Nev. Rev. Stat. § 277B.010 Short title.
This chapter may be known and cited as the Inland Port and Industrial Park Authority Act.
INLAND PORT AND INDUSTRIAL PARK AUTHORITY ACT
Nev. Rev. Stat. 277B
in effectNev. Rev. Stat. § 277B.020 Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 277B.030 to 277B.080, inclusive, have the meanings ascribed to them in those sections.
Nev. Rev. Stat. § 277B.030 Authority defined.
Authority means an inland port authority or industrial park authority created pursuant to this chapter.
Nev. Rev. Stat. § 277B.040 Board defined.
Board means the board of directors of an authority.
Nev. Rev. Stat. § 277B.045 Industrial park defined.
1. Industrial park means land, including, without limitation, all necessary rights, appurtenances, easements and franchises relating to such land, that is acquired and developed by a participating entity or authority for the establishment and location of a series of sites for plants and other buildings for industrial, distribution and wholesale use.
2. The term includes, without limitation, the acquisition and provision of water, sewage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad or docking facilities, to the extent such facilities are incidental to the use of the land as an industrial park.
Nev. Rev. Stat. § 277B.050 Inland port defined.
Inland port means an area located away from traditional borders but having direct access to highway, railway and air transport facilities and, if applicable, intermodal facilities.
Nev. Rev. Stat. § 277B.057 Municipality defined.
Municipality means any county or city in this State.
Nev. Rev. Stat. § 277B.060 Office defined.
Office means the Office of Economic Development created by NRS 231.043.
Nev. Rev. Stat. § 277B.070 Participating entity defined.
Participating entity means the board of county commissioners of a county or the governing body of an incorporated city.
Nev. Rev. Stat. § 277B.080 Undertaking defined.
Undertaking means any enterprise to acquire, improve or equip, or any combination thereof, in the case of a county or incorporated city with respect to any tax increment area created by an ordinance adopted pursuant to NRS 277B.393:
1. A drainage and flood control project, as defined in NRS 244A.027 ;
2. An overpass project, as defined in NRS 244A.037 ;
3. A sewerage project, as defined in NRS 244A.0505 ;
4. A street project, as defined in NRS 244A.053 ;
5. An underpass project, as defined in NRS 244A.055 ;
6. A water project, as defined in NRS 244A.056 ;
7. A rail project, as defined in NRS 278C.105 ;
8. An airport project; or
9. A utility project.
Nev. Rev. Stat. § 277B.100 Legislative findings and declarations.
The Legislature hereby finds and declares that the creation of an inland port:
1. Is essential to:
(a) Develop and diversify the economy of the State;
(b) Provide employment opportunities for Nevadans; and
(c) Develop and expand transportation and commerce in this State.
2. Will facilitate commerce and economic development in this State through:
(a) Strategic investment in multimodal transportation assets; and
(b) Comprehensive planning, development, management and operation of facilities and supporting infrastructure for transportation, commercial processing and domestic and international trade.
Nev. Rev. Stat. § 277B.110 Construction of chapter.
This chapter shall be liberally construed in order to facilitate economic development, trade and commerce in the State of Nevada.
Nev. Rev. Stat. § 277B.150 Creation: Requirements concerning boundaries.
1. Subject to the requirements set forth in NRS 277B.150 to 277B.180 , inclusive, an inland port or industrial park may be created only in a contiguous area that:
(a) Includes at least two of the following:
(1) A municipally owned airport with a runway of at least 5,001 feet.
(2) A portion of a highway that is part of the National Highway System.
(3) Operating assets of at least one Class I railroad as classified by the Surface Transportation Board.
(b) Does not include any residential property.
(c) In the case of an industrial park, may include property adjacent to the industrial park but may only include property that includes or is adjacent to an inland port.
2. All areas within the boundaries of an inland port or industrial park must be within the boundaries of the county or counties and incorporated city or cities, as applicable, of the one or more participating entities which apply to the Office pursuant to NRS 277B.160 for the creation of the inland port or industrial park.
3. If the boundaries of an inland port or industrial park will include a municipally owned airport as described in subparagraph (1) of paragraph (a) of subsection 1:
(a) The municipality that owns and operates the airport must be a participating entity; or
(b) If the municipality that owns and operates the airport is not a participating entity, the municipality, by ordinance, must approve of the inclusion of the airport within the boundaries of the inland port or industrial park.
