268.602 - Mandamus to compel city to extend services after annexation; costs; attorney’s fees. - Nevada Statutes

268.602  Mandamus to compel city to extend services after annexation; costs; attorney’s fees.

      1.  If, not earlier than 24 months after the effective date of the annexation, and not later than 27 months after the effective date of the annexation, any record owner of real property in the annexed territory believes that the annexing city has failed to follow through on its service plans, adopted under the provisions of paragraphs (a) and (d) of subsection 4 of NRS 268.578, with respect to extensions of services to be made at the expense of the annexing city, the property owner may apply to the district court having jurisdiction of the annexing territory for a writ of mandamus to compel the extension of those services.

      2.  The court may grant the relief prayed for in the application if:

      (a) The annexing city has not provided the services set forth in its plan submitted under the provisions of paragraph (a) of subsection 4 of NRS 268.578, on substantially the same basis and in the same manner as such services were provided by the annexing city to the property owners and residents within the remainder of the city on the effective date of the annexation; and

      (b) At the time the writ is sought, the services set forth in the plan submitted under the provisions of paragraph (a) of subsection 4 of NRS 268.578 are still being provided to the property owners and residents within the remainder of the city on substantially the same basis and in the same manner as on the effective date of the annexation.

      3.  The court may also grant the relief prayed for in the application if:

      (a) The plans submitted under the provisions of paragraph (d) of subsection 4 of NRS 268.578 require the extension of any services into the annexed territory to be made at the expense of the annexing city;

      (b) Contracts have not been let and construction has not begun; and

      (c) The applicant demonstrates that the need still exists for the extension of those services into the annexed territory.

      4.  If a writ is made permanent, the cost in the action, including reasonable attorney’s fees for the aggrieved person, must be assessed against the annexing city.

      (Added to NRS by 1967, 1608; A 1981, 347)