reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-205.02 - Rental schedules; when effective; petition; hearing.

72-205.02.
Rental schedules; when effective; petition; hearing.
Such new rental schedules according to classification and schedules of valuations shall become effective upon the first semiannual rental due date, which is ninety days or more from the date of the filing of the schedules in the office of the county treasurer, unless within forty-five days from the date of the publication of notice a petition signed (1) by at least twenty-five percent of the lessees in counties having less than one hundred leaseholders or (2) twenty-five of the lessees in counties having one hundred or more leaseholders within the county, requesting a hearing is filed in the office of the Board of Educational Lands and Funds.
Source
Laws 1949, c. 212, § 3, p. 603;
Laws 1999, LB 779, § 17.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-205.03 - Rental schedule; objections; petition; hearing; notice; examiner; evidence.

72-205.03.
Rental schedule; objections; petition; hearing; notice; examiner; evidence.
Upon receipt of a petition bearing the requisite number of signatures as required by section 72-205.02, the Board of Educational Lands and Funds shall appoint an examiner who shall hold a meeting in the county seat of the county where such school lands are located to take testimony and to receive evidence as to the rental of all school lands, according to classification, in such county. Such evidence shall cover the rental of other lands similarly situated and any other relevant factors bearing upon the rental of such school lands. Notice of the time and place of such hearing shall be given by publication in a legal newspaper, published in the county where such school lands are situated, once each week for two consecutive weeks beginning at least twenty days prior to the date of the public hearing. In case no legal newspaper is published in the county, then the notice shall be published in a legal newspaper of general circulation in the county. The examiner conducting such hearing shall have the power to administer oaths.
Source
Laws 1949, c. 212, § 4, p. 603;
Laws 1999, LB 779, § 18.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-205.04 - Rental schedule; hearing; examiner; record; board; powers.

72-205.04.
Rental schedule; hearing; examiner; record; board; powers.
A complete record shall be made of all testimony taken and evidence received at such hearing, which record shall be filed in the office of the Board of Educational Lands and Funds. The examiner conducting such hearing shall make, in writing, complete findings and recommendations to the board as to the value of school lands according to classification. If the board determines that a change in the rental is justified it may either raise or lower its rental schedules according to classifications and schedules of valuations previously adopted based upon the evidence produced at such hearing as shown by the record, the effective date to be the time originally fixed.
Source
Laws 1949, c. 212, § 5, p. 604;
Laws 1999, LB 779, § 19.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-208 - School lands; sale; deed; recording; received in evidence.

72-208.
School lands; sale; deed; recording; received in evidence.
When the Board of Educational Lands and Funds becomes satisfied that full payment has been made on any tract of land sold by the state, the Governor shall issue a deed to the purchaser or his assigns, and all deeds issued by him shall be countersigned by the Secretary of State and under the Great Seal of the state, and shall be attested by the secretary of the board and a record kept in his office. All deeds so issued shall be subject to record, and shall be received in evidence without acknowledgment, the same as deeds that have been acknowledged.
Source
Laws 1899, c. 69, § 7, p. 303;
R.S.1913, § 5851;
C.S.1922, § 5187;
C.S.1929, § 72-207;
Laws 1935, c. 163, § 6, p. 597;
C.S.Supp.,1941, § 72-207;
R.S.1943, § 72-208;
Laws 1965, c. 435, § 1, p. 1385.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-212 - School lands; sale; public auction required.

72-212.
School lands; sale; public auction required.
No lands now owned or hereafter acquired by the state for educational purposes shall be sold except at public auction.
Source
Laws 1921, c. 80, § 2, p. 290;
C.S.1922, § 5191;
Laws 1923, c. 61, § 1, p. 185;
Laws 1925, c. 135, § 1, p. 354;
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 573;
R.S.1943, § 72-212.
Annotations
Under former statute, state board had no authority to dispose of mineral rights in school lands. Briggs v. Neville, 103 Neb. 1, 170 N.W. 188 (1918).
The power of the Board of Commissioners to lease, sell, or dispose of school lands exists only insofar as it is directed or permitted by the Legislature. Fawn Lake Ranch Co. v. Cumbow, 102 Neb. 288, 167 N.W. 75 (1918).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-213 - School lands; eminent domain proceedings.

72-213.
School lands; eminent domain proceedings.
Educational lands belonging to the state may be acquired through the exercise of eminent domain proceedings for the special purposes mentioned in sections 72-214 to 72-226.
Source
Laws 1943, c. 160, § 1, p. 573;
R.S.1943, § 72-213.
Annotations
Taking of educational land by eminent domain for county fair purposes is authorized. State v. Cheyenne County, 157 Neb. 533, 60 N.W.2d 593 (1953).
School lands cannot be taken from state by judicial process unless full value is paid to the state. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-214 - School lands; acquisition by school district.