Nev. Rev. Stat. § 277B.160 Creation: Application; approval.
1. One or more participating entities may apply to the Office to create, operate and maintain an inland port or industrial park and authority. In a county whose population is 700,000 or more, only the board of county commissioners of the county may apply to the Office to create, operate and maintain an inland port or industrial park and authority within the boundaries of the county, including the boundaries of any incorporated city within the county.
2. A participating entity is eligible to apply to the Office pursuant to subsection 1 if the county or incorporated city, as applicable, of the participating entity is located in whole or in part within the proposed boundaries of the inland port or industrial park.
3. The Office may:
(a) Approve the creation of an inland port or industrial park and authority if the Office determines that the proposed inland port or industrial park and authority will serve the economic interests of this State.
(b) With the approval of the Board of Economic Development created by NRS 231.033 , initiate the creation of an inland port or industrial park, as applicable, and authority.
Nev. Rev. Stat. § 277B.170 Creation: Public hearings after approval; notice.
1. If the Office approves the creation of an inland port or industrial park and authority pursuant to NRS 277B.160 , each participating entity shall hold at least two public hearings to discuss the creation of the inland port or industrial park and authority.
2. The participating entity shall give notice of the hearing by publication in a newspaper published in the county not later than 7 days before the hearing. The notice must include, without limitation:
(a) The date, time and place for the hearing;
(b) The boundaries of the proposed inland port or industrial park, including, without limitation, a map of the proposed inland port or industrial park; and
(c) The powers of the proposed authority.
Nev. Rev. Stat. § 277B.180 Creation: Ordinance.
If a participating entity obtains approval of the Office for the creation of an inland port or industrial park and authority pursuant to NRS 277B.160, the participating entity shall create the inland port or industrial park and authority by ordinance. The ordinance must include, without limitation:
1. A description of the boundaries of the inland port or industrial park;
2. The location of the principal office of the authority;
3. The name of the inland port or industrial park and authority; and
4. The number of directors who will compose the board of the authority pursuant to NRS 277B.200 .
Nev. Rev. Stat. § 277B.190 Withdrawal; dissolution.
1. If a participating entity wishes to withdraw from an authority with regard to which there is more than one participating entity, the participating entity shall:
(a) Adopt an ordinance providing for the withdrawal;
(b) Obtain approval from the board; and
(c) Give notice to the other participating entity or entities of its intent to withdraw,
Ê at least 6 months before the date on which the withdrawal would be effective.
2. Upon the withdrawal of a participating entity from the authority pursuant to subsection 1:
(a) The boundaries of the inland port or industrial park must be adjusted by the other participating entity or entities to comply with the provisions of NRS 277B.150 ; or
(b) The authority must be dissolved pursuant to subsection 3 as soon as practicable.
3. An authority is dissolved if:
(a) The dissolution is approved by the board;
(b) Each participating entity agrees to the dissolution;
(c) All debts and other liabilities of the authority have been paid or discharged, or adequate provision has been made for the payment of all debts and other liabilities;
(d) There are no suits pending against the authority, or adequate provision has been made for the satisfaction of any judgment, order or decree that may be entered against the authority in any pending suit; and
(e) The authority has a commitment from another governmental entity to assume jurisdiction of all property of the authority.
Nev. Rev. Stat. § 277B.200 Governance of authority; membership; appointment; terms; reappointment; vacancies.
1. An authority must be governed by a board of directors with an odd-numbered membership set by the participating entity or entities. If there is more than one participating entity, the membership of the board of directors must be agreed to by all of the participating entities. The board of directors must be composed of:
(a) One director appointed by each county that is a participating entity, if any;
(b) One director appointed by each city that is a participating entity, if any;
(c) One director appointed by the Governor, if none of the participating entities is an incorporated city;
(d) If the authority includes a municipally owned airport described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 277B.150 , one director appointed by:
(1) In a county whose population is 700,000 or more, the department of aviation of the county; or
(2) In a county whose population is less than 700,000, the governing body of the airport authority, if any, and if there is not an airport authority, by the governing body of the municipality which owns the airport; and
(e) Any other directors appointed in accordance with this section and as provided in an ordinance adopted by a participating entity pursuant to NRS 277B.180 .
