405.204 - Legislative findings and declaration; action by Attorney General authorized.
405.204 Legislative findings and declaration; action by Attorney General authorized.
1. The Legislature hereby finds and declares that the public interest of the State of Nevada is served by keeping accessory roads open and available for use by the residents of this state because:
(a) There exists within this state a large number of accessory roads;
(b) Accessory roads provide access for the control of fire on adjacent lands, the enforcement of laws by peace officers, search and rescue operations, medical personnel and ambulances, and public utilities;
(c) Accessory roads provide access to public lands for members of the general public; and
(d) Accessory roads enhance the taxable value of the private property served by such roads.
2. The Legislature therefore directs that, if an agency of the United States responsible for the lands over which an accessory road runs pursues the closing of an accessory road or demands a fee or permit for the use of an accessory road, the Attorney General may bring an action for a declaratory judgment as soon as practicable on behalf of:
(a) The State and its residents;
(b) Owners of lands served by the road;
(c) Holders of grazing rights served by the road; and
(d) All other users of the road,
Ê to vindicate the rights of all users to the unimpeded maintenance, use and enjoyment of the road, and the rights of owners of lands served by the road to just compensation for any closing found necessary.
(Added to NRS by 1993, 1403)