Chapter 72, PUBLIC LANDS, BUILDINGS, AND FUNDS
330 sections in this chapter.
Neb. Rev. Stat. § 72-228 State-owned land occupied by school, church, or cemetery; sale; terms.
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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.
Neb. Rev. Stat. § 72-229 School lands; sale; county clerk; entry upon tax list.
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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 coun…
Neb. Rev. Stat. § 72-230 School and saline lands; sale; when subject to taxation.
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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 determin…
Neb. Rev. Stat. § 72-2301 Act, how cited.
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Sections 72-2301 to 72-2310 shall be known and may be cited as the Public Facilities Construction and Finance Act.
Neb. Rev. Stat. § 72-2302 Purpose of act.
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It is the purpose of the Public Facilities Construction and Finance Act to allow local governmental units which cooperate with other governmental units to issue bonds to finance joint projects which may be serviced by property taxes, regardless of the restrictions on the issuance…
Neb. Rev. Stat. § 72-2303 Terms, defined.
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For purposes of the Public Facilities Construction and Finance Act: (1) Bond measure means a resolution or ordinance which authorizes bonds to be issued and sold in accordance with the act and which sets the terms of such bonds; (2) Joint project means a project financed and oper…
Neb. Rev. Stat. § 72-2304 Bonds authorized; public hearing; notice; election, when required; remonstrance petition.
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(1)(a) This section applies to bonds issued prior to April 18, 2018. (b) In addition to any other borrowing powers provided for by law, a qualified public agency shall have the power to issue its negotiable bonds to any joint entity as defined in section 13-803 or to any joint pu…
Neb. Rev. Stat. § 72-2305 Public buildings, recreational facilities, drainage, streets, and roads; bonds; amount authorized.
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For joint projects described in subdivision (2)(a) of section 72-2303, the principal amount of bonds which may be issued by a qualified public agency under the Public Facilities Construction and Finance Act shall not exceed five million dollars as to the total principal amount of…
Neb. Rev. Stat. § 72-2306 Information technology for libraries; bonds; amount authorized.
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For joint projects described in subdivision (2)(b) of section 72-2303, the principal amount of bonds which may be issued by a qualified public agency under the Public Facilities Construction and Finance Act shall not exceed two hundred fifty thousand dollars for cities of the met…
Neb. Rev. Stat. § 72-2307 Taxes authorized.
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Any qualified public agency which has issued bonds in accordance with the Public Facilities Construction and Finance Act shall levy and collect taxes on all the taxable property within the territory of the qualified public agency, in addition to all other taxes, for the purpose o…
Neb. Rev. Stat. § 72-2308 Act; how construed; bonds; applicability of other provisions.
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The Public Facilities Construction and Finance Act shall be independent of and in addition to any other provisions of the laws of the State of Nebraska or provisions of home rule charters, and bonds may be issued under the act for any purpose authorized in the act even though oth…
Neb. Rev. Stat. § 72-2309 Bonds; election; notice.
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(1) In addition to any other borrowing powers provided for by law, a qualified public agency may issue its negotiable bonds subject to the terms and conditions set forth in the Public Facilities Construction and Finance Act to any joint entity as defined in section 13-803 or to a…
Neb. Rev. Stat. § 72-231 School lands; illegal tax; refund.
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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 sam…
Neb. Rev. Stat. § 72-2310 Qualified public agencies; statement; contents; certified under oath.
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Before the issuance of bonds pursuant to the Public Facilities Construction and Finance Act, the qualified public agencies participating in the bond measure shall make a written statement of all proceedings relative to the vote upon the issuance of such bonds and the notice of th…
Neb. Rev. Stat. § 72-232 School lands; rules and regulations; soil conservation program.
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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 …
Neb. Rev. Stat. § 72-232.02 School lands; administration costs; payment; cash fund.
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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 tha…
Neb. Rev. Stat. § 72-232.03 School lands; irrigable; administration costs.
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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 scho…
Neb. Rev. Stat. § 72-232.04 School lands; irrigable; development.
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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 …
Neb. Rev. Stat. § 72-232.06 School lands; irrigable; lease; cost of tolls and assessments; collection.
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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 s…
Neb. Rev. Stat. § 72-232.07 School lands; administration costs; expenditures; Land Improvement Fund; created; purpose; investment.
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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…
Neb. Rev. Stat. § 72-233 School lands; application for lease; manner of leasing; bidding; conditions of lease.