2. A director must reside within the boundaries of the participating entity that appoints him or her.
3. The following persons are not eligible to be appointed to a board:
(a) An elected official of any governmental entity.
(b) An employee of a participating entity.
4. Except as otherwise provided in this section, the directors described in subsection 1 must be appointed to terms of 4 years. The terms must be staggered in such a manner that, to the extent possible, the terms of one-half of the directors will expire every 2 years. The initial directors of the authority shall, at the first meeting of the board after their appointment, draw lots to determine which directors will initially serve terms of 2 years and which will serve terms of 4 years. A director may be reappointed.
5. A vacancy occurring during the term of a director must be filled by the appointing participating entity for the unexpired term as soon as is reasonably practicable.
Nev. Rev. Stat. § 277B.210 Officers; per diem and travel expenses.
1. The board shall annually elect a chair and vice chair. The vice chair presides in the absence of the chair.
2. The board may elect any other officers that it considers appropriate.
3. Each director serves without compensation and, while engaged in the business of the board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Nev. Rev. Stat. § 277B.220 Meetings: Quorum; compliance with Open Meeting Law.
1. A majority of the board constitutes a quorum for the transaction of business. If a vacancy exists on the board, a majority of directors serving on the board constitutes a quorum.
2. All meetings of an authority must be conducted in accordance with the provisions of chapter 241 of NRS.
Nev. Rev. Stat. § 277B.300 Joint acts.
An authority may act jointly with any other person, private or public, inside or outside this State or the United States, in the performance of any power or duty under this chapter.
Nev. Rev. Stat. § 277B.310 Agreements: Generally.
An authority may enter into an agreement with any person, including, without limitation, the United States or any other governmental entity, for any purpose of the authority.
Nev. Rev. Stat. § 277B.320 Adoption of bylaws for governance of authority; certain agreement authorized; uses and alterations of transportation routes and utilities; certain acts regarding highways, railroads or airports or in violation of federal requirements prohibited.
1. The governing body of an authority shall adopt bylaws for the governance of the authority, and shall not impose any fees unless at least two-thirds of the members of the governing body approve the imposition of the fee.
2. An authority may enter into an agreement that provides for the lease of rights-of-way, the granting of easements or the issuance of franchises, concessions, licenses or permits.
3. Except as otherwise provided in subsections 4, 5 and 6, with the consent of any county, city or other governmental entity, an authority may:
(a) Use streets, alleys, roads, highways and other public ways of the county, city or other governmental entity; and
(b) Relocate, raise, reroute, change the grade of or alter, at the expense of the authority:
(1) A street, alley, highway, road or railroad;
(2) Electric lines and facilities;
(3) Telegraph and telephone properties and facilities;
(4) Pipelines and facilities;
(5) Conduits and facilities; and
(6) Other property,
Ê as necessary or useful in the construction, reconstruction, repair, maintenance and operation of the inland port or industrial park, as applicable.
4. An authority may not alter:
(a) A highway that is part of the state highway system without the consent of the Department of Transportation.
(b) A railroad without the consent of the railroad company.
(c) A municipally owned airport.
5. If an inland port or industrial park includes a municipally owned airport:
(a) An authority may not interfere with or exercise any control over commercial air transportation operations or airlines that operate at the airport; and
(b) The airport authority, department of aviation or other existing governing body that owns or manages the airport retains such ownership or management control.
6. Nothing in this section authorizes an authority to perform any action in violation of any requirement of federal law or condition to the receipt of federal money.
Nev. Rev. Stat. § 277B.330 Purchase of insurance.
An authority may purchase and pay premiums for insurance of any type in an amount considered necessary or advisable by the board.
Nev. Rev. Stat. § 277B.340 Marketing, advertisement and promotion of use of inland port or industrial park.
An authority may market, advertise and promote the use of the inland port or industrial park that the authority constructs, owns, operates, regulates or maintains.
Nev. Rev. Stat. § 277B.350 Compensation for use of facilities of authority; acceptance of funding, grants and donations.
1. An authority shall establish and maintain rates, rentals, fees, charges or other compensation that is commercially reasonable and nondiscriminatory for the use of the facilities owned, constructed, operated, regulated or maintained by the authority.
