reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.10 - School lands; leases; permitted improvements and growing crops of lessee; determine value; inspection; notice.

72-240.10.
School lands; leases; permitted improvements and growing crops of lessee; determine value; inspection; notice.
The Board of Educational Lands and Funds shall have the authority and duty, as specified in sections 72-240.10 to 72-240.23 and 72-258, to determine the value to the land of permitted improvements and growing crops, owned by the lessee of record, on educational lands of the State of Nebraska prior to the sale or lease of such lands. The value to the land of permitted improvements shall not exceed their replacement cost less depreciation. In making such determinations, the board shall notify the lessee that it intends to inspect the premises and shall attempt to so inspect at the convenience of the lessee.
Source
Laws 1967, c. 467, § 1, p. 1452;
Laws 1971, LB 413, § 2;
Laws 1999, LB 779, § 36.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.11 - Improvements and growing crops of lessee; list; acknowledgment in writing; dispute; proceedings.

72-240.11.
Improvements and growing crops of lessee; list; acknowledgment in writing; dispute; proceedings.
The board shall determine what improvements and growing crops are on the land and develop a specific listing and detailed description of permitted and nonpermitted improvements owned by the lessee and by the State of Nebraska. Only those permitted improvements owned by the lessee shall be considered in determining the value of the lessee's interest therein. The listing of permitted improvements and growing crops shall be acknowledged and agreed upon in writing by both parties. In the event of a dispute regarding ownership of any improvements, either the board or the lessee may file an action in district court for a declaratory judgment.
Source
Laws 1967, c. 467, § 2, p. 1452;
Laws 1971, LB 413, § 3.
Annotations
Ownership of improvements on school lands determined pursuant hereto. State v. Rosenberger, 187 Neb. 726, 193 N.W.2d 769 (1972).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.12 - Permitted improvements and growing crops of lessee; appraisal; agreement as to value.

72-240.12.
Permitted improvements and growing crops of lessee; appraisal; agreement as to value.
The board shall make an appraisal of the lessee's permitted improvements and growing crops and attempt to arrive at an agreement with the lessee as to the value of the permitted improvements owned by such lessee.
Source
Laws 1967, c. 467, § 3, p. 1452;
Laws 1971, LB 413, § 4.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.13 - Permitted improvements and growing crops of lessee; value; failure to agree; petition; elect to remove and harvest; notice.

72-240.13.
Permitted improvements and growing crops of lessee; value; failure to agree; petition; elect to remove and harvest; notice.
If the value to the land of any permitted improvements or growing crops cannot be agreed upon, either the board or the lessee may file a petition in the county court of the county wherein the land is situated to have the value to the land of the permitted improvements and growing crops determined. Prior to the filing of such petition the lessee shall have the right, by filing written notice with the board, to elect to remove prior to the expiration of the lease any permitted structural improvements, owned by him, which can be removed without damage to the land or other permitted improvements located on the land. The lessee shall also have the right, by filing written notice with the board, to elect to harvest any fall-seeded growing grain crops in lieu of compensation for the same.
Source
Laws 1967, c. 467, § 4, p. 1453;
Laws 1971, LB 413, § 5.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.14 - Permitted improvements and growing crops of lessee; petition; appraisers; appointment by court; meeting; notices.

72-240.14.
Permitted improvements and growing crops of lessee; petition; appraisers; appointment by court; meeting; notices.
(1) Upon the filing of a petition under section 72-240.13, the county judge or clerk magistrate, within three days by order entered of record, shall appoint three disinterested freeholders of the county, not holders of leases of school lands, to serve as appraisers. The county judge or clerk magistrate shall direct the sheriff to summon the appraisers so selected to convene in the office of the county judge at a time specified in the summons for the purpose of qualifying as appraisers and thereafter proceed to appraise the value of the permitted improvements to the land and growing crops owned by the lessee at the time of termination of the occupying tenant's lease.
(2) Notice of the appointment of the appraisers and of the time and place of the meeting of the board of appraisers to have the value of the permitted improvements to the land and growing crops assessed shall be served upon both the board and the lessee by registered or certified mail at their last-known mailing addresses at least ten days prior to the meeting of the board of appraisers.
Source
Laws 1967, c. 467, § 5, p. 1453;
Laws 1971, LB 413, § 6;
Laws 1987, LB 601, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.15 - Permitted improvements and growing crops of lessee; appraisers; qualified; oath.

72-240.15.
Permitted improvements and growing crops of lessee; appraisers; qualified; oath.
The appraisers shall be qualified by the county judge and an oath administered in the same manner as required by sections 76-707 and 76-708.
Source
Laws 1967, c. 467, § 6, p. 1453.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.16 - Permitted improvements and growing crops of lessee; appraisers; inspection; hear interested parties.

72-240.16.
Permitted improvements and growing crops of lessee; appraisers; inspection; hear interested parties.
The appraisers shall carefully inspect and view the permitted improvements and growing crops to be valued and shall hear any party interested therein in reference to the value of the permitted improvements to the land and growing crops.
Source
Laws 1967, c. 467, § 7, p. 1453;
Laws 1971, LB 413, § 7.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.17 - Permitted improvements and growing crops of lessee; appraisers; assess value; report; file with county judge.

