Title 37, Public Lands

In this title, unless the context otherwise requires: 1. "Agricultural lands" means lands which are used or can be used principally for: (a) Raising crops, fruits, grains and similar farm products. (b) Algaculture. For the purposes of this subdivision "algaculture" means the cont…

A. The state land department shall administer all laws relating to lands owned by, belonging to and under the control of this state. B. The department shall have charge and control of all lands owned by this state, and timber, stone, gravel and other products of such lands, excep…

The state land department shall have a seal, and it shall be affixed with the signature of the state land commissioner to all instruments of conveyance, leases, certificates and other official acts. The signature of the commissioner and seal of the department upon the original or…

A. The state land department may accept conveyances to the state of real property or any interest therein whether by gift, in trust, or otherwise, and containing terms, conditions or requirements deemed proper by the department. B. Conveyances may be accepted for the purposes, am…

A. The state land department, with the approval of the governor, may make contracts for and on behalf of the state with the United States or an irrigation district organized and existing under the laws of the state, which is served wholly or partially by a federal reclamation pro…

A. There shall be a federal reclamation trust fund of which the state treasurer shall be custodian. Payments made by the state land department for the assessments or charges authorized to be paid by the department under section 37-105, and payments received by him as reimbursemen…

A. The state land department, with the approval of the governor, may make contracts for and on behalf of the state with the United States or a multi-county water conservation district, organized under title 48, chapter 22, or both, for the purchase and delivery of water from the …

A. The commissioner shall prescribe by rule application, permit, transaction, appraisal, service, filing and document fees for transactions related to the selling, leasing, annexation, conveyance, exchange, right-of-way and use of state lands or products of state lands managed by…

A. In addition to other remedies available by law, a person that files an action in a court of record in this state to enjoin a natural resources project and that does not prevail may be assessed court costs and damages as determined by the court incurred by the natural resources…

At the commissioner's sole discretion, the commissioner may accept fees imposed pursuant to section 37-107 by alternative payment methods, including credit and charge cards, pursuant to section 35-142, subsection J, debit cards and electronic funds transfers or other alternative …

A. The due diligence fund is established. The commissioner may use monies in the fund to pay the department's costs of evaluating and processing applications and otherwise preparing lands for sales, leases, rights-of-way or other use permits. B. The fund consists of legislative a…

A. There shall be a state land commissioner who shall be the executive officer of the state land department. B. The commissioner shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. C. The commissioner shall receive compen…

A. The commissioner shall: 1. Exercise and perform all powers and duties vested in or imposed on the department and prescribe such rules as are necessary to discharge those duties. 2. Exercise the powers of surveyor-general except for the powers of the surveyor-general exercised …

A. The proceeds of any security imposed by the commissioner as a condition of sale pursuant to section 37-132, subsection A, paragraph 5 and the proceeds of a bond, collateral or security received pursuant to section 37-132, subsection B, paragraph 3 or section 37-335.06, subsect…

A. Decisions rendered by the commissioner pursuant to the powers and duties conferred upon him by law, whether relating to the administration of state lands or other departments or agencies of state under his jurisdiction, shall be in writing and filed of record in his office. B.…

A. The commissioner shall: 1. Examine the public lands within the state for the purpose of assisting the selection board in selecting the lands granted to the state in quantity, or as indemnity, by the enabling act. 2. Prepare all lists, forms and papers required in the selection…

A. There is established a selection board composed of the governor, the state treasurer exercising those powers of the surveyor-general with respect to the selection of lands as provided in this section and the attorney general. B. The selection board shall do all things necessar…

A. Lands granted to the state shall be selected and filed upon by the selection board as expeditiously as the best interest of the state warrants. All lands selected and all lands specifically by description granted to the state shall be designated on the books, maps and plats of…

For the purpose of having public lands of the United States surveyed to satisfy any public land grants made to the state in the manner prescribed by the act of Congress approved August 18, 1894, and as that act was made applicable to this state by the enabling act, the governor m…

A. In addition to other fees required by this title, and instead of the department performing advance due diligence pursuant to section 37-110, subsection A, the commissioner may require or allow an applicant to advance or incur the costs of the department's evaluating and proces…

A. The state land commissioner may conduct investigations and experiments on the lands of the state to: 1. Determine which are suitable for agricultural purposes, or which may be suitable therefor by the development of water and otherwise. 2. Determine which are useful for grazin…

A. The commissioner shall promptly classify all lands selected as provided in article 1 of this chapter. B. In classifying state lands, the commissioner shall maintain in the offices of the department plats, maps or books containing the description of lands and disclosing: 1. Lan…

A. There is established a board of appeals consisting of five members appointed by the governor pursuant to section 38-211. No more than three members shall be appointed from the same political party. Members shall be appointed as follows: 1. One member from each of three distric…

A. Before approving a participation contract, the board of appeals shall review the report submitted by the commissioner pursuant to section 37-239. A majority vote of a quorum of the board is required for the adoption of the report. Upon the adoption of the report the proposed p…

A. An appeal from a final decision of the state land commissioner relating to classification or appraisal of lands or improvements may be taken to the board of appeals by any person adversely affected by the decision. Appeals shall be taken by giving notice in writing to the comm…

