Nebraska Administrative Code › Topic - NATURAL RESOURCE COMMISSION › Title 257 - ADMINISTRATION OF SMALL WATERSHEDS FLOOD CONTROL FUND › Chapter 1 - ADMINISTRATION OF SMALL WATERSHEDS FLOOD CONTROL FUND › Section 257-1-002 - Fund Administration

Current through June 17, 2024
002.01
Eligibility for Funds.
To be eligible for assistance
				from the Fund, the local organization must first enter into an agreement with
				the Department specifying a hydrologic unit and the total number of land rights
				to be acquired by the local organization in such unit. Such agreement will
				provide that the local organization will abide by the law and rules governing
				administration of the Fund, and that the Department in relation to the program
				of work has found that the conditions in Neb. Rev. Stat. § 2-15 02 (1) (b)
				have been met.
002.02
Acceptance of Appraisals.
An appraisal prepared in
				accordance with Neb. Rev. Stat. §
									2-1502(1)
				(g)  must accompany each formal request or
				application for funds. In the event the Commission or the Department determines
				that the appraisal is subject to question, the Department may hire an appraiser
				at State expense to aid the Commission in making its decision whether or not to
				approve the appraisal.
002.03
Damage to Crops.
When applicable, the local
				organization will also cause an appraisal to be made of all crops growing on
				the land to be purchased. Such crop appraisal will be subject to Commission
				approval and any rule, set forth herein, applicable to appraisals in general.
				The local organization will give the landowner the option of (1) retaining his
				or her interest in the crops, in which event he or she will be given a
				reasonable period of time to harvest the same; or (2) selling such interest
				along with the land.
002.04
Purchase Price and Total Cost of Acquisition.
For
				purposes of Fund administration the terms "purchase price" and "total cost of
				acquisition" will in the absence of a condemnation proceeding mean the amount
				actually paid by the local organization or the amount established by an
				appraisal conducted in accordance with Neb. Rev. Stat. §
									2-1502(1)(g),
				whichever is the lesser amount. In the event of a condemnation proceeding, such
				terms mean the amount of damages awarded by a court of competent jurisdiction.
				Payments by a local organization in excess of any purchase price will be the
				sole responsibility of the local organization and will have no effect upon the
				distribution of any proceeds subsequently realized from the sale of the land or
				right-of-way pursuant to Neb. Rev. Stat. § 21502.
002.05
Title Opinion or Title
				Insurance and other Relevant Documents.
Before any funds are paid
				out, the local organization must furnish to the Department a copy of a title
				opinion or title insurance policy on the property or interest to be acquired,
				whether through purchase or condemnation. A title opinion must have been
				drafted following a title search by an attorney who is hired by the local
				organization and who is admitted to practice law in Nebraska. A title insurance
				policy must be from an insurance company authorized to provide such insurance
				in Nebraska. The local organization will also furnish the Department with a
				copy of any purchase agreement or other written document demonstrating the
				terms and conditions of the proposed purchase.
002.06
Eminent Domain
				Awards
. If a local organization is unable to acquire an interest
				in real property for which an appraisal has been approved, except through the
				power of eminent domain, approval by the Commission of any court award
				exceeding the appraised value is required prior to disbursement of any funds in
				excess of such appraised value. The Commission reserves the right to require
				that the local organization appeal such award if it is deemed excessive or to
				allocate a percentage of the court award as provided in Subsection
				002.07(B)(2)
002.07
Amount Paid.
002.07(A) The Commission reserves the right
				to approve or reject payment for any purchases of any lands, easements, or
				rights-of-way within the hydrologic unit described in the agreement and
				executed in accordance with Subsection 002.01. In addition, if based on reports
				from the local organization or other information available, the Commission has
				reasonable grounds for concern that a project, or any portion of it, may not be
				completed, it may withhold or limit assistance to the organization for the
				acquisition of any lands, easements, or rights-of-way needed for that project.
				However, any Commission action to refuse to assist an organization in paying
				the costs of acquisition of any interest in land will not affect the
				organization's right to reimbursement for costs for which it has become legally
				obligated prior to such Commission action. In addition, such action will not
				affect the organization's right to reimbursement for the cost of land, or
				interests in land, acquired through condemnation actions commenced prior to the
				Commission action. Reasonable grounds for concern includes, but is not limited
				to, opposition to completion of the project including current or anticipated
				lawsuits; or the unavailability or loss of local, other State, or Federal
				funds.
002.07(B) The amount that
				will be approved by the Commission for payment out of the Fund will not exceed
				the purchase price as defined in Subsection 002.04. The Commission may,
				however, determine that an amount less than the purchase price should be paid
				from the Fund for any one of the following reasons:
002.07(B)(1) The dollar amount of all
				unapproved requests for funding assistance exceeds the availability of
				uncommitted funds. Prior to approving any additional requests for assistance
				under such circumstances, the Commission will, following consultation with all
				affected local organizations, determine whether the available funds could be
				most effectively utilized:
002.07(B)(1)(i) by
				deferring assistance until funds do become available to one or more local
				organizations that would not encounter serious problems because of such
				deferral;
002.07(B)(1)(ii) by
				allocating funds to all applicants on the basis of a percentage of purchase
				price; or
002.07(B)(1)(iii) by
				utilizing a combination of percentage allocation and
				deferral.
002.07(B)(2) A
				court of competent jurisdiction has made an award in condemnation in excess of
				the value established by the appraisal approved by the Commission. Provided
				that the dollar amount paid by the Commission in such cases will not be less
				than the amount specified in the approved appraisal or the amount determined in
				accordance with Subsection 002.07(B)(1), whatever amount is less.
002.07(C) If for any of the reasons
				previously provided, the Commission determines that an amount less than the
				purchase price should be allocated from the Fund for the acquisition of any
				interest in real property, the local organization will remit to the Department
				a pro rata share of the proceeds of any subsequent sale of such property. The
				pro rata share will be equal to the percentage of the total cost of acquisition
				of such property made from any State allocation from the
				Fund.