Abandonment of Street, Right-of-way or Easement
Administrative Abandonment of Public Utility Easements
Churchill County Code 16.08.050.4(G) states that a "public utility easement" is an easement obtained by Churchill County or a public utility that is owned or controlled by Churchill County and that runs in favor of the county. Pursuant to NRS 278.480(10) and through the use of the procedure contained in this section, a public utility easement may be abandoned without a hearing of the Board of County Commissioners or the Planning Commission. The owner of property who seeks abandonment of a public utility easement involving his or her property shall file an application in writing with the Planning Department on the forms required by that department. The application shall also include a legal description and exhibit prepared and signed by a surveyor licensed in the State of Nevada. The Director of the Planning Department, or his or her designee, may issue a written order abandoning a public utility easement after:
- Receiving a complete application;
- Obtaining the written approval of the County Engineer or Surveyor, his or her designee, and
- Determining the subject public utility easement is no longer necessary or useful to Churchill County. The abandonment of a public utility easement pursuant to this section does not affect an easement held by a private utility company even if such private utility easement was created by the same instrument or it has the same legal description, and also does not affect an easement held by the public as distinguished from an easement held by Churchill County or a public utility owned or controlled by Churchill County. A decision of the Director made under this section may be appealed to the Board of County Commissioners.
Abandonment of Other Easements and Streets
According to CCC 16.08.050.4(H), any abutting property owner, or Churchill County, desiring the vacation or abandonment of any street or easement owned by Churchill County, shall file a petition (PDF), in writing, with the Planning Commission. Said petition shall be filed no less than forty-five (45) days prior to the day of the Planning Commission meeting and shall be accompanied by a legal description of the easement, a map depicting the easement, reason(s) why the easement is no longer required and a filing fee, the amount to be set by the Board of County Commissioners and amended from time to time. When completing the Petition form, applicant must include justification for abandonment.
An applicant must also submit a legal description of the subject easement and a map depicting the easement. The application should include a letter explaining why the easement should be abandoned.
The petition is reviewed at public hearings by both the Planning Commission and the County Commission; final decision made by the County Commission.