A. Notwithstanding any other law, school districts may enter into leases of state land for more than ten years if the land is to be used for public education purposes. These leases shall be granted according to the constitution of this state and department rules. School districts…

A. All state lands, except as otherwise provided for in this title, including all improvements made or placed on or connected with state lands, shall be subject to appraisal and sale as provided in this title. B. Any person over eighteen years of age is entitled to purchase any o…

A. A person desiring to purchase state lands, or the lessee of any leased school or university land entitled to reimbursement for improvements thereon, may make a verified written application to the state land department to purchase the land. B. In all cases, the application shal…

A. On receiving an application, or on the commissioner's initiative, the state land department, under the rules of the department, may cause state lands to be sold if the sale of them is not prohibited by law. B. Land containing timber of a value which in the opinion of the commi…

The state land department may sell agricultural land without application. Sales of agricultural land with or without application shall not exceed two hundred thousand acres in any one year. No more than three hundred twenty acres of a section shall be sold in any one year.

A. If any one lessee holds more than one hundred sixty acres of state lands susceptible of irrigation, or when the state land department determines that it is desirable that the land held under one lease be subdivided and sold in separate tracts, there shall be a separate apprais…

A. On completion of the appraisal, if the department determines that the interests of this state will not be prejudiced by sale of the land, or when application for purchase was made by the lessee of agricultural land entitled to compensation for improvements on the land appraise…

The department may offer for sale at a single auction trust land that has been classified as suitable for conservation purposes pursuant to article 4.2 of this chapter and land to be used for other purposes.

Notice of sales of state lands shall be by advertisement, stating the time, place and terms of the sale and a full description of the land. The notice shall be published once each week for not less than ten successive weeks in a newspaper of general circulation published regularl…

A. A representative of the state land department shall attend at the time and place fixed for the sale and proceed by first announcing information relevant to the sale sufficient, in the representative's judgment, to begin the bidding process, then calling for bids and selling th…

A. The commissioner may enter into participation contracts and may charge a fee to an applicant to retain one or more consultants to assist in negotiating or preparing a participation contract. If the applicant is not the successful bidder, the commissioner shall refund the fee. …

A. No person may purchase more than six hundred forty acres of grazing land, or more than one hundred sixty acres of agricultural land. B. No sales, leases or subleases of state lands shall be made to corporations or associations not qualified to transact business in the state.

A. The terms of sale of state land are as follows: 1. At least ten percent, but not more than twenty-five percent, of the appraised value, as stated in the auction notice, which shall be applied to the principal and associated rights-of-way, together with the required fees prescr…

If the owner of improvements upon leased school or university lands sold as provided by this article is the purchaser of the lands and is in arrears for rent due under a permit or lease, or if he has failed to take out a permit or to pay rent, then before a certificate of purchas…

A. Upon compliance by a purchaser of state lands with the requirements of this article, the department shall make and deliver to the purchaser a certificate of purchase, which shall set forth: 1. The name of the purchaser. 2. A description of the entire tract of land purchased. 3…

A. The certificate of purchase shall entitle the purchaser and his heirs, or in case of an assignment filed with and approved by the department, the assigns of the purchaser, to possession of the lands therein described, to maintain actions for injuries thereto or to recover poss…

A. If a purchaser of state land under a certificate of purchase sells or contracts to sell directly or indirectly any sand, gravel, stone or other natural product from the land described in the certificate, he shall file with the department within ten days after the sale or makin…

A. When a purchaser defaults in a payment of principal or interest, as provided in the certificate of purchase, or fails to comply with a condition, covenant or requirement thereof, the certificate shall be declared subject to forfeiture. Within sixty days after default or failur…

A. The commissioner or any other person may rescind a sale based on fraud only by filing an action in the superior court. An action based on fraud shall be filed within three years after the date of the auction of that property. If the court voids the sale pursuant to this subsec…

When a certificate of purchase is lost, destroyed or wrongfully withheld by any person from the owner thereof, the state land department may receive evidence of the loss, destruction or wrongful withholding, and issue a new certificate of purchase, or patent, to the person entitl…

A. On filing the certificate of purchase, together with evidence of full payment of principal and interest, for the entire tract of land sold, and evidence that all terms and conditions of the certificate of purchase have been satisfied, the department shall issue to the purchase…

A. All lands sold under the provisions of this article shall not be subject to taxation until the department issues a patent for such lands pursuant to section 37-251 or until seven years after the date of auction, whichever occurs first. B. If a patent for such lands pursuant to…

As soon as possible after a sale of state land and when a patent is issued, the state land department shall transmit to the assessor of the county in which the land is located a report of the sale and patent setting forth separately a description thereof, the name of the purchase…

If any lands sold revert to the state for any cause, the state land department shall at once notify the assessor and tax collector of the county in which the land is located, and upon receipt of the notice, the assessor shall cancel any assessment of the land, and the tax collect…

A. The interest of the holder of any certificate of purchase of state land, or any lease or permit on state land, shall be subject to sale, mortgage or other lien to the same extent as patented land, without prejudice to the state. A contract of sale, mortgage or other lien affec…