72-240.17.
Permitted improvements and growing crops of lessee; appraisers; assess value; report; file with county judge.
After the inspection, view and hearing provided for in section 72-240.16 the appraisers shall assess the value to the land of the permitted improvements and growing crops as of the date of expiration of the lease on the land and shall make and file a report of such value in writing with the county judge and shall include in such report a list of the value to the land for each permitted improvement individually. Such report shall be filed with the county judge within ten days from the date of the hearing held by the appraisers.
Source
Laws 1967, c. 467, § 8, p. 1454;
Laws 1971, LB 413, § 8.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.18 - Permitted improvements and growing crops of lessee; appraisers; determination of value; factors.

72-240.18.
Permitted improvements and growing crops of lessee; appraisers; determination of value; factors.
(1) The appraisers shall consider in determining the value of the permitted improvements the cost of the permitted improvement less any depreciation, obsolescence and any want of benefit to the land.
(2) In the case of growing crops the appraisers shall assess the value of the crop as of the date of expiration of the lease. The appraisers shall consider in the case of fall-seeded grain crops the cost of seed-bed preparation, fertilization, seed and seeding.
(3) In the case of perennial crops such as alfalfa the appraisers shall consider the costs of establishing such crop, its condition as of the expiration of the lease and normal expected remaining life.
Source
Laws 1967, c. 467, § 9, p. 1454;
Laws 1971, LB 413, § 9.
Annotations
In determining value of permitted improvements made by lessee of school lands, the value of the land means that amount of money that the improvement enhances, contributes, increases, or adds to the value of the land. Pettijohn v. State Board of Educational Lands and Funds, 204 Neb. 271, 281 N.W.2d 901 (1979).
Lessee's value in a growing crop is more than the cost of seed, preparation, and planting. Friehe v. State, 199 Neb. 504, 260 N.W.2d 188 (1977).
In the absence of agreement, a tenant on school lands has a compensable interest in the crops growing thereon on the date of termination of his lease. State v. Bush, 188 Neb. 824, 199 N.W.2d 704 (1972).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.19 - Permitted improvements and growing crops of lessee; appraisers; valuation; appeal.

72-240.19.
Permitted improvements and growing crops of lessee; appraisers; valuation; appeal.
(1) Appeals from the valuation set by the board of appraisers may be made by either party in the same manner as appeals from the award of a board of appraisers in condemnation proceedings as governed by sections 76-715 to 76-721. Those provisions shall apply as if the board is the condemner and the lessee is the condemnee.
(2) No bond shall be required of the board to cover the value to the land of the permitted improvements and growing crops found by the appraisers during the appeal.
Source
Laws 1967, c. 467, § 10, p. 1454;
Laws 1971, LB 413, § 10.
Annotations
Trial court is without authority to fix appraiser's fees and attorney's fees to be taxed against the Board of Educational Lands and Funds. Pettijohn v. State Board of Educational Lands and Funds, 204 Neb. 271, 281 N.W.2d 901 (1979).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.20 - Permitted improvements and growing crops of lessee; appraisers; fee.

72-240.20.
Permitted improvements and growing crops of lessee; appraisers; fee.
The appraisers shall receive a reasonable fee, not to exceed fifty dollars each, for their services, to be fixed by the county judge, and the same shall be taxed to the lessee.
Source
Laws 1967, c. 467, § 11, p. 1454;
Laws 1969, c. 589, § 2, p. 2440.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.21 - Permitted improvements and growing crops of lessee; value; announcement; sale price in addition; deposit; lien.

72-240.21.
Permitted improvements and growing crops of lessee; value; announcement; sale price in addition; deposit; lien.
(1) When the land is put up for sale, the minimum sale price shall be determined as in section 72-258.
(2) At the time of sale or lease, but prior to the commencement of bidding, a representative of the board shall announce to all present the value to the land of the permitted improvements and growing crops for which the purchaser of the land or lease must pay the lessee as determined under sections 72-240.10 to 72-240.23 and 72-258 or by agreement and shall clearly state that the payment for these permitted improvements and growing crops shall be in addition to the price paid for the land or the lease.
(3) In making the publications required by section 72-233 or 72-258, the board shall include in those publications the determined value to the land of the permitted improvements and growing crops owned by the lessee of the land and shall clearly indicate that this amount is to be paid in addition to the price paid for the land or the lease.
(4) When the land is sold, the purchaser shall be instructed by the board that he or she must, within thirty days of the date of the sale, deposit the amount of value of the permitted improvements with the county treasurer of the county wherein the land is situated with instructions to the treasurer that the money be paid to the lessee upon notification of issuance of the deed or lease. The state shall have a lien upon the funds so paid to the amount of any unpaid rent and interest on such lands due and owing to the state from the former lessee.
Source
Laws 1967, c. 467, § 12, p. 1455;
Laws 1969, c. 591, § 1, p. 2442;
Laws 1971, LB 413, § 11;
Laws 1999, LB 779, § 37.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.22 - Permitted improvements and growing crops of lessee; separate improvements; disagreement on value; appraisal.

