This text of Nevada § 268.4095 (Action to recover expenses incurred in extinguishing wildfire) is published on Counsel Stack Legal Research, covering Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. A city council or other governing body of a city may bring an action in a court of competent jurisdiction against any person, firm, association or agency that is responsible for willfully or negligently causing a wildfire to recover any expenses incurred by the city in extinguishing the wildfire and reasonable attorney’s fees and litigation expenses.
2. In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a wildfire, it must be considered, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:
(a)The forecasted and existing weather conditions;
(b)The conditions of fuel moisture; and
(c)The topography of the area of the wildfire.
3. Notwithstanding the provisions of subse
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1. A city council or other governing body of a city may bring an action in a court of competent jurisdiction against any person, firm, association or agency that is responsible for willfully or negligently causing a wildfire to recover any expenses incurred by the city in extinguishing the wildfire and reasonable attorney’s fees and litigation expenses.
2. In determining whether a person, firm, association or agency is responsible for willfully or negligently causing a wildfire, it must be considered, without limitation, whether the person, firm, association or agency failed to exercise reasonable care given:
(a) The forecasted and existing weather conditions;
(b) The conditions of fuel moisture; and
(c) The topography of the area of the wildfire.
3. Notwithstanding the provisions of subsections 1 and 2, a person, firm, association or agency is immune from liability for the payment of any expenses incurred by the city in extinguishing a wildfire and attorney’s fees and litigation expenses if the person, firm, association or agency immediately notified the nearest fire-fighting agency of the wildfire, was forthright and truthful in responding to questions from the State Forester Firewarden, any fire-fighting agency and any other state or local agency investigating the wildfire, and at least one of the following circumstances applies:
(a) The person, firm, association or agency had permission from a federal, state or local agency to start a fire or conduct a controlled burn and was in compliance with the terms of such permission;
(b) The person, firm, association or agency started a warming fire to protect human life due to dangerous weather conditions; or
(c) The person, firm, association or agency is in the business of raising livestock and started a controlled campfire for the purpose of branding livestock.
4. As used in this section:
(a) “Fire-fighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.
(b) “Livestock” has the meaning ascribed to it in NRS 569.0085 .