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Applications to lease any school lands shall be made to the Board of Educational Lands and Funds. Each such application shall contain an affidavit that the applicant desires to lease and operate such land for the applicant's own use and benefit and that the applicant will not sub…
Neb. Rev. Stat. § 72-233.01 School lands; lease; bidder; deposit before sale; return of deposit, when; forfeiture, when.
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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, equ…
Neb. Rev. Stat. § 72-234 School lands; lease; terms; period of lease.
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The board shall, if the foregoing proceedings appear to be regular, issue to the applicant a lease on the land. Each lease shall contain a covenant or provision (1) that the Board of Educational Lands and Funds may, whenever such board deems it to be for the best interest of the …
Neb. Rev. Stat. § 72-234.02 School lands; lease; assignments; requirements.
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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…
Neb. Rev. Stat. § 72-235 School lands; lease; default; notice; forfeiture.
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If any lessee of educational lands fails to perform any of the covenants of the lease or is in default of semiannual rental due the state for a period of sixty days, the Board of Educational Lands and Funds may forfeit the lease of such person. If the lessee is in default in the …
Neb. Rev. Stat. § 72-235.01 School lands; forfeited leases; improvements, how treated.
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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 o…
Neb. Rev. Stat. § 72-236 School lands; lease; notice of delinquency; how given.
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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 Educationa…
Neb. Rev. Stat. § 72-237 School lands; lease; forfeiture; redemption; when allowed.
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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.
Neb. Rev. Stat. § 72-238 School lands; lease; forfeiture; movable improvements; sale; proceeds; disposition.
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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 ma…
Neb. Rev. Stat. § 72-239 School lands; lease; default; extensions; when granted; conditions; lien.
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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, upo…
Neb. Rev. Stat. § 72-240.02 School lands; new leases; board; powers.
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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 deem…
Neb. Rev. Stat. § 72-240.03 School lands; leases; reclassification when; rental.
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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 o…
Neb. Rev. Stat. § 72-240.04 School lands; leases; expiration.
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All leases hereafter entered into by the board shall be made by the board to expire on December 31 of a given year.
Neb. Rev. Stat. § 72-240.05 School lands; leases; rental; complaints.
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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.
Neb. Rev. Stat. § 72-240.07 School lands; leases; permitted improvements; approval; exception; nonpermitted improvements; removal; requirements.
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Before any buildings, wells, irrigation improvements, dams, or drainage ditches are placed upon school lands by a lessee, written approval must be obtained from the Board of Educational Lands and Funds, except necessary improvements for the temporary handling and sheltering of li…
Neb. Rev. Stat. § 72-240.08 School lands; control of noxious weeds; cost.
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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 …
Neb. Rev. Stat. § 72-240.09 School lands; control of noxious weeds; contract authorized.
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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.
Neb. Rev. Stat. § 72-240.10 School lands; leases; permitted improvements and growing crops of lessee; determine value; inspection; notice.
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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…
Neb. Rev. Stat. § 72-240.11 Improvements and growing crops of lessee; list; acknowledgment in writing; dispute; proceedings.
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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…
Neb. Rev. Stat. § 72-240.12 Permitted improvements and growing crops of lessee; appraisal; agreement as to value.
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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.
Neb. Rev. Stat. § 72-240.13 Permitted improvements and growing crops of lessee; value; failure to agree; petition; elect to remove and harvest; notice.
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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…
Neb. Rev. Stat. § 72-240.14 Permitted improvements and growing crops of lessee; petition; appraisers; appointment by court; meeting; notices.
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(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 ju…
Neb. Rev. Stat. § 72-240.15 Permitted improvements and growing crops of lessee; appraisers; qualified; oath.
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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.
Neb. Rev. Stat. § 72-240.16 Permitted improvements and growing crops of lessee; appraisers; inspection; hear interested parties.
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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.
Neb. Rev. Stat. § 72-240.17 Permitted improvements and growing crops of lessee; appraisers; assess value; report; file with county judge.
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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 writi…
Neb. Rev. Stat. § 72-240.18 Permitted improvements and growing crops of lessee; appraisers; determination of value; factors.
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(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 cr…
Neb. Rev. Stat. § 72-240.19 Permitted improvements and growing crops of lessee; appraisers; valuation; appeal.
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(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 th…
Neb. Rev. Stat. § 72-240.20 Permitted improvements and growing crops of lessee; appraisers; fee.
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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.
Neb. Rev. Stat. § 72-240.21 Permitted improvements and growing crops of lessee; value; announcement; sale price in addition; deposit; lien.
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(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 im…
Neb. Rev. Stat. § 72-240.22 Permitted improvements and growing crops of lessee; separate improvements; disagreement on value; appraisal.
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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, on…