72-214.
School lands; acquisition by school district.
Any school district, in which there may be any educational lands, may acquire for school purposes any portion thereof, not exceeding forty acres.
Source
Laws 1899, c. 69, § 11, p. 304;
Laws 1905, c. 144, § 1, p. 582;
Laws 1907, c. 134, § 1, p. 437;
Laws 1913, c. 40, § 1, p. 135;
R.S.1913, § 5855;
Laws 1915, c. 103, § 1, p. 247;
Laws 1921, c. 80, § 2, p. 290;
C.S.1922, § 5191;
Laws 1923, c. 61, § 1, p. 185;
Laws 1925, c. 135, § 1, p. 354;
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 573;
R.S.1943, § 72-214.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-215 - School lands; acquisition by city or village; when authorized; limitations.

72-215.
School lands; acquisition by city or village; when authorized; limitations.
Any city or village may acquire such educational lands not exceeding forty acres for solid waste disposal areas, sewage disposal purposes, necessary right-of-way for electric transmission lines, or for any other purpose, except park and recreational purposes, for which a city or village may condemn private lands.
Source
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 573;
R.S.1943, § 72-215;
Laws 1963, c. 415, § 1, p. 1337;
Laws 1969, c. 590, § 1, p. 2441;
Laws 1983, LB 29, § 1.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-216 - School lands; acquisition for airfields and monitor stations.

72-216.
School lands; acquisition for airfields and monitor stations.
The United States of America, or any county, city or village of the State of Nebraska may acquire such educational lands necessary for public use for the development of radio monitor stations, aviation fields, and fields for aerial traffic.
Source
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 573;
R.S.1943, § 72-216.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-217 - School land within defense project; purchase by United States.

72-217.
School land within defense project; purchase by United States.
The United States of America may purchase any educational lands located within the boundaries of any defense project.
Source
Laws 1943, c. 160, § 1, p. 573;
R.S.1943, § 72-217.
Annotations
Legislature provided for a public offering, preceded by public notice, of all educational lands subject to lease. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-218 - School lands; acquisition by United States for water conservation.

72-218.
School lands; acquisition by United States for water conservation.
The United States of America may acquire such educational lands, or portions thereof, in subdivisions of not less than forty acres, located within the boundaries of the projects now authorized by the United States of America pursuant to Public Law 848, 76th Congress, entitled An Act Authorizing the Construction of Water Conservation and Utilization Projects in the Great Plains and Arid and Semiarid Areas of the United States, approved August 11, 1939, and all acts supplementary thereto, amendatory thereof, or appropriating funds for the purposes thereof.
Source
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 71-211;
Laws 1943, c. 160, § 1, p. 574;
R.S.1943, § 72-218.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-219 - School lands; acquisition by county for public purposes.

72-219.
School lands; acquisition by county for public purposes.
The county board of any county, in which there are such educational lands, may acquire for public purposes any portion thereof, not exceeding forty acres.
Source
Laws 1915, c. 103, § 1, p. 247;
Laws 1921, c. 80, § 2, p. 290;
C.S.1922, § 5191;
Laws 1923, c. 61, § 1, p. 185;
Laws 1925, c. 135, § 1, p. 254;
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 574;
R.S.1943, § 72-219.
Annotations
County may acquire educational land for county fair grounds. State v. Cheyenne County, 157 Neb. 533, 60 N.W.2d 593 (1953).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-220 - School lands; acquisition for cemetery purposes.

72-220.
School lands; acquisition for cemetery purposes.
Any city, village, cemetery association or corporation for the control of cemeteries, may acquire, for cemetery and burial purposes, any of the educational land, not exceeding in the aggregate forty acres, and may purchase additional adjoining tracts not exceeding ten acres each, if and when it becomes necessary to enlarge such cemetery.
Source
Laws 1899, c. 69, § 11, p. 304;
Laws 1905, c. 144, § 1, p. 582;
Laws 1907, c. 134, § 1, p. 437;
Laws 1913, c. 40, § 1, p. 135;
R.S.1913, § 5855;
Laws 1915, c. 103, § 1, p. 247;
Laws 1921, c. 80, § 2, p. 290;
C.S.1922, § 5191;
Laws 1923, c. 61, § 1, p. 185;
Laws 1925, c. 135, § 1, p. 354;
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 574;
R.S.1943, § 72-220.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-221 - School lands; acquisition for public highway.

72-221.
School lands; acquisition for public highway.
The Department of Transportation and the county board of any county may acquire land necessary to establish a public highway over or across any educational lands.
Source
Laws 1907, c. 134, § 1, p. 437;
Laws 1913, c. 40, § 1, p. 135;
R.S.1913, § 5855;
Laws 1915, c. 103, § 1, p. 247;
Laws 1921, c. 80, § 2, p. 290;
C.S.1922, § 5191;
Laws 1923, c. 61, § 1, p. 185;
Laws 1925, c. 135, § 1, p. 354;
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 574;
R.S.1943, § 72-221;
Laws 2017, LB339, § 247.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-221.01 - Established public roads; dedicated to county or Department of Transportation; value; payment.