72-240.22.
Permitted improvements and growing crops of lessee; separate improvements; disagreement on value; appraisal.
The permitted improvements and growing crops covered by sections 72-240.10 to 72-240.23 and 72-258 shall be deemed to be separate permitted improvements and if the board and the lessee agree as to the value of some permitted improvements but disagree as to the value of others, only those on which they do not agree need be appraised under the appraisal provisions of sections 72-240.10 to 72-240.23 and 72-258.
Source
Laws 1967, c. 467, § 13, p. 1455;
Laws 1971, LB 413, § 12;
Laws 1999, LB 779, § 38.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.23 - Permitted improvements and growing crops of lessee; lease of land; value of improvements and crops; new lessee; payment.

72-240.23.
Permitted improvements and growing crops of lessee; lease of land; value of improvements and crops; new lessee; payment.
If land is not sold under the provisions of sections 72-240.10 to 72-240.23, 72-257, and 72-258 and is leased according to section 72-258.01, the new lessee shall pay to the old lessee the value of his or her permitted improvements as determined for sale purposes.
Source
Laws 1967, c. 467, § 14, p. 1455;
Laws 1971, LB 413, § 13;
Laws 1999, LB 779, § 39.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.25 - School lands; lessee; relinquish interest; notice.

72-240.25.
School lands; lessee; relinquish interest; notice.
Any lessee of educational lands may, subject to the approval of the board, relinquish his interest in such lease as of the following December 31 by notice to the Board of Educational Lands and Funds on or before November 30 of that year. The notice must be in writing signed and acknowledged by the lessee, and delivered to the office of the board.
Source
Laws 1974, LB 894, § 5.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-240.26 - Board of Educational Lands and Funds; Nebraska Investment Council; annual report; contents.

72-240.26.
Board of Educational Lands and Funds; Nebraska Investment Council; annual report; contents.
The Board of Educational Lands and Funds and the Nebraska Investment Council shall jointly report annually to the Clerk of the Legislature, and such report shall contain anticipated future actions by the board as well as actions already taken. The report submitted to the Clerk of the Legislature shall be submitted electronically. The board's portion of the report shall include (1) with reference to each tract of land sold pursuant to section 72-201.01: (a) The legal description; (b) the unique characteristics of the land being sold; (c) the appraised value; (d) the sale price; (e) the amount of funds received in the calendar year covered by the report from the sale; (f) the disposition of the funds; (g) the total number of acres of any unsold educational lands remaining under the general management and control of the board by county; (h) the total appraised value of unsold land; and (i) the percentage of the investment portfolio remaining in real estate, including all nonagricultural real estate and (2) the corresponding information for any land that has been acquired or traded. The council's portion of the report shall include a cost-benefit analysis which considers the land being sold versus the anticipated investment potential of proceeds resulting from the sale. The cost-benefit analysis model used shall be consistent with the standards of the investment industry at the time of the proposed sale. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the chairperson of the board.
Source
Laws 1974, LB 894, § 6;
Laws 1979, LB 322, § 31;
Laws 1996, LB 1205, § 2;
Laws 2000, LB 1010, § 2;
Laws 2012, LB782, § 129.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-241 - School lands; leases; assignments; validity; recording.

72-241.
School lands; leases; assignments; validity; recording.
An assignment of a school land lease shall not be valid until recorded in the office of the Board of Educational Lands and Funds and shall not be eligible to such record if there are any payments of interest or rental due at the time the assignment is offered for record.
Source
Laws 1899, c. 69, § 18, p. 310;
R.S.1913, § 5864;
C.S.1922, § 5200;
Laws 1923, c. 60, § 1, p. 183;
C.S.1929, § 72-220;
Laws 1935, c. 163, § 13, p. 606;
C.S.Supp.,1941, § 72-220;
R.S.1943, § 72-241;
Laws 1999, LB 779, § 40.
Annotations
Assignment of school land lease is not valid until recorded in the office of the Board of Educational Lands and Funds. Kidder v. Wright, 177 Neb. 222, 128 N.W.2d 683 (1964).
Assignments of school land leases are permitted, but to be effective against the state must be recorded. State ex rel. Johnson v. Commercial State Bank, 142 Neb. 752, 7 N.W.2d 654 (1943).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-242 - School lands; publication of notice; fees.

72-242.
School lands; publication of notice; fees.
The publisher of any advertisement in connection with the forfeiture, leasing or sale of any educational lands shall be allowed the fees fixed by law for publishing legal notices, or standard commercial rates when the board elects to use commercial advertising.
Source
Laws 1899, c. 69, § 19, p. 310;
R.S.1913, § 5865;
Laws 1921, c. 80, § 3, p. 293;
C.S.1922, § 5201;
Laws 1927, c. 190, § 1, p. 545;
C.S.1929, § 72-221;
Laws 1933, c. 96, § 12, p. 391;
Laws 1941, c. 180, § 3, p. 701;
C.S.Supp.,1941, § 72-221;
R.S.1943, § 72-242;
Laws 1947, c. 235, § 8, p. 750;
Laws 1974, LB 894, § 3.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-244 - School lands; adjoining cities or villages; subdivisions; leasing; amount; procedure.

