Nevada Code § 244.281

Sale or lease of certain real property: Determination that sale or lease is in best interest of county; notice; appraisal; exceptions; second offering; evaluation for use of real property for development of attainable housing; effect of sale or lease in violation of section
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1. Except as otherwise provided in this
section and NRS 244.189 , 244.276 , 244.279 , 244.2815 , 244.2825 , 244.2833 , 244.2835 , 244.284 , 244.287 , 244.290 , 278.479 to 278.4965 , inclusive, and subsection 3 of NRS 496.080 , except as otherwise required
by federal law, except as otherwise required pursuant to a cooperative
agreement entered into pursuant to NRS
277.050 or 277.053 or an interlocal
agreement in existence on or before October 1, 2004, except if the board of
county commissioners is entering into a joint development agreement for real
property owned by the county to which the board of county commissioners is a
party, except for a lease of residential property with a term of 1 year or less,
except for the sale or lease of real property to a public utility, as defined
in NRS 704.020 , to be used for a public
purpose and except for the sale or lease of real property larger than 1 acre
which is approved by the voters at a primary or general election or special
election:
(a) When a board of county commissioners has
determined by resolution that the sale or lease of any real property owned by
the county will be for purposes other than to establish, align, realign,
change, vacate or otherwise adjust any street, alley, avenue or other
thoroughfare, or portion thereof, or flood control facility within the county
and will be in the best interest of the county, it may:
(1) Sell the real property in the manner
prescribed for the sale of real property in NRS
244.282 .
(2) Lease the real property in the manner
prescribed for the lease of real property in NRS
244.283 .
(b) Before the board of county commissioners may
sell or lease any real property as provided in paragraph (a), it shall:
(1) Post copies of the resolution
described in paragraph (a) in three public places in the county; and
(2) Cause to be published at least once a
week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the
county in which the real property is located, a notice setting forth:
(I) A description of the real
property proposed to be sold or leased in such a manner as to identify it;
(II) The minimum price, if
applicable, of the real property proposed to be sold or leased; and
(III) The places at which the
resolution described in paragraph (a) has been posted pursuant to subparagraph
(1), and any other places at which copies of that resolution may be obtained.
If no
qualified newspaper is published within the county in which the real property
is located, the required notice must be published in some qualified newspaper
printed in the State of Nevada and having a general circulation within that
county.
(c) Except as otherwise provided in this
paragraph and paragraph (h), if the board of county commissioners by its
resolution further finds that the real property to be sold or leased is worth
more than $1,000, the board shall select two or more disinterested, competent
real estate appraisers pursuant to NRS
244.2795 to appraise the real property. If the board of county
commissioners holds a public hearing on the matter of the fair market value of
the property, one disinterested, competent appraisal of the real property is
sufficient before selling or leasing it. Except for real property acquired
pursuant to NRS 371.047 , the board of
county commissioners shall not sell or lease it for less than:
(1) If two independent appraisals were
obtained, the average of the appraisals of the real property.
(2) If only one independent appraisal was
obtained, the appraised value of the real property.
(d) If the real property is appraised at $1,000
or more, the board of county commissioners may:
(1) Lease the real property; or
(2) Sell the real property either for cash
or for not less than 25 percent cash down and upon deferred payments over a
period of not more than 10 years, secured by a mortgage or deed of trust,
bearing such interest and upon such further terms as the board of county
commissioners may specify.
(e) A board of county commissioners may sell or
lease any real property owned by the county without complying with the
provisions of NRS 244.282 or 244.283 to:
(1) A person who owns real property located
adjacent to the real property to be sold or leased if the board has determined
by resolution that the sale will be in the best interest of the county and the
real property is a:
(I) Remnant that was separated from
its original parcel due to the construction of a street, alley, avenue or other
thoroughfare, or portion thereof, flood control facility or other public
facility;
(II) Parcel that, as a result of its
size, is too small to establish an economically viable use by anyone other than
the person who owns real property adjacent to the real property for sale or
lease; or
(III) Parcel which is subject to a
deed restriction prohibiting the use of the real property by anyone other than
the person who owns real property adjacent to the real property for sale or
lease.
(2) The State or another governmental
entity if:
(I) The sale or lease restricts the
use of the real property to a public use; and
(II) The board adopts a resolution
finding that the sale or lease will be in the best interest of the county.
(f) A board of county commissioners that disposes
of real property pursuant to paragraph (d) is not required to offer to reconvey
the real property to the person from whom the real property was received or
acquired by donation or dedication.
(g) If real property that is offered for sale or
lease pursuant to this section is not sold or leased at the initial offering of
the contract for the sale or lease of the real property, the board of county
commissioners may offer the real property for sale or lease a second time
pursuant to this section. The board of county commissioners must obtain a new
appraisal or appraisals, as applicable, of the real property pursuant to the
provisions of NRS 244.2795 before
offering the real property for sale or lease a second time if:
(1) There is a material change relating to
the title, the zoning or an ordinance governing the use of the real property;
or
(2) The appraisal or appraisals, as
applicable, were prepared more than 6 months before the date on which the real
property is offered for sale or lease the second time.
(h) If real property that is offered for sale or
lease pursuant to this section is not sold or leased at the second offering of
the contract for the sale or lease of the real property, the board of county
commissioners may list the real property for sale or lease at the appraised
value or average of the appraised value if two or more appraisals were
obtained, as applicable, with a licensed real estate broker, provided that the
broker or a person related to the broker within the first degree of
consanguinity or affinity does not have an interest in the real property or an
adjoining property. If the appraisal or appraisals, as applicable, were
prepared more than 6 months before the date on which the real property is listed
with a licensed real estate broker, the board of county commissioners must
obtain one new appraisal of the real property pursuant to the provisions of NRS 244.2795 before listing the real
property for sale or lease at the new appraised value.
2. Before approving the sale or lease of
real property owned by the county for the development of attainable housing, in
addition to complying with the provisions of subsection 1, the board of county
commissioners shall evaluate the capacity and commitment of the developer to
provide long-term benefits to the county in a manner that promotes transparency
and does not interfere with equitable competition. The developer shall submit
to the board of county commissioners:
(a) Information that sets forth:
(1) The number of employees of the
developer or any affiliate of the developer who are residents of this State;
and
(2) The number of households in this State
who live in attainable housing units that are owned or managed by the developer
or any affiliate of the developer;
(b) A description of any previous project for
which the developer received federal low-income housing tax credits, as defined
in NRS 360.863 , with documentation of
compliance with any federal requirements; and
(c) A description of any previous project where
the developer has obtained additional federal low-income housing tax credits,
as defined in NRS 360.863 , or
alternative financing for the rehabilitation or resyndication of attainable
housing. The description must include, without limitation, the name, location,
number of units and cost per unit of the attainable housing.
3. If real property is sold or leased in
violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing
the zoning or use of the real property is void if the change takes place within
5 years after the date of the void sale or lease.
4. As used in this section:
(a) Attainable housing has the meaning ascribed
to it in NRS 278.0105 .
(b) Flood control facility has the meaning
ascribed to it in NRS 244.276 .

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