72-221.01.
Established public roads; dedicated to county or Department of Transportation; value; payment.
All established public roads that have been established for a period of ten years or more on the section line along any side or part of the side of a section owned by the Board of Educational Lands and Funds, and on any part of a section that has an established meandering road not on the section line and under the jurisdiction of the Board of Educational Lands and Funds, shall be dedicated to the county for public use in the case of county roads, or to the State of Nebraska, Department of Transportation, for public use. The public road right-of-way so dedicated shall be no less than thirty-three feet from the section line, nor less than sixty-six feet through that part of the section where the established road meanders through the described section. Upon receipt of payment from any county or the department of the fair and reasonable market value of the right-of-way at the date the road was established, the Board of Educational Lands and Funds shall convey to the county or the department title to such road right-of-way. The instruments of conveyance shall be recorded in the office of the register of deeds.
Source
Laws 1973, LB 36, § 1;
Laws 2017, LB339, § 248.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-222 - School lands; acquisition by public districts; purposes.

72-222.
School lands; acquisition by public districts; purposes.
Any irrigation district, rural water district, public power district or public power and irrigation district, or natural resources district may acquire from the state any educational land, portion thereof, or interest therein for the purpose for which such districts are authorized by law to condemn private lands in this state. In addition, a natural resources district may acquire an easement or right-of-way for the purpose of constructing, replacing, operating, and maintaining structures which are a part of the program of work of the district.
Source
Laws 1923, c. 61, § 1, p. 185;
Laws 1925, c. 135, § 1, p. 354;
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 574;
R.S.1943, § 72-222;
Laws 1963, Spec. Sess., c. 17, § 1, p. 148;
Laws 1965, c. 436, § 1, p. 1388;
Laws 1971, LB 513, § 1;
Laws 1977, LB 510, § 7.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-222.01 - School lands; acquisition by certain companies; purposes.

72-222.01.
School lands; acquisition by certain companies; purposes.
Any manufacturing company, pipeline company, or telephone or telegraph company, incorporated or qualified to do business in this state, may acquire an easement or right-of-way for the purpose of constructing, replacing, and maintaining pipelines, power pumps, telephone and telegraph lines and appurtenances thereto, under and across any of the school lands, the title of which is vested in the State of Nebraska, as trustee for the common schools.
Source
Laws 1953, c. 258, § 1, p. 867;
Laws 1957, c. 302, § 1, p. 1106;
Laws 1967, c. 466, § 2, p. 1445.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-222.02 - School lands; easement; acquisition by public districts; procedure.

72-222.02.
School lands; easement; acquisition by public districts; procedure.
Any public body enumerated in section 72-222 may acquire an easement from the state on any educational land when such easement is for the purpose for which such public body is authorized by law to condemn private lands in this state. It shall not be necessary for the acquiring public body to follow the procedure established in section 72-224.03 to obtain such easement. The public body may obtain such easement by the filing of an application with the Board of Educational Lands and Funds. Such application shall describe the nature and purpose of the easement, shall contain a legal description of the easement, and shall name the public body seeking the easement. Upon receiving the application for easement the Board of Educational Lands and Funds shall either (1) deny the application or (2) grant the easement and place a value on the easement to be paid by the applicant. When placing a value on the easement the Board of Educational Lands and Funds shall take into consideration the board's responsibility to manage the educational lands in a manner consistent with that of a trustee acting in a fiduciary capacity. The public body applying for the easement shall then either (a) accept the Board of Educational Lands and Funds' value or (b) proceed according to section 72-224.03. Upon the granting of such easement, it shall be the duty of the secretary of the Board of Educational Lands and Funds to transmit a certified copy of the easement to the grantee for filing in the office of the register of deeds in the county or counties where the easement is located.
Source
Laws 1981, LB 121, § 2;
Laws 1999, LB 779, § 20.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-223 - School lands; condemnation; mineral rights reserved; lands acquired by Game and Parks Commission; disposition of mineral income.

