Statute: Nevada Revised Statutes, Title 32 — Revenue and Taxation, Chapter 361a Taxes on Agricultural Real Property and Open Space
Purpose of Assessment: Tax fairness (mandated by NV constitution at Art 10, § 1) and promoting agriculture and open-space. N.R.S. 361A.090.
Method of Assessment: If property is to be assessed as open-space real property, the county assessor determines its value for open-space use and assesses it for taxes to be collected in the ensuing fiscal year at 35% of that value. N.R.S. 361A.220.
Application: Burden on landowner to file application by June 1 of the first year for which current use status is sought. Land must be within an area classified under the zoning laws and subject to regulations designed to promote conservation, open space, and the protection of other natural and scenic resources. N.R.S. 361A.040; 361A.170. After receiving the petition, the county commissioners, or if the parcel is located within a city, the governing body of the city must consider the petition at a public hearing. N.R.S. 361A.200. The commission or governing body are permitted to weigh the benefit afforded by the parcel’s continuing use as an open space against the loss of revenue that would result from approving the petition. N.R.S. 361A.200. The body may also approve the application with respect to only part of the parcel, but in such a case the applicant may withdraw the entire application.
Renewal: Landowner does not need to reapply each year unless there is a change in ownership or a division of the property. N.R.S. 361A.190.
Area Requirements: Not required, but may be established locally.
Plan Requirements: Not required, but may be established locally.
Unique or Functional Characteristics
a) State law permits, but does not require governing bodies to develop criteria to use in deciding whether to approve an application, which may include requirements respecting public access and minimum acreage.
b) This is perhaps the only state that specifically outlines a cost-benefit-analysis for application approval. N.R.S. 361A.200.
c) The boards evaluating petitions are also entitled to set conditions on the approval of the application. Presumably, access issues would be a prime candidate.