2. An authority may accept any public or private funding, grant or donation.
Nev. Rev. Stat. § 277B.360 Reporting to Office of Economic Development.
At the request of the Office, an authority shall report to the Office on all issues and activities necessary for the administration of the authority.
Nev. Rev. Stat. § 277B.370 No power of eminent domain.
An authority may not exercise the power of eminent domain.
Nev. Rev. Stat. § 277B.380 No power to provide or duplicate certain services.
An authority may not provide retail utility services or duplicate a service or facility of another governmental entity.
Nev. Rev. Stat. § 277B.390 No power to develop, operate or maintain toll road.
Notwithstanding any provision of this chapter to the contrary, an authority may not develop, operate or maintain a toll road.
Nev. Rev. Stat. § 277B.393 Creation by participating entities; authority to enter interlocal or cooperative agreement; amendments; levying of taxes; requirements; expiration of area.
1. If an inland port or industrial park is created by one participating entity, the participating entity, on behalf of the county or incorporated city in which the inland port or industrial park is located, may adopt an ordinance creating a tax increment area within the inland port or industrial park consisting of all or any portion of the inland port or industrial park for the purpose of creating a special account for the payment of bonds or securities issued or loans, money advanced or indebtedness incurred to defray the costs of an undertaking, as supplemented by the Local Government Securities Law.
2. If an inland port or industrial park is created by two or more participating entities, the participating entities may enter into an interlocal or cooperative agreement for the ordering of an undertaking whose boundaries encompass all or part of the inland port or industrial park and the creation of a tax increment area and the tax increment account pertaining thereto. A tax increment area created pursuant to this subsection must be administered as provided in the interlocal or cooperative agreement, notwithstanding any provision of this section to the contrary. If the participating entities enter into an interlocal or cooperative agreement pursuant to this subsection, the participating entities may, in accordance with the procedures set forth in the interlocal or cooperative agreement:
(a) Jointly take any action required to be taken by a participating entity for the creation of a tax increment area pursuant to this section, except that each participating entity must adopt an ordinance in order to create the tax increment area;
(b) Enter into contracts for the undertaking; and
(c) Issue bonds or otherwise finance the cost of the undertaking.
3. A participating entity may amend an ordinance creating a tax increment area pursuant to this section by adopting a supplemental ordinance to:
(a) Modify the undertaking by specifying new undertakings or removing or modifying undertakings specified in the original ordinance.
(b) Add areas to or remove areas from a tax increment area.
Ê The amount of taxes to be allocated to a tax increment account pursuant to subsection 5 must be computed separately for the original tax increment area and each addition of land thereto.
4. A participating entity shall not adopt an ordinance creating a tax increment area pursuant to this section unless:
(a) The board has determined that the undertaking described in the ordinance is necessary or desirable to further the purposes of the inland port or industrial park.
(b) The participating entity makes a finding at a public hearing that the undertaking will benefit the inland port or industrial park.
5. After the effective date of the ordinance adopted pursuant to subsection 1, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the State, the municipality and any public body must be divided as follows:
(a) That portion of the taxes that would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the last equalized assessment roll used in connection with the taxation of the property by the taxing agency, must be allocated to, and when collected must be paid into, the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid.
(b) Except as otherwise provided in this section, the portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) must be allocated to, and when collected must be paid into, the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the tax increment area as shown by the last equalized assessment roll referred to in this subsection, all of the taxes levied and collected upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the tax increment area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.
6. The portion of the taxes levied each year in excess of the amount determined pursuant to paragraph (a) of subsection 5 which is attributable to any tax rate levied by a taxing agency:
(a) To produce revenue in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness that was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the debt service fund of that taxing agency.
(b) In excess of any tax rate of that taxing agency applicable to the last taxation of the property before the effective date of the ordinance, if that additional rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of that taxing agency.
(c) Pursuant to NRS 387.3285 or 387.3287 , if that rate was approved by a majority of the registered voters within the area of the taxing agency voting upon the question, must be allocated to, and when collected must be paid into, the appropriate fund of the taxing agency.
(d) For the support of the public schools within a county school district pursuant to NRS 387.195 , must be allocated to, and when collected must be paid into, the State Education Fund.