72-223.
School lands; condemnation; mineral rights reserved; lands acquired by Game and Parks Commission; disposition of mineral income.
The condemnation proceedings provided in sections 72-213 to 72-222 shall not operate to deprive the State of Nebraska of any mineral rights in the lands taken for the special purposes authorized by said sections, and, except as to land acquired by the United States of America, when any such land shall cease to be used for the special purpose for which it was acquired, it shall revert to the State of Nebraska as educational land. On lands acquired in this manner by the Game and Parks Commission all mineral income shall accrue to the appropriate state school funds;
Provided,
that all mineral extraction and exploration shall be conducted in a manner to be approved by both the Board of Educational Lands and Funds and the Game and Parks Commission.
Source
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 574;
R.S.1943, § 72-223;
Laws 1965, c. 433, § 2, p. 1381.
Annotations
Possibility of reverter to state was so remote as not to have any value in eminent domain proceedings. State v. Cheyenne County, 157 Neb. 533, 60 N.W.2d 593 (1953).
A condemner cannot acquire any mineral rights in land taken under eminent domain, and the value of such rights is to be excluded in determining compensation to be paid. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
Where the state had given a contract to sell school land by which it agreed to give a deed in fee simple, the fact that after such contract was made the Constitution was amended making it illegal to deed away mineral rights on school lands would not prevent the state from conveying the land under terms of the original contract when payment in full was made. Reavis v. State, 140 Neb. 442, 300 N.W. 344 (1941).
Mineral rights in state school lands cannot be conveyed in the absence of legislative sanction for such disposition. Briggs v. Neville, 103 Neb. 1, 170 N.W. 188 (1918).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-224 - Condemnation proceedings; procedure.

72-224.
Condemnation proceedings; procedure.
All condemnations of educational lands shall be exercised in the manner set forth in section 72-224.03;
Provided,
condemnation proceedings may be brought by the United States of America in the district court of the United States of America.
Source
Laws 1943, c. 160, § 2, p. 574;
R.S.1943, § 72-224;
Laws 1949, c. 213, § 1(1), p. 608;
Laws 1951, c. 101, § 110, p. 499;
Laws 1967, c. 466, § 3, p. 1445.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-224.02 - Condemnation proceedings; lease; valuation; adjustment; payment.

72-224.02.
Condemnation proceedings; lease; valuation; adjustment; payment.
If the school land to be taken is held under lease, the fair and reasonable value of the interest of the state as trustee for the public schools in said land so taken shall be ascertained as is provided in section 72-224.03;
Provided,
if the condemner desiring to acquire such land from the board is unable to adjust the value of the improvements and any damage thereto, and the damage otherwise arising to the holder of the lease by the condemnation of his interest in the lease, if any, with the holder of the lease, the proceedings to ascertain such damage, if any, and to acquire the interest of the holder of the lease shall be had as is provided in section 72-224.03. The value of the improvements taken, the damage thereto, and any other damage to the holder of the lease, as above provided, shall be paid to the owner of the lease.
Source
Laws 1949, c. 213, § 1(3), p. 608;
Laws 1951, c. 237, § 1, p. 843;
Laws 1963, Spec. Sess., c. 17, § 2, p. 148;
Laws 1967, c. 466, § 4, p. 1446.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-225 - Condemnation proceedings; land under lease contract; interest of owner; value assessed.

72-225.
Condemnation proceedings; land under lease contract; interest of owner; value assessed.
If the land to be taken is held under lease contract, the board of appraisers also shall make a finding as to the interest of the owner in such lease contract, if any, and such value shall be separately assessed.
Source
Laws 1899, c. 69, § 11, p. 304;
Laws 1905, c. 144, § 1, p. 582;
Laws 1907, c. 134, § 1, p. 437;
Laws 1913, c. 40, § 1, p. 135;
R.S.1913, § 5855;
Laws 1915, c. 103, § 1, p. 247;
Laws 1921, c. 80, § 2, p. 290;
C.S.1922, § 5191;
Laws 1923, c. 61, § 1, p. 185;
Laws 1925, c. 135, § 1, p. 354;
Laws 1929, c. 188, § 1, p. 652;
C.S.1929, § 72-211;
Laws 1931, c. 118, § 1, p. 345;
Laws 1935, c. 164, § 1, p. 611;
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 2, p. 574;
R.S.1943, § 72-225;
Laws 1967, c. 466, § 6, p. 1447.
Annotations
Value of interests of state and lessee are required to be separately assessed, and the sum of the value of the separate interests may be more than the value of the land as an unencumbered whole. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-226 - Condemnation proceedings; damage to state-owned land; assessment.

72-226.
Condemnation proceedings; damage to state-owned land; assessment.
Any damage to the land of the state, in addition to the value of the land purchased, shall be assessed and included in the amount to be paid the state.
Source
Laws 1943, c. 160, § 2, p. 574;
R.S.1943, § 72-226.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-227 - State-owned land occupied by school, church, or cemetery; sale; procedure.

72-227.
State-owned land occupied by school, church, or cemetery; sale; procedure.
If there is a schoolhouse, cemetery or church building located upon school land or land of the state which has been or may be sold to any individual, corporation or parties, such school district, church or association, with the written consent of the purchaser or occupant, may purchase land for the purposes specified, and obtain a deed from the state, at the price the purchaser, assignee or occupant is to pay. The sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay.
Source
Laws 1885, c. 84, § 3, p. 334;
R.S.1913, § 5856;
C.S.1922, § 5192;
C.S.1929, § 72-212;
R.S.1943, § 72-227.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-228 - State-owned land occupied by school, church, or cemetery; sale; terms.

