405.191 - “Public road” defined; county roads and highways may be established on rights-of-way over certain public lands.

405.191  “Public road” defined; county roads and highways may be established on rights-of-way over certain public lands.  As used in NRS 405.193 and 405.195, “public road” includes:

      1.  A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency.

      2.  Any way which exists upon a right-of-way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932, commonly referred to as R.S. 2477), and accepted by general public use and enjoyment before, on or after July 1, 1979. Each board of county commissioners may locate and determine the width of such rights-of-way and locate, open for public use and establish thereon county roads or highways, but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right-of-way pursuant to former 43 U.S.C. § 932.

      3.  Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.

      (Added to NRS by 1979, 1174; A 1981, 923; 1993, 1427; 1997, 1615)