Nevada Code § 381.009

Acquisition or repatriation of abandoned property held by institution
Open in Lexace · Ask the AI about this section
1. Any property held by an institution for
3 years or more, to which no person has made claim, shall be deemed to be
abandoned and, except as otherwise provided in subsection 4, becomes the
property of the Division if the Administrator complies with the provisions of
subsection 2.
2. The Administrator shall cause to be
published in at least one newspaper of general circulation in the county in
which the institution is located at least once a week for 2 consecutive weeks a
notice and listing of the property. The notice must contain:
(a) The name and last known address, if any, of
the last known owner of the property;
(b) A description of the property; and
(c) A statement that if proof of a claim is not
presented by the owner to the institution and if the owners right to receive
the property is not established to the Administrators satisfaction within 60
days after the date of the second published notice, the property will be
considered abandoned and become the property of the Division.
3. If no claim has been made to the
property within 60 days after the date of the second published notice, title,
including literary rights, to the property vests in the Division, free from all
claims of the owner and of all persons claiming through or under the owner.
4. If property deemed to be abandoned
pursuant to subsection 1 is native Indian human remains or another cultural
item of an Indian tribe, the Administrator shall:
(a) Provide notice to and consult with each
applicable Indian tribe in the manner provided by NRS 381.0066 ;
(b) Determine which Indian tribe has the closest
cultural affiliation to the human remains or other cultural item, in the manner
provided by NRS 381.0067 ; and
(c) Return the human remains or other cultural
item to the closest culturally affiliated Indian tribe in the manner provided
by the repatriation process adopted pursuant to NRS 381.0069 , if a request for
repatriation is made.
5. To be deemed an object of cultural
significance, an object must have ongoing historical, traditional or cultural
importance central to an Indian tribe or culture itself, rather than property
owned by a member of an Indian tribe, and which, therefore, cannot be
alienated, appropriated or conveyed by any person, regardless of whether the
person is a member of the Indian tribe. The object must have been considered
inalienable by the Indian tribe at the time the object was separated from such
group.
6. As used in this section:
(a) Cultural item means human remains, a
funerary object, a sacred object or an object of cultural significance.
(b) Object of cultural significance means an
object which meets the qualifications of subsection 5.
(c) Sacred object means a historic or
prehistoric object that was or is needed by traditional religious leaders of an
Indian tribe for the practice of the traditional religion of an Indian tribe.

‹ 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.