NRS
41.430 Conditions for jurisdiction of State of Nevada.
1. Pursuant to the provisions of section
7, chapter 505, Public Law 280 of the 83d Congress, approved August 15, 1953,
and being 67 Stat. 588, and sections 401 to 403, inclusive, of Title IV, Public
Law 284 of the 90th Congress, approved April 11, 1968, and being 82 Stat. 78,
et seq., the State of Nevada does hereby assume jurisdiction over public
offenses committed by or against Indians in the areas of Indian country in
Nevada, as well as jurisdiction over civil causes of action between Indians or
to which Indians are parties which arise in the areas of Indian country in
Nevada, subject only to the conditions of subsections 3 and 4 of this section.
2. Any tribal ordinance or custom adopted
by an Indian tribe, band or community in the exercise of any authority
possessed by it shall, if not inconsistent with any applicable civil law of
this state, be given full force and effect in the determination of civil causes
of action pursuant to this section.
3. This section applies to all areas of
Indian country within this state wherein the Indian tribe occupying any such
area has consented to the continuation of state jurisdiction over such area in
the manner provided in sections 6 to 14, inclusive, of chapter 601, Statutes of
Nevada 1973, or has consented to the assumption of state jurisdiction over such
area in the manner provided by section 406 of Title IV of Public Law 284 of the
90th Congress, approved April 11, 1968, and being 82 Stat. 80.
4. This section does not apply to any area
of Indian country within this state wherein the Indian tribe occupying any such
area has failed or refused to consent to the continuation of state jurisdiction
over such area in the manner provided in sections 6 to 14, inclusive, of
chapter 601, Statutes of Nevada 1973; and the State of Nevada hereby recedes
from and relinquishes jurisdiction over any such area.
[1:198:1955] + [2:198:1955] + [3:198:1955]—(NRS A 1973,
1051)
LIABILITY OF OWNER OF MOTOR VEHICLE FOR NEGLIGENT OPERATION
BY IMMEDIATE MEMBER OF FAMILY
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 1972–2026 · leading case:
Voorhees v. Spencer, 504 P.2d 1321 (Nev. 1973).
Voorhees v. Spencer, 504 P.2d 1321 (Nev. 1973).
· cites it 7× “Did the district court have jurisdiction to administer these estate assets and order distribution, in view of the provisions of NRS 41.430? 1 B. Had Raylen and Hazel obtained a valid Indian custom divorce? *5 C.”
Davis v. Warden, Nevada State Prison, 498 P.2d 1346 (Nev. 1972).
· cites it 4× “” Nevada responded to Public Law 280 in 1955 when the legislature enacted NRS 41.430. That statute provides for state assumption of criminal and civil jurisdiction over public offenses committed or civil causes of action arising in areas of Indian country in Nevada 90 days after…”
Hardy v. United States, 918 F. Supp. 312 (D. Nev. 1996).
· cites it 3× “2 Nev.Rev.Stat. § 41.430. Therefore, Nevada is free to impose its marital property rules on Indian married couples, whether residing on or off the reservation.”
Berry v. Baca (D. Nev. 2020).
· cites it 18× “In its decision, the Nevada 13 Supreme Court relied upon Nev. Rev. Stat. § 41.430 . 14 As the Court has explained in its prior order of September 27, 2018 (ECF No.”
State v. Salazar (rocky) (Crim.), 142 Nev. Adv. Op. No. 39 (Nev. 2026).
· cites it 4× “‘Salazar also argues that the State cannot exercise even concurrent jurisdiction without the tribe’s consent under NRS 41.430 and notes that the record does not show that the Te-Moak Tribe consented to the State’s exercise of criminal jurisdiction over offenses committed on its…”
Williams v. Thrasher (D. Nev. 2021).
· cites it 13× “Importantly, the Nevada governor excluded Churchill County from the 2 provisions of its first version of NRS § 41.430. (ECF No. 13-5 at 5.4) 3 In 1968, Congress enacted 25 U.”
Berry v. Baca (D. Nev. 2021).
· cites it 13× “Importantly, the Nevada governor excluded Churchill County from the 2 provisions of its first version of NRS § 41.430. (ECF No. 13-5 at 5.4) 3 In 1968, Congress enacted 25 U.”
Oella Ridge Tr. v. Silver State Sch. Credit Union, 2021 NV 80 (Nev. 2021).
· cites it 3× “See NRS 41.430(1). Indeed, Oella Ridge neither offers an alternative interpretation of the contractual language nor argues that it is not bound by section 9.”
— Nev. Rev. Stat. § 41.430(1) — 3 cases
Williams v. Thrasher (D. Nev. 2021).
“Importantly, the Nevada governor excluded Churchill County from the 2 provisions of its first version of NRS § 41.430. (ECF No. 13-5 at 5.4) 3 In 1968, Congress enacted 25 U.”
Berry v. Baca (D. Nev. 2021).
“Importantly, the Nevada governor excluded Churchill County from the 2 provisions of its first version of NRS § 41.430. (ECF No. 13-5 at 5.4) 3 In 1968, Congress enacted 25 U.”
— Nev. Rev. Stat. § 41.430(4) — 2 cases
Williams v. Thrasher (D. Nev. 2021).
“Importantly, the Nevada governor excluded Churchill County from the 2 provisions of its first version of NRS § 41.430. (ECF No. 13-5 at 5.4) 3 In 1968, Congress enacted 25 U.”
Berry v. Baca (D. Nev. 2021).
“Importantly, the Nevada governor excluded Churchill County from the 2 provisions of its first version of NRS § 41.430. (ECF No. 13-5 at 5.4) 3 In 1968, Congress enacted 25 U.”
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