72-228.
State-owned land occupied by school, church, or cemetery; sale; terms.
Sales of land made for the special purpose mentioned in section 72-227 shall be for cash, and if there be buildings on such land belonging to the state, such buildings are to be appraised and sold separately.
Source
Laws 1885, c. 84, § 4, p. 334;
R.S.1913, § 5857;
C.S.1922, § 5193;
C.S.1929, § 72-213;
R.S.1943, § 72-228.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-229 - School lands; sale; county clerk; entry upon tax list.

72-229.
School lands; sale; county clerk; entry upon tax list.
Upon the sale of school lands, the Board of Educational Lands and Funds is directed to state the actual purchase price in the deed so that the amount actually paid will be known when the deed is recorded even though the recording is exempt from the documentary stamp tax. The county clerks of the respective counties are directed to enter such lands upon the tax list of the county upon the recording of such a deed.
Source
Laws 1899, c. 69, § 12, p. 305;
R.S.1913, § 5858;
C.S.1922, § 5194;
C.S.1929, § 72-214;
Laws 1935, c. 163, § 9, p. 602;
C.S.Supp.,1941, § 72-214;
R.S.1943, § 72-229;
Laws 1999, LB 779, § 21.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-230 - School and saline lands; sale; when subject to taxation.

72-230.
School and saline lands; sale; when subject to taxation.
Educational or saline lands sold under the provisions of any law of this state, or such as have been sold, shall not be taxable until the right to a deed shall have become absolute, but the value of the interest of such purchaser shall be taxable, which interest shall be determined by the value of the land and improvements, less the amount due the state;
Provided,
when such land shall be situated within the limits of any city or village and shall have been subdivided into lots, then it shall be subject to all special assessments for sidewalk, grading, paving, guttering, curbing, sewerage, and all other municipal improvements, in the same manner as other lots and lands in such city or village, except that a sale of such school lots to collect such assessment or assessments shall only pass the interest or title of the purchaser from the state, his heirs or assigns, and his or their right to a conveyance of the same, upon the payment of any residue of the purchase price or interest.
Source
Laws 1899, c. 69, § 13, p. 305;
Laws 1907, c. 135, § 1, p. 441;
R.S.1913, § 5859;
C.S.1922, § 5195;
C.S.1929, § 72-215;
R.S.1943, § 72-230.
Annotations
School lands that have been sold by the state under contract are properly included in a drainage district, and are assessable for benefits derived therein. Morehouse v. Elkhorn River Drainage District, 90 Neb. 406, 133 N.W. 446 (1911).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-231 - School lands; illegal tax; refund.

72-231.
School lands; illegal tax; refund.
Money received by the county treasurers of the several counties within the State of Nebraska on account of taxes wrongfully levied on educational lands of the state held under lease shall be, by the respective county treasurers, repaid without interest to persons who paid the same, or their representatives, upon orders in that behalf made by the county board of the respective counties; but no order shall be made for such repayment except upon the production of the county treasurer's receipt for taxes so paid. The county board of any county where school lands have been wrongfully taxed, and the taxes have not yet been paid, shall order the county treasurer to cancel the same.
Source
Laws 1899, c. 69, § 14, p. 306;
R.S.1913, § 5860;
C.S.1922, § 5196;
C.S.1929, § 72-216;
R.S.1943, § 72-231;
Laws 1999, LB 779, § 22.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-232 - School lands; rules and regulations; soil conservation program.

72-232.
School lands; rules and regulations; soil conservation program.
The Board of Educational Lands and Funds shall have authority to adopt such rules and regulations as it shall deem necessary in the leasing of school lands and to prescribe such terms and conditions of the lease, not inconsistent with sections 72-205, 72-232 to 72-235, 72-240.02 to 72-240.05, and 72-242, as it shall deem necessary to protect the interests of the state. The board shall adopt and enforce a soil conservation program. Failure of the lessee to utilize the land for the purpose for which the land was leased or to observe and carry out soil conservation requirements as provided in the rules and regulations of the board shall be cause for cancellation of the lease.
Source
Laws 1899, c. 69, § 15, p. 306;
R.S.1913, § 5861;
C.S.1922, § 5197;
C.S.1929, § 72-217;
Laws 1935, c. 163, § 10, p. 602;
C.S.Supp.,1941, § 72-217;
Laws 1943, c. 159, § 1(1), p. 570;
R.S.1943, § 72-232;
Laws 1947, c. 235, § 3, p. 744;
Laws 1961, c. 349, § 1, p. 1108;
Laws 1965, c. 438, § 1, p. 1391;
Laws 1974, LB 894, § 1;
Laws 1993, LB 121, § 457;
Laws 1999, LB 779, § 23;
Laws 2021, LB528, § 13.
Annotations
Under former law, leasing of more than six hundred forty acres of school land to one person is prohibited unless such person owns or operates land on two sides of school land to be leased. Kidder v. Wright, 177 Neb. 222, 128 N.W.2d 683 (1964).
With specified exceptions, no person is permitted to hold under lease more than six hundred forty acres of school land. State v. Kidder, 173 Neb. 130, 112 N.W.2d 759 (1962).
Under former law, all unsold school lands were subject to lease at an annual rental of six percent of the appraised value. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
Where a contract for lease of a tract of school lands has been created through application to the county treasurer, and by mistake a later application by another for the same tract is accepted, a writ of mandamus to compel execution of a lease cannot be issued to the second claimant though he has complied with all conditions precedent. State ex rel. O'Brien v. Board of Commissioners of Educational Lands and Funds, 116 Neb. 261, 216 N.W. 818 (1927).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-232.02 - School lands; administration costs; payment; cash fund.