72-244.
School lands; adjoining cities or villages; subdivisions; leasing; amount; procedure.
Any portion of the lands of this state governed by sections 72-201 to 72-251, adjoining the site of any city or town, may be subdivided into lots and leased as herein provided. The Board of Educational Lands and Funds, being satisfied that by a division of any such tract into lots, the lease of the same can be made for a greater amount than if leased in tracts of forty acres, as herein provided, shall have the authority to employ the necessary surveyors, and cause such tracts to be subdivided into lots and tracts of such size as they may determine, and a plat of the same shall be made and filed for record in the office of the county clerk. Such lots shall be appraised by the appraisers to be appointed by the board, none of whom shall be occupants of the land to be leased. Tracts of land so subdivided and appraised shall be leased according to the provisions of said sections. The board shall give thirty days' notice of such letting, and publish the same in a newspaper of general circulation published in the county in which said lots are situated. Each notice shall contain a list of the lots to be leased, and the appraised value of each. The leasing of such lots shall take place, on the day appointed, under the direction of the board, and shall be leased to the highest bidder, but in no case for less than six percent of the appraised value. Lots remaining unleased shall be again offered for lease at public auction at such time as the board shall direct, and the board may adjourn the leasing from day to day until all the lots are offered.
Source
Laws 1899, c. 69, § 20, p. 311;
R.S.1913, § 5866;
C.S.1922, § 5202;
C.S.1929, § 72-222;
Laws 1935, c. 163, § 15, p. 608;
C.S.Supp.,1941, § 72-222;
R.S.1943, § 72-244.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-245 - School lands; waste or trespass; penalty.

72-245.
School lands; waste or trespass; penalty.
If any person shall commit waste or trespass, or other injury or damage, or destroy any of the trees upon any of the educational lands of this state referred to in sections 72-201 to 72-251, except as herein authorized, he shall be guilty of a Class II misdemeanor.
Source
Laws 1899, c. 69, § 21, p. 312;
Laws 1909, c. 133, § 2, p. 482;
R.S.1913, § 5867;
C.S.1922, § 5203;
C.S.1929, § 72-223;
Laws 1935, c. 163, § 16, p. 609;
C.S.Supp.,1941, § 72-223;
R.S.1943, § 72-245;
Laws 1977, LB 39, § 178.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-246 - School lands; leases; covenant required.

72-246.
School lands; leases; covenant required.
All leases executed after May 3, 1935, with respect to educational lands shall contain a covenant to the effect that no prairie lands shall be broken without written permission authorized by the Board of Educational Lands and Funds.
Source
Laws 1935, c. 163, § 16, p. 609;
C.S.Supp.,1941, § 72-223;
R.S.1943, § 72-246;
Laws 1999, LB 779, § 41.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-247 - School lands; waste or trespass; violations; submission to grand jury.

72-247.
School lands; waste or trespass; violations; submission to grand jury.
A judge of the district court shall refer charges made under section 72-245 to the grand jury at each term for investigation, and it shall make presentment of all violations thereof.
Source
Laws 1899, c. 69, § 24, p. 312;
R.S.1913, § 5868;
C.S.1922, § 5204;
C.S.1929, § 72-224;
R.S.1943, § 72-247.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-248 - School lands; timber; sale; public auction.

72-248.
School lands; timber; sale; public auction.
The Board of Educational Lands and Funds may sell timber on educational lands whenever the board deems it for the best interest of school funds. Said timber shall be sold at public auction in accordance with rules and regulations adopted by the board.
Source
Laws 1899, c. 69, § 22, p. 312;
R.S.1913, § 5869;
C.S.1922, § 5205;
C.S.1929, § 72-225;
R.S.1943, § 72-248;
Laws 1949, c. 214, § 1, p. 611.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-249 - Federal funds; receipt; deposit; how allocated.

72-249.
Federal funds; receipt; deposit; how allocated.
The Governor of the state is empowered and directed to receive from the United States all money that may be due or may become due to the state, and it shall be his or her duty to deposit the same without delay in the treasury of the state, taking the State Treasurer's receipts therefor. All money received from the United States, for the particular benefit of any institution, department, or activity under the jurisdiction of the Department of Health and Human Services or the Department of Correctional Services, shall be paid to the particular institution, department, or activity for the benefit of which it was received, as directed by the proper department, and by such institution, department, or activity deposited with the State Treasurer not later than the first day of the month following that in which received.
Source
Laws 1899, c. 69, § 31, p. 314;
R.S.1913, § 5871;
Laws 1919, c. 119, § 1, p. 284;
C.S.1922, § 5206;
C.S.1929, § 72-226;
R.S.1943, § 72-249;
Laws 1963, c. 418, § 1, p. 1342;
Laws 1973, LB 563, § 9;
Laws 1996, LB 1044, § 787;
Laws 2007, LB296, § 696.
Cross References
Purpose of section, see section 83-901.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-250 - Permanent school fund; sale of public lands; credit to state.

