278.246 - City or county authorized to enter into certain actions if governing body has adopted master plan.

278.246  City or county authorized to enter into certain actions if governing body has adopted master plan.

      1.  Except as otherwise provided in subsection 2, a city or county whose governing body has adopted a master plan pursuant to NRS 278.220 may:

      (a) On its own initiative bring and maintain an action in its own name and on its own behalf; or

      (b) Intervene on behalf of or bring and maintain an action on the relation of, any person in any meritorious case,

Ê in any court or before any federal agency, if an action or proposed action by a federal agency or instrumentality with respect to the lands, appurtenant resources or streets that are located within the city or county impairs or tends to impair the traditional functions of the city or county or the carrying out of the master plan.

      2.  A city or county may not:

      (a) Bring and maintain an action pursuant to subsection 1 that would request a court to grant relief that would violate a state statute;

      (b) Participate in any proceeding of a federal agency pursuant to subsection 1 to request the federal agency to take any action that would violate a state statute; or

      (c) Bring or maintain an action pursuant to subsection 1 on behalf of this State or as representative of the interests of this State or any of its agencies.

      (Added to NRS by 1999, 1421)