72-232.02.
School lands; administration costs; payment; cash fund.
The Board of Educational Lands and Funds shall pay the costs of administering the unsold school lands out of receipts from school land income. A cash fund is hereby authorized and the State Treasurer shall, out of the receipts for school land income, deposit in such cash fund that amount appropriated by the Legislature for each fiscal year on the first day of each fiscal year.
Source
Laws 1967, c. 459, § 1, p. 1429;
Laws 1978, LB 460, § 1.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-232.03 - School lands; irrigable; administration costs.

72-232.03.
School lands; irrigable; administration costs.
The cost of administering unsold school lands shall include:
(1) The cost of developing irrigable school lands, located within the boundaries of an irrigation district, so that such lands may benefit from irrigation;
(2) The cost of accrued tolls and assessments on irrigable school lands located within the boundaries of an irrigation district; and
(3) The cost of current tolls and assessments on irrigable school lands located within the boundaries of an irrigation district.
Source
Laws 1971, LB 581, § 1.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-232.04 - School lands; irrigable; development.

72-232.04.
School lands; irrigable; development.
The Board of Educational Lands and Funds is authorized to and shall take all necessary action for the development of irrigable school lands located within the boundaries of an irrigation district, so that such lands may benefit from irrigation. The cost of such development shall be paid by the board from funds available to the board for the administration of unsold school lands, and such costs shall be included in the costs certified to the State Treasurer pursuant to section 72-232.02.
Source
Laws 1971, LB 581, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-232.06 - School lands; irrigable; lease; cost of tolls and assessments; collection.

72-232.06.
School lands; irrigable; lease; cost of tolls and assessments; collection.
When any irrigable school lands located within the boundaries of an irrigation district are leased, the Board of Educational Lands and Funds shall collect with the regular rental an amount sufficient to pay the cost of current tolls and assessments of the irrigation district on such land, and shall pay such tolls and assessments to the district each year. The amount so collected and paid by the board shall be a part of the cost of administering the school lands and shall be included in the costs certified to the State Treasurer pursuant to section 72-232.02.
Source
Laws 1971, LB 581, § 4.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-232.07 - School lands; administration costs; expenditures; Land Improvement Fund; created; purpose; investment.

72-232.07.
School lands; administration costs; expenditures; Land Improvement Fund; created; purpose; investment.
The cost of administering unsold school lands shall include expenditures necessary for developing such school lands to their most productive use. All expenditures shall be directed by the board in exercising its responsibility as a trustee over the school land trust and shall not exceed twenty percent of all rental and bonus payments of the previous year, which amount shall be appropriated for each year to the board for payment of development and improvement costs completed and approved by the board upon contracts let for this purpose. All rental and bonus payment deductions as authorized by this section shall be remitted to the State Treasurer for credit to the Land Improvement Fund, which fund is hereby created, to be expended upon proper warrants in accordance with law. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1974, LB 894, § 4;
Laws 1986, LB 258, § 14;
Laws 1995, LB 7, § 84.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-233.01 - School lands; lease; bidder; deposit before sale; return of deposit, when; forfeiture, when.

72-233.01.
School lands; lease; bidder; deposit before sale; return of deposit, when; forfeiture, when.
In order for any person to be eligible to bid on a school land lease, he must file a bank draft, certified check or cash for each lease with the county treasurer of the county in which the land is located prior to the sale, payable to the Board of Educational Lands and Funds, equivalent to rent of the first year of the lease on each parcel or tract on which he contemplates bidding. Any bidder who is unsuccessful in the bidding shall have his deposit returned to him immediately after the acceptance of the bid by the Board of Educational Lands and Funds. The deposit of the acceptable bidder shall be applied either on the bonus bid or the rent for the first year. If the accepted bidder fails to pay either the bonus bid or rent for the first year of the lease, he shall forfeit the amount of the deposit and the Board of Educational Lands and Funds shall resubmit the land for bids and a new lease.
Source
Laws 1961, c. 350, § 1, p. 1104;
Laws 1963, c. 416, § 2, p. 1339;
Laws 1965, c. 437, § 1, p. 1390;
Laws 1967, c. 466, § 8, p. 1448.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-234.02 - School lands; lease; assignments; requirements.

