Here are some frequently asked questions about the proposed annexation of county properties.
Question: Why is the city annexing these areas?
Answer: It is clear in NRS 268.572 (see below) that property developed in urban areas should be annexed into a municipality for provision of local government services. Every property owner in Clark County pays property tax to the county for regional services. The majority of all land in Clark County was developed in a town or an incorporated city. This was intentional as prescribed by state statute in order to provide for urban public services. In fact, 98.3 percent of all residents live in a town or in a city on property whose owner pays a property tax for urban services.
The property owners in the territory being considered for annexation are among the 1.7 percent of property owners who do not pay for town or city services, paid for by the 98 percent of property owners who pay county town or city property tax. The proposed annexation will end decades-long subsidies paid for by city of Las Vegas residents.
Question: How much will city revenues increase, and how much will a typical property owner’s tax increase?
Answer: The subsidy that city residents pay to provide services to property owners within the territory proposed for annexation is estimated to be approximately $450,000 - $500,000 per year. Based on the average taxable value for property with improvements in the territory, it is estimated that property owners will pay an additional $143 - $160 annually per $100,000 taxable value. The average taxable value for properties with improvements in the territory is $213,000. That equates up to $341 per year, or just over $28 per month on average, which will increase property tax revenues to the city approximately up to $500,000 annually. The additional revenues will go to support council priorities including fire, city marshals, the development, operation and maintenance of parks and community centers, roadways, sidewalks and other city infrastructure.
Question: Will property owners lose their tax abatement?
Answer: Based on correspondence between the city’s Finance Department and the Clark County Treasurer’s office, and based on evaluation of the tax treatment of properties recently annexed to the city, property owners will not lose any of their abatement.
The relevant statute prescribing annexation is NRS 268.572:
NRS 268.572 Legislative declaration. It is hereby declared as a matter of legislative determination that:
1. Sound urban development is essential to the continued economic development of this State.
2. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and welfare in areas being used for residential, commercial, industrial, institutional and governmental purposes, or in areas undergoing such development.
3. Municipal boundaries should be extended, in accordance with legislative standards, to include such areas and to provide the high quality of governmental services needed therein for the protection of the public health, safety and welfare.
4. Areas annexed to municipalities in accordance with such uniform legislative standards should receive the services provided by the annexing municipality as soon as possible following the annexation.
5. Areas annexed to municipalities should include all of the urbanized unincorporated areas adjacent to municipalities, and piecemeal annexation of unincorporated areas should be avoided, securing to residents within the area proposed to be annexed the right of protest.
(Added to NRS by 1967, 1601)
Question: How will the city determine if opposition is sufficient to stop the annexation?
Answer: If a majority of property owners oppose the annexation, the city cannot move forward with the action. Majority of Property owners is defined in NRS 268.574:
NRS 268.574 Definitions. As used in NRS 268.570 to 268.608, inclusive:
1. “Contiguous” means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the State or by the State of Nevada.
2. “Lot or parcel” means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the county in which the territory proposed to be annexed is situated. If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by reference to the zoning ordinance of the annexing municipality.
3. “Majority of the property owners” in a territory means the record owners of real property:
(a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and
(b) Whose combined area is greater than 50 percent of the total area of the territory, excluding lands held by public bodies.
4. A lot or parcel of land is “used for residential purposes” if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.
(Added to NRS by 1967, 1602; A 1971, 277; 2003, 2783)
Question: If the property is held in community property, does the husband have to sign the opposition?
Answer: NRS 268.594 describes how a protest is determined to be sufficient. However, this provision was amended in the 2017 legislature as follows:
AB229 amended NRS 268.594 2. (a) to read: “(a) As community property, if it is signed by [the husband.] one spouse.”
NRS 268.594 Determination of number and identity of owners of real property; sufficiency of petitions and protests.
1. Whenever it is necessary for the purposes of NRS 268.570 to 268.608, inclusive, to determine the number or identity of the record owners of real property in a territory proposed to be annexed, a list of such owners, certified by the county assessor on any date between the institution of the proceedings, as provided in NRS 268.584, and the public hearing, as provided in NRS 268.590, both dates inclusive, shall be prima facie evidence that only those persons named thereon are such owners.
2. A petition or protest is sufficient for the purposes of NRS 268.570 to 268.608, inclusive, as to any lot or parcel of real property which is owned:
(a) As community property, if it is signed by the husband.