72-250.
Permanent school fund; sale of public lands; credit to state.
All money that may be received from the United States on account of the five percent fund on cash sale shall be placed to the credit of the permanent school fund of the state.
Source
Laws 1899, c. 69, § 30, p. 313;
R.S.1913, § 5872;
C.S.1922, § 5207;
C.S.1929, § 72-227;
R.S.1943, § 72-250.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-251 - Permanent school fund; collections on judgments; payable to fund.

72-251.
Permanent school fund; collections on judgments; payable to fund.
All money arising from collections on judgments in favor of the state, shall be transferred and paid into the permanent school fund and become a part thereof.
Source
Laws 1899, c. 69, § 36, p. 315;
R.S.1913, § 5873;
C.S.1922, § 5208;
C.S.1929, § 72-228;
R.S.1943, § 72-251.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-253 - School lands; exchange for federal or other lands; board; powers and duties.

72-253.
School lands; exchange for federal or other lands; board; powers and duties.
(1) The Board of Educational Lands and Funds is authorized and empowered to enter into agreements with the officers and agents of the United States Government for the exchange of any state educational lands lying within any federal forest or game reserve within this state for other lands of equal areas and value belonging to the United States. The board is authorized to convey any such lands to the United States by deed as provided in section 72-208, upon the execution by the United States Government of a patent to the State of Nebraska for the United States lands so exchanged.
(2) The Board of Educational Lands and Funds is authorized, upon the written approval of the Governor, to enter into agreements with individuals for the exchange of any state educational lands for other lands of equal areas or value. Before such an exchange shall be made, it shall be shown that the Board of Educational Lands and Funds will likely be benefited by the exchange.
Source
Laws 1917, c. 212, § 1, p. 519;
C.S.1922, § 5211;
C.S.1929, § 72-231;
Laws 1931, c. 120, § 1, p. 350;
C.S.Supp.,1941, § 72-231;
R.S.1943, § 72-253;
Laws 1976, LB 626, § 1;
Laws 1999, LB 779, § 42.
Annotations
State recognizes that it cannot expect United States to bear burden created by outstanding leaseholds. State of Nebraska v. United States, 164 F.2d 866 (8th Cir. 1947).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-254 - School and federal lands; exchange; lease; renewal; removal of improvements.

72-254.
School and federal lands; exchange; lease; renewal; removal of improvements.
Any lands so received and patented from the United States shall be held as a part of the educational lands of this state, and shall be subject to all existing laws pertaining to such lands;
Provided,
that such lands, so received in exchange, shall only be subject to lease for terms not exceeding twelve years, with the privilege of renewing for a like term in the option of the board. Such leases may also include the right to the lessee of removing all improvements he may have erected on the land.
Source
Laws 1917, c. 212, § 2, p. 519;
C.S.1922, § 5212;
Laws 1925, c. 134, § 1, p. 353;
C.S.1929, § 72-232;
R.S.1943, § 72-254;
Laws 1963, c. 418, § 2, p. 1343.
Annotations
Right of lessee to remove all improvements he may have erected is recognized. 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 › 72-255 - School and federal lands; exchange; lessee's interest; release; condemnation; procedure.

72-255.
School and federal lands; exchange; lessee's interest; release; condemnation; procedure.
The Board of Educational Lands and Funds is further authorized to secure from the holders of any leases of any educational lands lying in any federal forest reserve, surrenders, relinquishments, or cancellation of such leases. If the board and the holder of any such leases cannot agree upon the terms for such surrender, relinquishment, or cancellation, the board may take over the interest of such holder by the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1917, c. 212, § 3, p. 520;
C.S.1922, § 5213;
C.S.1929, § 72-233;
R.S.1943, § 72-255;
Laws 1951, c. 101, § 111, p. 499;
Laws 1999, LB 779, § 43.
Annotations
State may condemn leasehold for forest reserve. State of Nebraska v. United States, 164 F.2d 866 (8th Cir. 1947).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-256 - School and federal lands; exchange; minimum appraised value.

72-256.
School and federal lands; exchange; minimum appraised value.
The appraised value of any state lands exchanged under sections 72-253 to 72-255 shall not be less than seven dollars per acre, and the appraised value of the United States land received therefor shall correspond to this requirement.
Source
Laws 1917, c. 212, § 4, p. 520;
C.S.1922, § 5214;
C.S.1929, § 72-234;
R.S.1943, § 72-256.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-257 - School lands; expiration of lease; sale; mineral rights; appraisal; limitation on price; contiguous tracts; how treated.

