years after the date of their appointments. Their successors must be appointed for 4-year terms. Vacancies occurring during a term must be filled for the unexpired term. A member shall hold office until his or her successor is appointed and qualified.
(Added to NRS by 1959, 653; A 2003, 1287)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.448 - Chair: Designation; election; term of office.

The appointing officer shall designate the first chair from among the members. When there is a vacancy in such office, the agency shall elect a chair from among its members. Unless otherwise prescribed by the legislative body, the term of office as chair is for the calendar year, or for that portion remaining after he or she is designated or elected.
(Added to NRS by 1959, 653)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.452 - Removal of member: Grounds; procedure.

For inefficiency, neglect of duty or misconduct in office, a member may be removed by the appointing officer, but only after he or she has been given a copy of the charges at least 10 days prior to a public hearing on such charges and has had an opportunity to be heard in person or by counsel. If a member is removed, a record of the proceedings and the charges and findings shall be filed in the office of the clerk of the community.
(Added to NRS by 1959, 653)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.454 - Interest in property included in redevelopment area forbidden; disclosure of interest; exception.

1. Except as provided in subsection 2, no officer or employee of an agency or community who in the course of his or her duties is required to participate in the formulation of or to approve plans or policies for the redevelopment of a redevelopment area may acquire any interest in any property included within a redevelopment area within the community. If any officer or employee owns, purchases or has or acquires any direct or indirect financial interest in such property, he or she shall immediately make a written disclosure of it to the agency and the legislative body which must be entered on their minutes. Failure to disclose constitutes misconduct in office.
2. Such an officer or employee may purchase or acquire property in the redevelopment area if the officer or employee uses it for his or her residence.
(Added to NRS by 1959, 654; A 1985, 976, 2071)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.462 - Powers of agency.

An agency may:
1. Sue and be sued.
2. Have a seal.
3. Make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
4. Make, amend and repeal bylaws and regulations not inconsistent with, and to carry into effect, the powers and purposes of this chapter.
5. Obtain, hire, purchase or rent office space, equipment, supplies, insurance and services.
6. Authorize and pay the travel expenses of agency members, officers, agents, counsel and employees on agency business.
(Added to NRS by 1959, 654; A 2013, 798)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.466 - Personnel: Selection; employment; compensation; limitations.

An agency may select, appoint and employ such permanent and temporary officers, agents, counsel and employees as it requires, and determine their qualifications, duties, benefits and compensation, subject only to the conditions and restrictions imposed by the legislative body on the expenditure or encumbrance of the funds appropriated to the community redevelopment agency administrative fund.
(Added to NRS by 1959, 654)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.468 - Preparation of plans for blighted areas; dissemination of redevelopment information; acceptance and expenditure of money; creation of residential plan; budget.

An agency may:
1. From time to time prepare plans for the improvement, rehabilitation and redevelopment of blighted areas.
2. Disseminate redevelopment information.
3. Accept financial or other assistance from any public or private source, for the agency’s activities, powers and duties, and expend any funds so received for any of the purposes of this chapter.
4. For each neighborhood within the redevelopment area, create a residential plan for the neighborhood or appoint an advisory council for redevelopment and delegate the authority to create the residential plan to the advisory council. A residential plan created by an advisory council must be approved by the agency, and each residential plan created pursuant to this subsection must include a financing plan.
5. Include in its budget all money received from any source, including, without limitation, money received from a local government for use by an advisory council in carrying out a residential plan approved by the agency.
(Added to NRS by 1959, 654; A 1999, 3613)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.470 - Acquisition, management, disposal and encumbrance of interests in real and personal property; insurance.

Within the redevelopment area or for purposes of redevelopment, an agency may:
1. Purchase, lease, obtain option upon or acquire by gift, grant, bequest, devise or otherwise, any real or personal property, any interest in property and any improvements thereon.
2. Except as otherwise provided in NRS 279.471 and 279.4712, acquire real property by eminent domain.
3. Clear buildings, structures or other improvements from any real property acquired.
4. Sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust or otherwise, or otherwise dispose of any real or personal property or any interest in property.
5. Insure or provide for the insurance of any real or personal property or operations of the agency against risks or hazards.
6. Rent, maintain, manage, operate, repair and clear such real property.
(Added to NRS by 1959, 654; A 1999, 3613; 2005, 2216)
2023 Nevada Revised Statutes › Chapter 279 - Redevelopment of Communities › NRS 279.471 - Requirements for agency to exercise power of eminent domain; resolutions; limited judicial review.

1. Except as otherwise provided in this subsection, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for each individual parcel of property to be acquired by eminent domain. An agency may exercise the power of eminent domain to acquire a parcel of property that is not blighted for a redevelopment project if the agency adopts a resolution that includes a written finding by the agency that a condition of blight exists for at least two-thirds of the property within the redevelopment area at the time the redevelopment area was created.
2. In addition to the requirement set forth in subsection 1, an agency may exercise the power of eminent domain to acquire property for a redevelopment project only if:
(a) The property sought to be acquired is necessary to carry out the redevelopment plan;
(b) The agency has adopted a resolution of necessity that complies with the requirements set forth in subsection 3; and
(c) The agency has complied with the provisions of NRS 279.4712.
3. A resolution of necessity required pursuant to paragraph (b) of subsection 2 must set forth:
(a) A statement that the property will be acquired for purposes of redevelopment as authorized pursuant to paragraph (o) of subsection 1 of NRS 37.010 and subsection 2 of NRS 279.470;
(b) A reasonably detailed description of the property to be acquired;
(c) A finding by the agency that the public interest and necessity require the acquisition of the property;
(d) A finding by the agency that acquisition of the property will be the option for redevelopment that is most compatible with the greatest public good and the least private injury; and
(e) A finding by the agency that acquisition of the property is necessary for purposes of redevelopment.
4. After an agency adopts a resolution pursuant to subsection 1 or 2, the resolution so adopted and the findings set forth in the resolution are final and conclusive and are not subject to judicial review unless credible evidence is adduced to suggest that the resolution or the findings set forth therein were procured through bribery or fraud.
(Added to NRS by 1999, 3612; A 2005, 1790, 2216; 2007, 338; 2011, 60)