Nevada Revised Statutes 496.230 – Joint board of public agencies: Members, number and term; powers; expenditures; eminent domain
1. Public agencies acting jointly pursuant to this chapter shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. The number to be appointed, their term and compensation, if any, shall be provided for in the joint agreement.
Terms Used In Nevada Revised Statutes 496.230
- Air navigation facility: means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities. See Nevada Revised Statutes 496.020
- Airport: means any area of land or water which is used for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. See Nevada Revised Statutes 496.020
- Airport hazard: means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See Nevada Revised Statutes 496.020
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
- Public utility: means a person who operates any airline, broadcasting, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone or water business in this state and who conducts such a business for a public use. See Nevada Revised Statutes 496.020
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. Each joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
3. The joint board shall have power:
(a) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or any other facilities appertaining to the airport or airport hazard to be jointly acquired, controlled and operated.
(b) To contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles and other facilities and equipment which may interfere with the location, expansion, development or improvement of such airports, restricted landing areas, other air navigation facilities, and any other facilities appertaining to the airport, or with the safe approach thereto or takeoff therefrom by aircraft.
(c) To pay the cost of removal or relocation.
4. The board may exercise on behalf of its constituent public agencies all the powers of each with respect to such airport, air navigation facility, or other facilities, or airport hazard, subject to the limitations of this section.
5. The total expenditures to be made by the joint board for any purpose in any calendar year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before the preceding December 1.
6. No airport, air navigation facility, other facilities, airport hazard, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board; but the agencies exercising such power shall, in addition to the damage for the taking, injury or destruction of property, also pay the cost of removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location without the approval of the governing bodies of its constituent public agencies.
7. Eminent domain proceedings under this section may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common until conveyed by them to the joint board.
8. The joint board shall not dispose of any airport, air navigation facility, other facilities, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; but the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by NRS 496.090.
9. Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by NRS 496.130 shall become effective only upon approval of the governing bodies of the constituent public agencies; but upon such approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.