Bullfrog County, Nevada
Encyclopedia
Bullfrog County was a short-lived county in the U.S. state
of Nevada
, created by the Nevada Legislature
in 1987. It consisted of an uninhabited 144 square miles (373 km²) area around Yucca Mountain
, completely enclosed
by southern Nye County
, the county from which it was created. Its creation was ruled in violation of the state constitution by the Nevada District Courts
in 1989. In compliance with the ruling, the legislature dissolved Bullfrog County and reincorporated its territory into Nye County.
To date, Bullfrog County is the only county with a population of 0 to have existed in the United States, and except for the South Dakota
jurisdictions of Shannon
and Todd, the only organized county whose county seat
was not contained within its boundaries. Bullfrog County was not accessible by roads and contained no buildings or infrastructure of any kind.
The county's establishment was a response to plans by the United States federal government to create a disposal site for radioactive waste in Yucca Mountain
. The government agreed to provide payment-equal-to taxes (PETT) funding to Nye County during the characterization and construction of the Yucca Mountain repository. This money was intended to go straight to the county government
, bypassing the state government. In response, the Nevada Legislature
declared the unpopulated area around the proposed nuclear waste site to be a new county, Bullfrog County. Because this new county had no population, any federal payments for placing the nuclear waste site there would go directly to the state treasury. Furthermore, property tax
rates in the county were set at 20 percent, or $5 on every $100 valued, the highest allowable by the state constitution. This tax burden (potentially up to $25 million) was meant to discourage the waste site's creation, but it also guaranteed that, should the site be built anyway, its existence would at least be profitable for the state government.
The existence of Bullfrog County created serious legal problems for the state of Nevada. It was not included in any of Nevada's nine district courts; thus, Bullfrog County had no judiciary. Furthermore, the Nevada State Constitution states that, in the event of a jury trial, the jury be made up of residents of the county the crime was committed in. Thus, if a felony
was committed in Bullfrog County, a jury would be impossible since no residents exist. For these and other reasons, the establishment of the county was challenged by the state government and the government of Nye County, and the Nevada district court
found it to be in violation of the state constitution due of its zero population size. In compliance, the state legislature abolished Bullfrog County in 1989, and the territory was absorbed back into Nye County.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, created by the Nevada Legislature
Nevada Legislature
The Nevada Legislature is the state legislature of the U.S. state of Nevada. The Legislature is a bicameral body, consisting of the lower house Nevada Assembly, with 42 members, and the upper house Nevada Senate, with 21 members. All 63 members of the Legislature are elected from an equal amount of...
in 1987. It consisted of an uninhabited 144 square miles (373 km²) area around Yucca Mountain
Yucca Mountain
The Yucca Mountain Nuclear Waste Repository was to be a deep geological repository storage facility for spent nuclear reactor fuel and other high level radioactive waste, until the project was canceled in 2009. It was to be located on federal land adjacent to the Nevada Test Site in Nye County,...
, completely enclosed
Enclave and exclave
In political geography, an enclave is a territory whose geographical boundaries lie entirely within the boundaries of another territory.An exclave, on the other hand, is a territory legally or politically attached to another territory with which it is not physically contiguous.These are two...
by southern Nye County
Nye County, Nevada
-National protected areas:* Ash Meadows National Wildlife Refuge* Death Valley National Park * Humboldt-Toiyabe National Forest * Spring Mountains National Recreation Area -Demographics:...
, the county from which it was created. Its creation was ruled in violation of the state constitution by the Nevada District Courts
Nevada District Courts
The Nevada District Courts are the trial courts of general jurisdiction in the Nevada state court system.In the District Courts "criminal, civil, family, and juvenile matters are generally resolved through arbitration, mediation, and bench or jury trials."...
in 1989. In compliance with the ruling, the legislature dissolved Bullfrog County and reincorporated its territory into Nye County.
To date, Bullfrog County is the only county with a population of 0 to have existed in the United States, and except for the South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
jurisdictions of Shannon
Shannon County, South Dakota
As of the census of 2000, there were 12,466 people, 2,785 households, and 2,353 families residing in the county. The population density was 6 people per square mile . There were 3,123 housing units at an average density of 2 per square mile...
and Todd, the only organized county whose county seat
County seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
was not contained within its boundaries. Bullfrog County was not accessible by roads and contained no buildings or infrastructure of any kind.
The county's establishment was a response to plans by the United States federal government to create a disposal site for radioactive waste in Yucca Mountain
Yucca Mountain
The Yucca Mountain Nuclear Waste Repository was to be a deep geological repository storage facility for spent nuclear reactor fuel and other high level radioactive waste, until the project was canceled in 2009. It was to be located on federal land adjacent to the Nevada Test Site in Nye County,...
. The government agreed to provide payment-equal-to taxes (PETT) funding to Nye County during the characterization and construction of the Yucca Mountain repository. This money was intended to go straight to the county government
Local government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
, bypassing the state government. In response, the Nevada Legislature
Nevada Legislature
The Nevada Legislature is the state legislature of the U.S. state of Nevada. The Legislature is a bicameral body, consisting of the lower house Nevada Assembly, with 42 members, and the upper house Nevada Senate, with 21 members. All 63 members of the Legislature are elected from an equal amount of...
declared the unpopulated area around the proposed nuclear waste site to be a new county, Bullfrog County. Because this new county had no population, any federal payments for placing the nuclear waste site there would go directly to the state treasury. Furthermore, property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
rates in the county were set at 20 percent, or $5 on every $100 valued, the highest allowable by the state constitution. This tax burden (potentially up to $25 million) was meant to discourage the waste site's creation, but it also guaranteed that, should the site be built anyway, its existence would at least be profitable for the state government.
The existence of Bullfrog County created serious legal problems for the state of Nevada. It was not included in any of Nevada's nine district courts; thus, Bullfrog County had no judiciary. Furthermore, the Nevada State Constitution states that, in the event of a jury trial, the jury be made up of residents of the county the crime was committed in. Thus, if a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
was committed in Bullfrog County, a jury would be impossible since no residents exist. For these and other reasons, the establishment of the county was challenged by the state government and the government of Nye County, and the Nevada district court
Nevada District Courts
The Nevada District Courts are the trial courts of general jurisdiction in the Nevada state court system.In the District Courts "criminal, civil, family, and juvenile matters are generally resolved through arbitration, mediation, and bench or jury trials."...
found it to be in violation of the state constitution due of its zero population size. In compliance, the state legislature abolished Bullfrog County in 1989, and the territory was absorbed back into Nye County.