72-257.
School lands; expiration of lease; sale; mineral rights; appraisal; limitation on price; contiguous tracts; how treated.
All lands, now owned or hereafter acquired by the state for educational purposes, may be sold at the expiration of the present leases. The Board of Educational Lands and Funds shall retain all mineral rights in the land sold. Prior to such sale, the land may be appraised for purposes of sale in the same manner as privately owned land by a certified general real property appraiser appointed by the board and thereafter shall be sold at public sale at not less than the appraised value. When two or more contiguous tracts are under separate leases with different expiration dates, the board may, if it is deemed to be in the best interest of the state, defer the sale of any tract having an earlier lease expiration date and may offer the tract for lease for less than twelve years to coincide with the expiring lease of the contiguous tract, in order that the contiguous lands may eventually be offered for sale on the same date.
Source
Laws 1921, c. 81, § 1, p. 294;
C.S.1922, § 5215; C.S.1929, § 72-235;
Laws 1935, c. 163, § 17, p. 609;
C.S.Supp.,1941, § 72-235;
Laws 1943, c. 161, § 1, p. 575;
R.S.1943, § 72-257;
Laws 1949, c. 214, § 2, p. 611;
Laws 1951, c. 239, § 1, p. 846;
Laws 1961, c. 352, § 1, p. 1112;
Laws 1963, c. 419, § 1, p. 1345;
Laws 1965, c. 435, § 2, p. 1386;
Laws 1967, c. 466, § 10, p. 1450;
Laws 1973, LB 145, § 1;
Laws 2000, LB 1010, § 3;
Laws 2006, LB 778, § 7.
Annotations
Section held constitutional. State ex rel. Belker v. Board of Educational Lands & Funds, 184 Neb. 621, 171 N.W.2d 156 (1969).
In the event of sale of school land to third person, tenant has a right to compensation for improvements. Banks v. State, 181 Neb. 106, 147 N.W.2d 132 (1966).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-257.01 - School lands; priorities for sale; request to sell.

72-257.01.
School lands; priorities for sale; request to sell.
The Board of Educational Lands and Funds shall review and set priorities for the sale of lands covered by leases expiring each year, giving the highest priority to those lands which it determines, considering all relevant factors, can be sold to the best advantage. Any leaseholder or other interested party may request that the land covered by any expiring lease be offered for sale, and the board shall give consideration to such request in deciding whether to offer such land for sale.
Source
Laws 1973, LB 145, § 2.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-258.01 - School lands; unsold; lease; duration.

72-258.01.
School lands; unsold; lease; duration.
If such land should not be sold according to the provisions of sections 72-208, 72-257, 72-257.01, and 72-258, then it shall be offered for lease as the Board of Educational Lands and Funds shall provide for a period of not less than three years nor more than eight years as the board, in its discretion, shall determine. No such leased land shall be subsequently offered for sale until the expiration of such lease.
Source
Laws 1965, c. 435, § 4, p. 1387;
Laws 1973, LB 145, § 3.
Annotations
Section held constitutional. State ex rel. Belker v. Board of Educational Lands & Funds, 184 Neb. 621, 171 N.W.2d 156 (1969).
Where school land is not sold, it can be offered for lease for a six-year period. Banks v. State, 181 Neb. 106, 147 N.W.2d 132 (1966).
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-258.02 - National System of Interstate and Defense Highways; construction on school lands; sale; procedure.

72-258.02.
National System of Interstate and Defense Highways; construction on school lands; sale; procedure.
Whenever a portion of the National System of Interstate and Defense Highways is constructed on school land and an interchange is constructed on such school land, the Board of Educational Lands and Funds shall offer such land for sale at public auction in such tracts as the board shall determine and sell it at not less than its appraised value. The sale shall be made subject to the rights of leaseholders, if any, and the leaseholder shall be paid for improvements and the value of the leasehold for agricultural purposes. The sale shall be made in accordance with the provisions of section 72-258.
Source
Laws 1969, c. 586, § 1, p. 2435;
Laws 2000, LB 1010, § 5.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-258.03 - School lands; sale; appraised value.

72-258.03.
School lands; sale; appraised value.
For purposes of sales of educational lands at public auction, appraised value is the value as determined by the Board of Educational Lands and Funds.
Source
Laws 2000, LB 1010, § 1;
Laws 2007, LB166, § 2;
Laws 2009, LB166, § 3;
Laws 2011, LB210, § 3;
Laws 2012, LB800, § 1.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259 - School lands; sale; proceeds; disposition.

72-259.
School lands; sale; proceeds; disposition.
(1) The Board of Educational Lands and Funds shall deposit the proceeds of the sales of educational lands with the State Treasurer for the benefit of the various funds as provided in this section.
(2) The proceeds of the sales of common school and saline educational lands shall be deposited with the State Treasurer for the benefit of the permanent school fund of the state.
(3) The proceeds of the sales of university educational trust lands shall be deposited with the State Treasurer for the benefit of the Permanent Endowment Fund referred to in section 85-123.
(4) The proceeds of the sales of state college educational trust lands shall be deposited with the State Treasurer for the benefit of the endowment fund referred to in section 85-317.
Source
Laws 1921, c. 81, § 3, p. 295;
C.S.1922, § 5217;
C.S.1929, § 72-237;
R.S.1943, § 72-259;
Laws 1996, LB 1205, § 4.
Cross References
Permanent school fund, see Article VII, sections 5 and 9, Constitution of Nebraska.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.01 - School lands; adjacent to city of the first or second class; plat; request for annexation; filing.

