Nevada Code § 244.287

Conveyance of property to nonprofit organization for development of attainable housing: Application; public hearing; conditions; annual list of property conveyed; subordination of interest in property conveyed
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1. A nonprofit organization may submit to
a board of county commissioners an application for conveyance of property that
is owned by the county if the property was:
(a) Received by donation for the use and benefit
of the county pursuant to NRS 244.270 .
(b) Purchased by the county pursuant to NRS 244.275 .
2. Before the board of county
commissioners makes a determination on such an application for conveyance, it
shall hold at least one public hearing on the application. Notice of the time,
place and specific purpose of the hearing must be:
(a) Published at least once in a newspaper of
general circulation in the county.
(b) Mailed to all owners of record of real
property which is located not more than 300 feet from the property that is
proposed for conveyance.
(c) Posted in a conspicuous place on the property
that is proposed for conveyance.
The hearing
must be held not fewer than 10 days but not more than 40 days after the notice
is published, mailed and posted in accordance with this subsection.
3. The board of county commissioners may
approve such an application for conveyance if the nonprofit organization
demonstrates to the satisfaction of the board that the organization or its
assignee will use the property to develop attainable housing. An application
must include, without limitation:
(a) Information that sets forth:
(1) The number of employees of the
nonprofit organization or its affiliates 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 nonprofit
organization or any affiliate of the nonprofit organization;
(b) A description of any previous project for
which the nonprofit organization 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 nonprofit organization 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.
4. If the board of county commissioners
receives more than one application for conveyance of the property, the board
must give priority to an application of a nonprofit organization that
demonstrates to the satisfaction of the board that the organization or its
assignee will use the property to develop attainable housing for persons who
are seniors or disabled.
5. If the board of county commissioners
approves an application for conveyance, it may convey the property to the
nonprofit organization without consideration. Such a conveyance must not be in
contravention of any condition in a gift or devise of the property to the
county.
6. As a condition to the conveyance of the
property pursuant to subsection 5, the board of county commissioners shall
enter into an agreement with the nonprofit organization that requires the
nonprofit organization or its assignee to use the property to provide
attainable housing for at least 50 years. If the nonprofit organization or its
assignee fails to use the property to provide attainable housing pursuant to
the agreement, the board of county commissioners may take reasonable action to
return the property to use as attainable housing, including, without
limitation:
(a) Repossessing the property from the nonprofit
organization or its assignee.
(b) Transferring ownership of the property from
the nonprofit organization or its assignee to another person or governmental
entity that will use the property to provide attainable housing.
7. The agreement required by subsection 6
must be recorded in the office of the county recorder of the county in which
the property is located and must specify:
(a) The number of years for which the nonprofit
organization or its assignee must use the property to provide attainable
housing; and
(b) The action that the board of county
commissioners will take if the nonprofit organization or its assignee fails to
use the property to provide attainable housing pursuant to the agreement.
8. A board of county commissioners that
has conveyed property pursuant to subsection 5 shall:
(a) Prepare annually a list which includes a
description of all property that was conveyed to a nonprofit organization
pursuant to this section; and
(b) Include the list in the annual audit of the
county which is conducted pursuant to NRS
354.624 .
9. If, 5 years after the date of a
conveyance pursuant to subsection 5, a nonprofit organization or its assignee
has not commenced construction of attainable housing, or entered into such
contracts as are necessary to commence the construction of attainable housing,
the property that was conveyed automatically reverts to the county.
10. A board of county commissioners may
subordinate the interest of the county in property conveyed pursuant to
subsection 5 to a first or subsequent holder of a mortgage on that property to
the extent the board deems necessary to promote investment in the construction
of attainable housing.
11. As used in this section, unless the
context otherwise requires:
(a) Attainable housing has the meaning ascribed
to it in NRS 278.0105 .
(b) Nonprofit organization means an organization
that is recognized as exempt pursuant to 26 U.S.C. 501(c)(3).

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