Jim Valentine: More on Nevada living

Jim Valentine on Real Estate

Jim Valentine on Real Estate

We not only have a lot of new neighbors moving to our state these days, but we also have a lot of folks who have lived here a long time that have had their horizon shrunken due to COVID-19, the impact of inflation on their financial frivolity, and life in general.
With that in mind, we periodically like to chat about idiosyncrasies in Nevada living. This is one of those times.
We all enjoy realizing where we can save money in taxes. NRS 361.078 provides for an exemption of residential property containing shelter protecting against radioactive fallout. Yes, if you own and reside in your property, and it contains a shelter that protects against radioactive fallout, and the shelter is big enough to protect the number of persons who normally occupy the residence, and the shelter provides at least 40 times more protection against radiation to a person inside the shelter than outside the shelter, you can benefit tax-wise.
Use caution when leasing your agricultural land. NRS 40.260 allows for a tenant that has held over and retained possession for more than 60 days after the expiration of the tenant’s term without any demand that they move to be deemed to be holding by permission and shall be entitled to hold over under the terms of the lease for another full year. Sounds funny, but it’s true. Be sure to follow up with your tenant at the end of the term if you are intending to occupy or lease to another party or you could have your plans delayed a full year.
NRS 568.360 says no person owning or controlling or in possession of any domestic animal running on open range has the duty to keep the animal off any highway traversing or located on the open range, and they are not liable for damages to any property or injury caused by a collision between a motor vehicle and the animal occurring on the highway. They are, however, liable for damages occurring when such animal enters a fenced right of way of a highway. Reads kind of funny for sure, but basically it says that if you hit a cow on the road the owner isn’t liable. In fact, if you do, you owe the rancher for the cow.
NRS 568.370 makes it unlawful to permit a dog to chase, worry, injure, or kill domestic animals on open range or private property, herding animals working with the permission of the livestock owner excepted. If you live near a cattle ranch, control your dog. You might get a warning, you might not, before the rancher steps up to protect his cattle. Watch your animals – we live in the west and livestock prevails.
Open Range law goes on to say that an owner or manager of livestock is not liable for any property damage caused by trespass livestock unless the damaged property is enclosed by a legal fence. NRS 569.431 defines a “legal fence” as a fence with not less than four horizontal barriers, consisting of wires, boards, poles, or other fence material in common use in the neighborhood with posts set not more than 20 feet apart. It continues with criteria, but you get the point already… you must fence out in Nevada.
Some of Nevada’s quirks are related to the mining and agricultural businesses in both a historical and a present-day sense. Some urban areas are becoming more populated to a point where the rural characteristic laws don’t really apply but they are still on the books. Other areas are still essentially rural in character, but the population increases of recent times are initiating transitions such that some quirky laws are still applicable while others not practical to enforce in reality. It is always, however, a good idea to know what the law is in case you are faced with a situation that requires you to take the correct action.
Nevada’s esoteric laws are not only part of its history but are an essential part of its character that makes it the place we call home. After all, “Home Means Nevada!”
When it comes to choosing professionals to assist you with your Real Estate needs… Experience is Priceless! Jim Valentine, RE/MAX Realty Affiliates, 775-781-3704. dpwtigers@hotmail.com.

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