72-259.01.
School lands; adjacent to city of the first or second class; plat; request for annexation; filing.
When any educational lands abutting on and adjacent to any city of the first or second class that are needed for the expansion of such city have been subdivided into lots for the purpose of sale, as provided by section 72-257, the Board of Educational Lands and Funds may cause a plat of such subdivision to be filed in the office of the clerk of the city together with a resolution of the board requesting annexation of the tract to the city.
Source
Laws 1953, c. 259, § 1, p. 868.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.02 - School lands; adjacent to city of the first or second class; plat; contents; certification.

72-259.02.
School lands; adjacent to city of the first or second class; plat; contents; certification.
Such plat shall accurately describe all subdivisions of such tract or parcel of land, numbering the same by progressive numbers and giving the dimensions in length and breadth thereof, and the breadth and courses of all streets and alleys established therein, and shall be certified to by the State Surveyor.
Source
Laws 1953, c. 259, § 2, p. 868.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.03 - School lands; adjacent to city of the first or second class; annexation; vote.

72-259.03.
School lands; adjacent to city of the first or second class; annexation; vote.
The city council shall, at the next regular meeting thereof after the filing of such plat, as required by section 72-259.01, and request for annexation, vote upon the question of such annexation. The vote thereon shall be spread upon the records of such city.
Source
Laws 1953, c. 259, § 3, p. 868.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.04 - School lands; adjacent to city of the first or second class; annexation; ordinance; contents.

72-259.04.
School lands; adjacent to city of the first or second class; annexation; ordinance; contents.
If a majority of all members of the council vote for such annexation, an ordinance shall be prepared and passed by the council declaring the annexation of such territory to the corporate limits of the city and extending the limits thereof accordingly. Such ordinance shall designate the name of the addition and the names of the streets therein.
Source
Laws 1953, c. 259, § 4, p. 869.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.05 - School lands; adjacent to city of the first or second class; annexation; filings required.

72-259.05.
School lands; adjacent to city of the first or second class; annexation; filings required.
There shall be filed forthwith, in the office of the register of deeds of the proper county, (1) a plat of such territory certified by the State Surveyor, (2) a certified copy of the resolution of the Board of Educational Lands and Funds approving the same and requesting the annexation, and (3) a copy of the ordinance declaring such annexation, certified under the seal of the city. Thereupon, such annexation of such adjacent territory shall be deemed complete, and the territory included and described in the plat shall be deemed and held to be a part of the city.
Source
Laws 1953, c. 259, § 5, p. 869.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.06 - School lands; adjacent to city of the first or second class; dedication of streets and alleys.

72-259.06.
School lands; adjacent to city of the first or second class; dedication of streets and alleys.
The filing of such plat and proceedings in the office of the register of deeds shall constitute a dedication of the streets and alleys contained therein so long as the same shall be used for such public purposes.
Source
Laws 1953, c. 259, § 6, p. 869.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.07 - School lands; adjacent to city of the first or second class; sale; taxes; when.

72-259.07.
School lands; adjacent to city of the first or second class; sale; taxes; when.
The lands included in the territory so annexed shall not be subject to any taxes or special assessments so long as the same remain the property of the state, but upon sale and delivery of a deed by the state to the purchaser the lands so conveyed shall forthwith be placed upon the tax list and shall be included in the next annual assessment.
Source
Laws 1953, c. 259, § 7, p. 869.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-259.08 - School lands; subdivide; plat; filing; dedication of streets and alleys.

72-259.08.
School lands; subdivide; plat; filing; dedication of streets and alleys.
Whenever the Board of Educational Lands and Funds determines, considering all relevant factors, that it would be in the best interests of the educational trust to do so, it may subdivide and plat any tract prior to offering it for sale. Such plats shall be prepared as prescribed in section 72-259.02 and shall be filed in the office of the register of deeds and such filing shall constitute a dedication of the streets and alleys shown therein so long as the same are used for such purposes.
Source
Laws 1973, LB 145, § 4.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-261 - School lands; acquisition by Game and Parks Commission; procedure; approval by Governor.

72-261.
School lands; acquisition by Game and Parks Commission; procedure; approval by Governor.
The Game and Parks Commission is authorized to acquire title by condemnation to not more than one section or six hundred forty acres of educational lands in any calendar year for parks, recreation areas, or wildlife management areas, or any combination of these uses. The commission shall employ the procedure set forth in sections 72-213 to 72-224 to acquire such title, except that the determination of the value of the lands to be acquired shall be in the manner provided by section 72-224.03 and the value of any leasehold interests to be acquired shall be determined as provided by section 72-224.02. The Governor shall approve all such acquisitions as provided in section 37-303.
Source
Laws 1935, c. 81, § 1, p. 270;
C.S.Supp.,1941, § 72-243;
R.S.1943, § 72-261;
Laws 1963, c. 420, § 1, p. 1346;
Laws 1965, c. 433, § 3, p. 1382;
Laws 1998, LB 922, § 407.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-262 - Resurvey of school lands; Grant and Hooker Counties; acceptance.

