Nebraska Administrative Code › Topic - EDUCATION LANDS AND FUNDS, BOARD OF › Title 97 - Board of Educational Lands and Funds › Chapter 7 - IMPROVEMENTS OF EDUCATIONAL LANDS › Section 97-7-008 - Improvements and Growing Crops That Do Not Sell

Current through June 17, 2024
Except as otherwise provided in this Section, appraisable
				  permitted improvements and fall-seeded growing crops which the lessee elects to
				  accept the appraised valuation of to be paid by the purchaser of the land, or
				  the purchaser of a new lease thereof, but with respect to which there is no
				  bidder for the land, or no bidder for a new lease thereof, when the same is
				  offered for sale at public auction, shall for all purposes be deemed to be
				  appraisable permitted improvements which the lessee has the right to remove, or
				  to transfer ownership thereof to the new lessee, or fall-seeded growing crops
				  which the lessee elects to harvest, with like effect as if the lessee had never
				  elected to accept the appraised valuation thereof. With respect to any one or
				  more of such items of property other than fall-seeded growing crops, the lessee
				  may file with the Board within the time referred to in Section 4 of Chapter 7
				  an election to accept the appraised valuation thereof to be paid by any
				  purchaser of the land on which the same is located, or any purchaser of a new
				  lease thereof, at public auction during the succeeding fourteen (14) months.
				  Upon the timely filing of such an election, the Board shall as soon as
				  practicable thereafter reoffer the land, or a new lease or leases thereof, at
				  public auction in one or more parcels either alone or in combination with other
				  land as the Board sees fit in its sole and absolute discretion so long as the
				  manner in which the land is so reoffered does not unreasonably impair any value
				  contributed to the land by the improvements to which such election applies.
				  With respect to any of the land for which there is no bidder, or no bidder for
				  a new lease thereof, when the same is so reoffered for sale at public auction,
				  the Board may enter into a short term rental, tenancy or other agreement for
				  use thereof during the succeeding year with any person and upon any terms as
				  the Board sees fit in its sole and absolute discretion. During such short term
				  rental, tenancy or other agreement, the user of the land pursuant thereto may
				  use any improvements thereon to which such election applies unless such use is
				  precluded by the express terms of such short term rental, tenancy or other
				  agreement; the lessee who made such election shall not be entitled to any
				  payment or other compensation whatsoever for such use from any source; and the
				  user of the land and the Board shall each refrain from intentionally damaging
				  or destroying any improvements to which such election applies but shall have no
				  other duty, obligation, responsibility or liability whatsoever for, about,
				  concerning or in any manner pertaining to any such improvements and
				  specifically, without in any manner limiting the generality of the foregoing,
				  shall have no duty, obligation, responsibility or liability whatsoever to
				  maintain, repair, protect or preserve any such improvements. Prior to
				  expiration of the fourteen (14) month period contemplated in the second
				  sentence of this Section, the Board shall reappraise the unsold improvements to
				  which such election applies and again offer the land upon which such
				  improvements are located, or a new lease or leases thereof, for sale at public
				  auction in one or more parcels either alone or in combination with other land
				  as the Board sees fit in its sole and absolute discretion with the new
				  appraised valuation of each such improvement to be paid by the purchaser of the
				  land on which the same is located, or the purchaser of a new lease thereof. Any
				  appraisable permitted improvements to which such election applies and with
				  respect to which there is no bidder for the land on which the same is located,
				  or no bidder for a new lease thereof, when the same is again so offered for
				  sale at public auction shall for all purposes be deemed to be appraisable
				  permitted improvements which the lessee has the right to remove, or to transfer
				  ownership of to the new lessee, with like effect as if the lessee had never
				  elected to accept the appraised valuation thereof.