Nevada Revised Statutes
Chapter 540A - Regional Planning and Management
NRS 540A.285 - Determination by board conclusive and incontestable in absence of fraud or gross abuse of discretion; review of determination by district court.


1. A determination by the board pursuant to NRS 540A.250 to 540A.285, inclusive, including a determination of the boundaries of a district for remediation or any expansion thereof, determination of the costs of developing or carrying out a plan for remediation, determination of the apportionment of the fee to recover those costs pursuant to NRS 540A.265, determination of the amount of any fee or tax pursuant to NRS 540A.265, determination as to guidelines for the provision of any reimbursement of the cost of remediation pursuant to NRS 540A.270, determination of the amount of any reimbursements and any determinations made in connection with the issuance of bonds pursuant to NRS 540A.267, is conclusive and incontestable in the absence of fraud or gross abuse of discretion.
2. A property owner or other person who is aggrieved by a determination of the board pursuant to NRS 540A.250 to 540A.285, inclusive, may seek review of the determination in the district court in and for the county within 15 days after the board makes the determination. Such a review may not be sought after the expiration of that period. If, in such an appeal, the court finds that the determination was a result of fraud or gross abuse of discretion, it shall remand the matter to the board for a new determination. If the court does not find the determination was a result of fraud or gross abuse of discretion, it shall uphold the action of the board.
(Added to NRS by 1997, 1334)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 540A - Regional Planning and Management

NRS 540A.010 - Definitions.

NRS 540A.020 - Applicability of chapter.

NRS 540A.030 - Boundaries of region.

NRS 540A.040 - Super majority required for actions governed by this chapter.

NRS 540A.050 - Grants; contracts; employees; disposition of property.

NRS 540A.240 - Acquisition and use of water rights and other sources of water in accordance with plan; imposition of charge by board.

NRS 540A.250 - Creation of district for remediation; recovery of expenses.

NRS 540A.260 - Preparation and approval of plan for remediation; duty of board to determine costs of developing and carrying out plan; liability of owner or lessee of property.

NRS 540A.262 - Prerequisites to determining, expanding or amending boundaries of district for remediation: Hearing; publication of notice of hearing; adoption of ordinance; certain bonds or financial obligations paid in full; territory not required t...

NRS 540A.265 - Determination of annual fee for properties within district for remediation; collection and enforcement of fee; duty of persons who sell water to provide board with list of clients; power of board to impose ad valorem tax on property wi...

NRS 540A.267 - Power of board to issue bonds or otherwise become obligated to pay costs of developing and carrying out plan for remediation; bonds or other obligations secured by certain fees or taxes.

NRS 540A.269 - Applicability of chapters 332 and 338 of NRS to contract for plan for remediation; county ownership of property on which remediation equipment or improvements are located not required if certain conditions met.

NRS 540A.270 - Reimbursement of expenses to identify, study and remedy condition if costs and expenses in conformity with plan; establishment of criteria for reimbursement; reimbursement subject to availability of proceeds from certain bonds, fees or...

NRS 540A.280 - State Department of Conservation and Natural Resources authorized to recover costs of remediation from person who caused or contributed to condition requiring remediation; priority of distribution of money recovered from responsible pe...

NRS 540A.285 - Determination by board conclusive and incontestable in absence of fraud or gross abuse of discretion; review of determination by district court.