704A.230 - Objections to establishment of service district.
704A.230 Objections to establishment of service district.
1. Any person owning real property within the proposed service district who wishes to object to the establishment of the proposed service district or to the costs thereof as contained in the joint report pertaining to the person’s lot or parcel included within the proposed service district shall, before the date set for the hearing, file written objections with the clerk.
2. In considering objections, the governing body shall be governed by the following:
(a) Each paper containing signatures shall have attached thereto an affidavit of an owner of real property within the proposed service district stating that each signature was affixed in the owner’s presence and is the signer’s genuine signature.
(b) An objection shall be counted only for the real property described as belonging to the signer. An objection without a description shall not be counted.
(c) The signature of one cotenant, or if community property, the signature of either spouse, is sufficient for an objection.
(d) An objection signed by a guardian, executor, administrator or trustee is valid without an order of court therefor.
(e) An objection by a person in possession under a contract of purchase is valid.
(f) When several persons have a claim to or an interest in real property, the signature of any of them is sufficient unless questioned by another having a claim or interest, whereupon the wishes of the person legally entitled to possession of the real property at the date of the objection controls.
(g) An objection signed by an agent or attorney-in-fact shall be disregarded unless the authority of the agent has been recorded with the county recorder or written or telegraphic authority is attached to the objection before expiration of the time for filing the objection.
(h) An objection may be withdrawn by filing a withdrawal with the clerk before 5 p.m. of the last day for the filing of objections.
(i) The signature of a cotenant, spouse, claimant or person interested may be questioned, and the authority of an agent or attorney-in-fact may be questioned, at any time before the governing body finally passes upon the sufficiency of the objection, but the authority of an agent or attorney-in-fact may not be revoked as to a signature after the expiration of the period in which objections may be filed.
(Added to NRS by 1971, 1236)