unincorporated towns in Nevada
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Nevada state law allows for governance of unincorporated towns under two different systems. The Unincorporated Town Government Law, adopted in 1975, applies to counties of 100,000 people or more, and any other county that opts in. For other counties, a patchwork system of laws applies.{{cite news |author=Henry Brean |date=2009-12-19 |title=Nevada desert town can't find its boundaries |url=https://www.sandiegouniontribune.com/sdut-nevada-desert-town-cant-find-its-boundaries-2009dec19-story.html |newspaper=The San Diego Union-Tribune}}
A 1975 study by the state Legislative Commission identified 39 unincorporated towns in Nevada.{{cite report |title=Unincorporated Town Governments |publisher=Legislative Commission of the Legislative Council Bureau, State of Nevada |date=1975 |page=8 |url=https://www.leg.state.nv.us/Division/Research/Publications/InterimReports/1975/Bulletin118.pdf|access-date=2017-10-19}} As of 2014, the state Demographer's Office listed 44 unincorporated towns.{{cite web|title=2014 Estimates|publisher=Nevada State Demographer's Office|url=http://www.nvdemography.org/data-and-publications/estimates/estimates-by-county-city-and-unincorporated-towns/|access-date=2017-10-19}}
Unincorporated Town Government Law
The Unincorporated Town Government Law,[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec500 NRS 269.500-269.652] adopted in 1975, applies to counties with a population over 100,000 (Clark and Washoe Counties), and any other county whose commissioners pass an ordinance adopting the law.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec530 NRS 269.530]
Under this law, unincorporated towns are provided extra services by the county, paid for by property taxes or other revenue sources from the town.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec520 NRS 269.520] A town can be formed by an initiative petition by residents, or by the county commissioners.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec535 NRS 269.535]
A town advisory board is impaneled for each town. The county commissioners may choose for the town advisory board to be elected by town residents, or appointed by the commissioners. In either case, the commissioners may remove a board member at any time.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec576 NRS 269.576], [http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec577 NRS 269.577]
The advisory board is responsible for acting as a liaison between the residents and the county commissioners, and advising the commissioners on budgets and local ordinances.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec576 NRS 269.576], [http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec577 NRS 269.577], [http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec590 NRS 269.590] The commissioners may delegate to the advisory board management of local services and expenditures.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec580 NRS 269.580], [http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec590 NRS 269.590]
Other counties
In counties where the Unincorporated Town Government Law does not apply, a town board may be established for an unincorporated town, either by initiative petition or act of the county commissioners.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec0165 NRS 269.0165] The five-member board is elected by residents.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec017 NRS 269.017], [http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec0171 NRS 269.0171]
The county commission may levy a property tax of up to 1.5% on all property in the town.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec0115 NRS 269.0115] This tax, and other town revenue, is placed in a town fund administered by the county, to be used only for the benefit of the town.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec095 NRS 269.095]
Many town government functions can be exercised jointly by the town board or the county commissioners, such as providing local services,[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec128 NRS 269.128] adopting ordinances,[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec155 NRS 269.155] regulating businesses,[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec170 NRS 269.170] establishing police and fire departments,[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec235 NRS 269.235], [http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec250 NRS 269.250] and issuing bonds.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec410 NRS 269.410]
As an alternative to a town board, county commissioners may create a citizens' advisory council for an unincorporated town.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec024 NRS 269.024] The three-to-five-member council is appointed by commissioners after an "informal election".[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec0242 NRS 269.0242] The council acts in an advisory and liaison capacity, and does not affect the responsibilities of the commissioners.[http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec024 NRS 269.024], [http://www.leg.state.nv.us/nrs/NRS-269.html#NRS269Sec0246 NRS 269.0246]
The option to establish a town board was enacted in 1967.{{cite act|title=1967 Statutes of Nevada, Chapter 545 - An act relating to unincorporated towns; to provide for the establishment of a town board form of government...|url=https://www.leg.state.nv.us/Statutes/54th/Stats196709.html#Stats196709page1723|date=April 27, 1967|access-date=2017-10-19}} The system was unpopular, because of an impractical provision that required two county commissioners to sit on the town board; by 1975, it had been adopted by only one town, Crescent Valley.{{cite report|title=Unincorporated Town Governments|publisher=Legislative Commission of the Legislative Council Bureau, State of Nevada|date=1975|pages=10–11|url=https://www.leg.state.nv.us/Division/Research/Publications/InterimReports/1975/Bulletin118.pdf|access-date=2017-10-19}} The citizens' advisory council provision was passed into law in 1973.{{cite act|title=1973 Statutes of Nevada, Chapter 514 - An act to amend chapter 269 of NRS, relating to unincorporated towns, by providing that the board of county commissioners may appoint a citizens’ advisory council...|url=https://www.leg.state.nv.us/Statutes/57th/Stats197304.html#Stats197304page799|date=April 22, 1973|access-date=2017-10-19}} The town board law was later amended in 1985 to remove the requirement of county commissioners serving on the board.{{cite act|title=1985 Statutes of Nevada, Chapter 216 - An act relating to unincorporated towns; requiring all members of a town board to be elected from the qualified electors of the town...|url=https://www.leg.state.nv.us/Statutes/63rd/Stats198503.html#Stats198503page692|date=May 20, 1985|access-date=2017-10-19}}