7. The provisions of paragraph (a) of subsection 6 include, without limitation, a tax rate approved for bonds of a county school district issued pursuant to NRS 350.020 , including, without limitation, amounts necessary for a reserve account in the debt service fund.
8. A tax increment area must expire not more than 30 years after the date on which the ordinance which creates the area becomes effective.
9. As used in this section, the term last equalized assessment roll means the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.
Nev. Rev. Stat. § 277B.395 Authority to issue securities; types; terms; debt limitations; net pledged revenues.
1. To defray in whole or in part the cost of any undertaking, a participating entity may issue the following securities:
(a) Notes;
(b) Warrants;
(c) Interim debentures;
(d) Bonds; and
(e) Temporary bonds.
2. Any net revenues derived from the operation of an undertaking supported by the issuance of securities pursuant to this section must be pledged for the payment of the securities. The securities must be made payable from any such net pledged revenues as the bond requirements become due from time to time by the bond ordinance, trust indenture or other proceedings that authorize the issuance of the securities or otherwise pertain to their issuance.
3. Securities issued pursuant to this section:
(a) Must be made payable from tax proceeds accounted for in the tax increment account maintained by the participating entity pursuant to NRS 277B.393 ; and
(b) May, at the option of the participating entity and if otherwise so authorized by law, be made payable from the taxes levied by the participating entity against all taxable property within the boundaries of the participating entity.
Ê A participating entity may also issue general obligation securities other than the ones authorized by this chapter that are made payable from taxes without also making the securities payable from any net pledged revenues or tax proceeds accounted for in the tax increment account maintained by the participating entity pursuant to NRS 277B.393 .
4. Any securities payable only in the manner provided in either paragraph (a) of subsection 3 or in both subsection 2 and paragraph (a) of subsection 3:
(a) Are special obligations of the participating entity and are not in their issuance subject to any debt limitation imposed by law;
(b) While they are outstanding, do not exhaust the debt incurring power of the participating entity; and
(c) May be issued under the provisions of the Local Government Securities Law without any compliance with the provisions of NRS 350.020 to 350.070 , inclusive, except as otherwise provided in the Local Government Securities Law, only after the issuance of municipal bonds is approved under the provisions of NRS 350.011 to 350.0165 , inclusive.
5. Any securities payable from taxes in the manner provided in paragraph (b) of subsection 3, regardless of whether they are also payable in the manner provided in paragraph (a) of subsection 3 or in both subsection 2 and paragraph (a) of subsection 3:
(a) Are general obligations of the participating entity and are in their issuance subject to such debt limitation;
(b) While they are outstanding, do exhaust the power of the participating entity to incur debt; and
(c) May be issued under the provisions of the Local Government Securities Law only after the issuance of municipal bonds is approved under the provisions of:
(1) NRS 350.011 to 350.0165 , inclusive; or
(2) NRS 350.020 to 350.070 , inclusive,
Ê except for the issuance of notes or warrants under the Local Government Securities Law that are payable out of the revenues for the current year and are not to be funded with the proceeds of interim debentures or bonds in the absence of such bond approval under the two acts designated in subparagraphs (1) and (2).
Nev. Rev. Stat. § 277B.397 Limitation on revenue from taxes ad valorem not applicable.
The allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does not apply to a tax increment area created pursuant to this chapter.
Nev. Rev. Stat. § 277B.399 Applicability to undertaking of provisions governing payment of prevailing wage.
The provisions of NRS 338.013 to 338.090, inclusive, apply to any construction work to be performed under any contract or other agreement related to any undertaking pursuant to this chapter. With respect to the undertaking, the participating entity, the owner of any property within a tax increment area created pursuant to this chapter, the developer, any contractor who is awarded the contract or enters into the agreement to perform the construction work and any subcontractor who performs any portion of the construction work related to such an undertaking shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the participating entity had undertaken the undertaking or had awarded the contract.
Nev. Rev. Stat. § 277B.400 Venue for actions against authority.
An action against an authority must be brought in the county in which the principal office of the authority is located.
Nev. Rev. Stat. § 277B.410 Conveyance of real property rights by governmental entity to authority.
The governing body of a county, city or other governmental entity may convey title or rights and easements to any real property to an authority to effect any purpose of the authority.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-277B.htmlFetched: 10/4/2026