NAC408.307. Conditions for use of money received from State or Federal Government.

     1. Money which is received from the State or Federal Government for projects and administered by the Department may be used to reimburse a utility for the costs of relocating its facility, including any preliminary engineering services required by the Department’s project, if:

     (a) The utility has a right of occupancy in its existing location because it holds the fee, an easement or any other interest in real property which is compensable under eminent domain;

     (b) The utility occupies publicly owned lands which have not or will not be purchased by the Department, including public roads or street rights-of-way, pursuant to an agreement with a city, county or state agency if money is available for relocation;

     (c) The utility is owned by a public agency or political subdivision of the State and occupies publicly owned land, including public roads and street rights-of-way, and is not required by state law or agreement to relocate at its expense if the facility is not located pursuant to provisions of NRS 408.423;

     (d) The utility occupies private property and has a prescriptive easement for that property;

     (e) The utility occupies private property with the knowledge and consent of the owner of the property pursuant to a license or other form of consent;

     (f) For a project of a local government administered by the Department for highways which is not owned or maintained by the Department, any available federal money may be used for the cost of relocation occupying local streets and roads pursuant to a franchise agreement or any other agreement between a local government and the utility if:

          (1) The agreement specifically provides for appropriate pro rata participation by any available federal money; and

          (2) The utility furnishes to the Department a copy of its agreement for reimbursement; or

     (g) The utility occupies a right-of-way for a state highway and the occupancy was established pursuant to NRS, a franchise agreement or other agreement before the highway became a state highway.

     2. A utility which claims a right of occupancy pursuant to:

     (a) Paragraph (a) of subsection 1, must submit to the Department proof of its right of occupancy.

     (b) Paragraph (b) of subsection 1, must furnish proof to the Department of the agreement with a local government to occupy the publicly owned land.

     (c) Paragraph (d) of subsection 1, must submit to the Department a statement signed by an officer of the utility under penalty of perjury declaring its prescriptive easement.

     (d) Paragraph (e) of subsection 1, must furnish proof to the Department of the owner’s permission to occupy the privately owned land.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95)