(b) By two persons, either natural or artificial, other than as community property, if signed by both such owners.
© By more than two persons, either natural or artificial, if signed by a majority of such owners.
(d) Either wholly or in part, by an artificial person, if it is signed by an authorized agent and accompanied by a copy of such authorization.
(Added to NRS by 1967, 1607)
Approximate cost of supplies (toner, envelopes, tape, copies, labels, etc…)
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Annexation Frequently Asked Questions
Annexation Frequently Asked Questions
We wanted to clear up some misconceptions about the annexations, so we answer some of the frequently asked questions below:
Why are you annexing me into the city?
Past annexation patterns have left small “piecemeal” islands surrounded by the city. In order to better plan for and to provide services evenly throughout the community, state law encourages cities to avoid these “piecemeal” annexation and to annex all of the urbanized unincorporated areas adjacent to a city that are not part of a township (NRS 268.572). The territories identified to be annexed are relatively small areas that are completely or mostly surrounded by the city, near the urban core of the city.
Why now? Why are you annexing now after all this time?
The city and county have worked together for years to develop agreements and plans for services these areas. The areas identified to be annexed are areas most efficiently served by the city, which already provides fire and emergency services, and nearby parks and community centers.
Will my property taxes go up?
Yes, they will go up by an estimated $143 - $160 per $100,000 of taxable value as determined by the Clark County Assessor’s Office for the first year after which the property is subject to a 3 percent cap like all property taxes in the state. Additional taxes paid to the city will go toward fire protection, park maintenance, community centers, roads, etc. You will no longer be paying taxes toward county fire services. This puts you on parity with your city neighbors.
My street does not have sidewalks, curb and gutter, or street lights. Will I be required to install those? Will the city install them?
No, you will not be required to install sidewalks or street lights. Also the city will not install them at this time. Should you and your neighbors wish to have sidewalks and street lights, then you may petition the city through the creation of a special improvement district (SID) to have them installed. If your property already has a covenant for the future installation of sidewalks and street lights with Clark County, these covenants run with the land and will remain in place with the city after your property is annexed.
I have a well. Will I be required to get “city water?”
No, you may continue to operate you r well as you do now subject to state regulations. Note that “city water” and “county water” are both provided by the Las Vegas Valley Water District whose board is made up of the Clark County Commission.
I have a septic tank. Will I be required to connect to city sewer?
No, you may continue to use your septic tank as long as it complies with all SNHD regulations. Per SNHD regulations, new septic tank permits are not allowed if public sewer is available within 400 feet of the property line. If your septic tank fails or you choose to construct a pool or casita, there will be an option to connect to city sewer at owner’s cost if you are unable to use your current septic tank per SNHD regulations.
I already pay for sewer service. What additional services will I receive once annexed?
Sewer bill payments do not go towards the city’s general fund. As a city resident, you will now be contributing along with your neighbors toward the services you have been benefiting from such as city fire and emergency services, city flood control maintenance of regional facilities, city parks and trails that are open to all citizens of the area, and nearby city community centers. This also includes road maintenance, traffic signal installation and maintenance, code enforcement, animal control and the development of trails. You will no longer be paying taxes toward county fire services. This puts you on parity with your city neighbors.
I live in a private community (with or without gates). Will the city take over the maintenance of the private streets?
No, your private streets will remain as part of an HOA or covenants that are currently in place and the private street maintenance are prescribed in those agreements.
I have drainage easements on the land. Who will maintain those once the property is annexed?
If the drainage easement is already identified as public with public maintenance then the city will take over the maintenance now provided by the county. If the drainage easement is identified as private or privately maintained then maintenance would continue to be the responsibility of the property owner or the HOA.
The annexation will bring each property in with a city equivalent zoning and any current land use entitlements will also be accepted by the city. This includes accessory structures (sheds, garages, casitas, etc.) and current setbacks of structures.
I have horses now. Will I be able to have horses in the future if annexed?
Yes, the city of Las Vegas equivalent zoning for the keeping of horses is similar to the county’s zoning for the keeping of horses. In the city you would be able to have one horse for every 7,500 square feet of property.
Will I be able to vote in future Clark County elections?
Yes. The Clark County Commission is elected by and represents all residents within their district, whether the resident is located within a city or not. You will continue to vote for your Clark County Commissioner and all Clark County Offices, and you will also be able to vote in municipal elections for City Council, mayor, and other city offices.
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