Nevada Code § 350.0135

Proposal resulting in increase of rate of property taxes: Determination and notification of affected governmental entities by municipality; approval or objection by affected governmental entity; notification of commission of objection; resolution of conflict by commission; establishment of related methods and procedures by commission; exception
Open in Lexace · Ask the AI about this section
1. Before a municipality may submit to the
commission a proposal that will result in an increase in the rate of property
taxes, the municipality shall:
(a) Determine whether there is an affected
governmental entity; and
(b) If there is an affected governmental entity,
provide written notification to the affected governmental entity.
2. A notification sent pursuant to
subsection 1 must include, without limitation, a description of:
(a) The proposal and the estimated amount the
proposal would increase property taxes; and
(b) The potential effect of the increase on the
entity.
3. The governing body of an entity that
receives a notification pursuant to subsection 1 shall, by resolution, approve
or object to the proposal described in the notice. If the entity approves the
proposal, the entity must state in the resolution approving the proposal that
the entity has no intent to levy property taxes which, if combined with the
increase proposed in the proposal, would cause the combined property tax rate
for the area containing the municipality and the entity to exceed the
limitation on property taxes set forth in NRS
361.453 .
4. If an entity objects to a proposal
pursuant to subsection 3, the municipality which provided notice pursuant to
subsection 1 shall provide the commission with notification in writing of the
objection and the entitys reasons for objecting when submitting the proposal
to the commission pursuant to NRS 350.014 .
5. If the commission receives a proposal
to which an objection has been raised pursuant to subsection 3, the commission
shall resolve any conflict between the municipality and the entity over the use
of the remaining allowable increase in property taxes and determine whether to
approve, in whole or in part, or reject the increase in property taxes set
forth in the proposal.
6. In resolving a conflict pursuant to
subsection 5, the commission may impose:
(a) A condition or provision described in
subsection 2 of NRS 350.0145 ; and
(b) A condition that:
(1) The amount of the general obligation
debt proposed to be imposed must be reduced;
(2) The rate of the special elective tax
must be reduced; or
(3) Both subparagraphs (1) and (2).
7. The commission may establish:
(a) A method for resolving conflicts over the unlevied
amount of property taxes that may be levied pursuant to NRS 354.59811 ;
(b) A method for determining the highest and best
use of the unlevied amount of property taxes that may be levied pursuant to NRS 354.59811 , which must be based upon a
comparison of the public needs to be served by the proceeds from the proposed
debt or tax levy in a proposal submitted pursuant to NRS 350.014 and the public needs to be
served by other possible debts or tax levies by other municipalities whose
tax-levying powers overlap; and
(c) A procedure for allowing a municipality that
does not levy the maximum amount of property taxes which it may levy pursuant
to NRS 354.59811 to reserve a
percentage of the remaining allowable increase of property taxes for use in the
future and a procedure for determining whether to grant such a reservation. If
established, such procedures must:
(1) Allow all municipalities whose
tax-levying powers may be affected by such a reservation to enter objections to
such a reservation; and
(2) Provide a method for resolving
conflicts over the remaining allowable increase of property taxes between
municipalities whose tax-levying powers overlap, which must be based upon the
highest and best use for the remaining allowable increase of property taxes.
8. This section does not apply to any
proposal that is not expected to result in an increase in the rate of property
taxes in any jurisdiction.
9. As used in this section:
(a) Affected governmental entity means a
governmental entity:
(1) That has territory which overlaps the
territory of the municipality proposing the special elective tax or general
obligation debt;
(2) That is currently not levying the
maximum rate of property taxes which it may levy pursuant to NRS 354.59811 ; and
(3) For which the total combined tax rate
levied on the overlapping territory would exceed the limit set forth in NRS 361.453 if the current combined tax
rate levied on the overlapping territory is added to:
(I) The tax rate projected for the
special elective tax or general obligation debt being proposed by the
municipality; and
(II) The unlevied amount of property
taxes that currently may be levied by the governmental entity pursuant to NRS 354.59811 .
(b) Remaining allowable increase of property
taxes means the difference between the tax rate allowed for a municipality in
the current fiscal year pursuant to NRS
354.59811 minus the tax rate levied by the municipality in the current
fiscal year.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.