72-234.02.
School lands; lease; assignments; requirements.
No lease shall be assigned nor the assignment thereof approved by the Board of Educational Lands and Funds unless (1) the person to whom the lease is assigned is a resident of the State of Nebraska or, if a nonresident of the State of Nebraska, owns land adjoining the school land set forth in the lease to be assigned and (2) such assignee will operate the land for his own use and benefit.
Source
Laws 1949, c. 212, § 8, p. 605;
Laws 1953, c. 254, § 1, p. 861.
Annotations
Bonus was paid to get board to approve assignment. State v. Gardner, 156 Neb. 326, 56 N.W.2d 135 (1952).
In class action on behalf of all renewal leaseholders, this section could not be invoked where applicable only to some. Propst v. Board of Educational Lands & Funds, 103 F.Supp. 457 (D. Neb. 1951).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-235.01 - School lands; forfeited leases; improvements, how treated.

72-235.01.
School lands; forfeited leases; improvements, how treated.
All right, title, and interest in any and all improvements to a lease forfeited for failure to pay rental pursuant to section 72-235 also shall be forfeited to the Board of Educational Lands and Funds until the rental has been paid in full. The board shall have the authority to offer forfeited leases for sale without regard to any improvements and growing crops thereon.
Source
Laws 1969, c. 591, § 2, p. 2443;
Laws 1999, LB 779, § 27.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-236 - School lands; lease; notice of delinquency; how given.

72-236.
School lands; lease; notice of delinquency; how given.
The notice required by section 72-235 shall be given by either registered or certified letter or by publication for three weeks in a newspaper published or of general circulation in the county where the land is located. In serving the notice of delinquency the Board of Educational Lands and Funds shall recognize as the lessee the person or persons whose name appears last of record in the office of the board.
Source
Laws 1899, c. 69, § 17, p. 309;
Laws 1903, c. 100, § 1, p. 571;
R.S.1913, § 5863;
C.S.1922, § 5199;
Laws 1927, c. 192, § 1, p. 548;
C.S.1929, § 72-219;
Laws 1935, c. 163, § 12, p. 605;
C.S.Supp.,1941, § 72-219;
R.S.1943, § 72-236;
Laws 1957, c. 242, § 55, p. 864;
Laws 1999, LB 779, § 28.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-237 - School lands; lease; forfeiture; redemption; when allowed.

72-237.
School lands; lease; forfeiture; redemption; when allowed.
The owner of any lease forfeited as provided in section 72-235 may redeem by paying all delinquencies, fees, and costs of forfeiture at any time before the Board of Educational Lands and Funds completes the advertising of such land for lease at public auction.
Source
Laws 1899, c. 69, § 17, p. 309;
Laws 1903, c. 100, § 1, p. 571;
R.S.1913, § 5863;
C.S.1922, § 5199;
Laws 1927, c. 192, § 1, p. 548;
C.S.1929, § 72-219;
Laws 1935, c. 163, § 12, p. 605;
C.S.Supp.,1941, § 72-219;
R.S.1943, § 72-237;
Laws 1999, LB 779, § 29.
Annotations
Holder of a lease of state school lands which has been declared forfeited for nonpayment of rentals may redeem from such forfeiture by paying all delinquencies, fees and costs of forfeiture at any time before such land is advertised to be leased at public auction. Stock Yards Nat. Bank v. Wyman, 130 Neb. 113, 264 N.W. 157 (1936).
An assignee of a lease of school lands, executed pursuant to Chapter 74, Laws 1883, who was delinquent in rental payments, was entitled to redeem from a forfeiture incurred by such delinquency at any time before such lands were released. Hile v. Troupe, 77 Neb. 199, 109 N.W. 218 (1906), affirmed on rehearing 84 Neb. 266, 121 N.W. 109 (1909).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-238 - School lands; lease; forfeiture; movable improvements; sale; proceeds; disposition.

72-238.
School lands; lease; forfeiture; movable improvements; sale; proceeds; disposition.
Movable improvements on lands reverting to the state through forfeiture shall be sold under the direction of the Board of Educational Lands and Funds at public auction, and the proceeds received therefrom shall inure to the holder of the forfeited lease, after payment has been made to the state for delinquent interest or rental, expenses incurred in holding such auctions, and irrigation taxes due the irrigation district in which the land is situated.
Source
Laws 1899, c. 69, § 17, p. 309;
Laws 1903, c. 100, § 1, p. 571;
R.S.1913, § 5863;
C.S.1922, § 5199;
Laws 1927, c. 192, § 1, p. 548;
C.S.1929, § 72-219;
Laws 1935, c. 163, § 12, p. 605;
C.S.Supp.,1941, § 72-219;
R.S.1943, § 72-238;
Laws 1999, LB 779, § 30.
Annotations
This section indicates that movable improvements are the property of the lessee. Blomquist v. Board of Educational Lands & Funds, 170 Neb. 741, 104 N.W.2d 264 (1960).
Legislature clearly intended that lessee should be encouraged to improve lands by good husbandry by providing for reimbursement for improvements and reducing land to cultivation. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-239 - School lands; lease; default; extensions; when granted; conditions; lien.