72-262.
Resurvey of school lands; Grant and Hooker Counties; acceptance.
The State of Nebraska hereby adopts the Dixon and Alt survey of the school lands included in the survey made in accordance with the special Act of Congress entitled, An act providing for the resurvey of Grant and Hooker Counties in the State of Nebraska, approved August 9, 1894, as the true and correct survey of the school lands belonging to the State of Nebraska included in that survey, and hereby adopts the lines, corners and monuments made under the above special Act of Congress for Grant and Hooker Counties, Nebraska, as the true, correct and legal boundary lines of the school lands included in that survey.
Source
Laws 1915, c. 230, § 1, p. 534;
C.S.1922, § 5210;
C.S.1929, § 72-230;
R.S.1943, § 72-262.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-263 - Resurvey of school lands; Morrill County; acceptance.

72-263.
Resurvey of school lands; Morrill County; acceptance.
The resurvey made by the United States Government of school sections sixteen and thirty-six, in townships twenty-one, twenty-two and twenty-three north, of range forty-seven, west of the sixth principal meridian, in Morrill County, Nebraska, and known as tracts numbers sixty-three and sixty-four in township twenty-one; tracts numbers sixty-five and sixty-six in township twenty-two, and tracts numbers seventy-eight and seventy-nine in township twenty-three, which surveys have been approved by the Commissioner of the General Land Office, are accepted and adopted as the true and correct lines, corners, monuments and boundaries of such school sections.
Source
Laws 1929, c. 184, § 1, p. 647;
C.S.1929, § 72-240;
R.S.1943, § 72-263.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-266 - Board of Educational Lands and Funds; authority to sell personal property.

72-266.
Board of Educational Lands and Funds; authority to sell personal property.
The state Board of Educational Lands and Funds may sell, at either public or private sale, and convert into money, articles of personal property acquired by the common school fund through bequest, gift, escheat or forfeiture to the State of Nebraska.
Source
Laws 1943, c. 155, § 1, p. 565;
R.S.1943, § 72-266.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-267 - School lands; Cherry County; designation; subdivision; improvements; sale.

72-267.
School lands; Cherry County; designation; subdivision; improvements; sale.
The northeast quarter of the southeast quarter of section 31, township 34, north, range 27, west of the sixth principal meridian; section 32 and lots 1 and 2, and the west half of the southeast quarter of section 33, and the west half of section 33, township 34, north, range 27, west of the sixth principal meridian; all in Cherry County, Nebraska, title to which is vested in the State of Nebraska, shall be leased by the Board of Educational Lands and Funds in the same manner as is provided for the leasing of the common school lands of the state;
Provided,
that the northeast quarter of the southeast quarter of section 31, township 34, north, range 27, west of the sixth principal meridian, Cherry County, Nebraska, together with all improvements thereon, may be sold by the board at public auction, as provided by section 72-258, and may be subdivided for the purpose of sale in such manner as the board may determine.
Source
Laws 1953, c. 257, § 1, p. 866.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-268 - School lands; Cherry County; funds; deposit; transfer.

72-268.
School lands; Cherry County; funds; deposit; transfer.
The Board of Educational Lands and Funds shall place all money received for rental of the land, described in section 72-267, in the temporary school fund and all money received from the sale of the land, authorized to be sold by section 72-267, in the permanent school fund. All money now in the hands of the State Treasurer, received heretofore for the rental of such lands, shall be transferred to the temporary school fund.
Source
Laws 1953, c. 257, § 2, p. 866.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-269 - School lands; Dawes County; transfer to Game and Parks Commission.

72-269.
School lands; Dawes County; transfer to Game and Parks Commission.
The Board of Educational Lands and Funds is authorized and directed to sell section thirty-six, township thirty-two north, range forty-nine, west of the sixth principal meridian, Dawes County, Nebraska, reserving mineral, oil, and gas rights, to the Game and Parks Commission on payment of forty thousand dollars. All mineral extraction and exploration on such land shall be conducted in a manner approved by both the Board of Educational Lands and Funds and the Game and Parks Commission.
Source
Laws 1967, c. 463, § 1, p. 1434.
2023 Nebraska Revised Statutes › Chapter 72 - Public Lands, Buildings, and Funds › 72-270 - Production of wind or solar energy; agreements; sections applicable.

72-270.
Production of wind or solar energy; agreements; sections applicable.
Agreements involving the production of wind or solar energy on lands under the control of the Board of Educational Lands and Funds shall be regulated by sections 72-270 to 72-274.
Source
Laws 2010, LB235, § 1;
Laws 2012, LB828, § 11.