72-239.
School lands; lease; default; extensions; when granted; conditions; lien.
The Board of Educational Lands and Funds may extend the time of payment of delinquent interest or rental when it deems it to be in the best interest of the state, and it has full assurance that such delinquent interest or rental will be paid. Such extensions shall be granted, upon proper application to the board, and then only to the record owner of the lease who actually uses or occupies educational lands, for periods of one year, and shall bear interest the same as other delinquent rentals, and shall be upon condition the lease is assigned to the state as part assurance of payment. In the event the movable improvements on the land do not constitute sufficient security to justify an extension of time, the lessee may give a lien to the state on the growing crops thereon, if any.
Source
Laws 1935, c. 163, § 12, p. 605;
C.S.Supp.,1941, § 72-219;
R.S.1943, § 72-239;
Laws 1999, LB 779, § 31.
Annotations
School lands are subject to an annual rental of six percent of the appraised value. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
Under prior law at the expiration of a lease on school lands executed prior to July 9, 1897, the only advantage afforded such lessee is the right to obtain a renewal free from competition and at the previous rental rate. Stanser v. Cather, 85 Neb. 305, 123 N.W. 316 (1909), rehearing denied 85 Neb. 313, 124 N.W. 102 (1909).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.02 - School lands; new leases; board; powers.

72-240.02.
School lands; new leases; board; powers.
If no such application for a new lease is received or if the applicant fails to meet the requirements for a new lease, the Board of Educational Lands and Funds may, at any time within three months after the expiration of the lease, enter into a lease with any other person it deems willing and able to meet the standards prescribed by the board in its rules and regulations at the rental rate for land of such classification.
Source
Laws 1947, c. 235, § 7(3), p. 749;
Laws 1949, c. 212, § 10, p. 606;
Laws 1999, LB 779, § 32.
Annotations
If no application is made by lessee, board may enter into a lease with any person willing and able to meet statutory requirements. State ex rel. Ebke v. Board of Educational Lands & Funds, 154 Neb. 244, 47 N.W.2d 520 (1951).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.03 - School lands; leases; reclassification when; rental.

72-240.03.
School lands; leases; reclassification when; rental.
When the Board of Educational Lands and Funds deems it expedient, due to breaking or retirement of the land, erosion, resodding, or other causes, to reclassify the school land in any county, and at least once in every five-year period, it shall cause reclassification to be made of the land under lease. When this has been accomplished the new rental for each lease shall be computed by applying the new classification of the land to the rental schedules according to classification then in effect and which have been duly adopted by the Board of Educational Lands and Funds for the counties involved. Rental shall be paid by the lessee upon the basis of the new classification. Not more often than once in every two years the lessee may request the board to make a reclassification of the land he or she has under lease and it shall be the duty of the board, within six months after receipt of such request, to cause the classification to be reviewed.
Source
Laws 1947, c. 235, § 7(4), p. 749;
Laws 1949, c. 212, § 11, p. 606;
Laws 1999, LB 779, § 33.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.04 - School lands; leases; expiration.

72-240.04.
School lands; leases; expiration.
All leases hereafter entered into by the board shall be made by the board to expire on December 31 of a given year.
Source
Laws 1947, c. 235, § 7(5), p. 749.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.05 - School lands; leases; rental; complaints.

72-240.05.
School lands; leases; rental; complaints.
The Board of Educational Lands and Funds shall sit twice each year to hear complaints from lessees as to the rental of their leases and may take such action as it may find to be right and proper in regard thereto.
Source
Laws 1947, c. 235, § 7(6), p. 749;
Laws 1949, c. 212, § 12, p. 607;
Laws 1999, LB 779, § 34.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.08 - School lands; control of noxious weeds; cost.

72-240.08.
School lands; control of noxious weeds; cost.
The Board of Educational Lands and Funds shall be responsible and make necessary expenditures for the control of noxious weeds on all school lands of the state. Any expenditure made by such board for the control of noxious weeds shall be considered a cost of administering unsold school lands.
Source
Laws 1965, c. 428, § 1, p. 1367;
Laws 1978, LB 460, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.09 - School lands; control of noxious weeds; contract authorized.

72-240.09.
School lands; control of noxious weeds; contract authorized.
The Board of Educational Lands and Funds shall have the power to contract with supervisors of weed eradication districts of this state or any private or commercial weed control service for the purpose of controlling noxious weeds on school lands.
Source
Laws 1965, c. 427, § 1, p. 1366;
Laws 1978, LB 460, § 3.