72-201. Board of Educational Lands and Funds; members; appointment; terms; compensation; expenses; duties; qualifications; organization; chairperson; meetings; secretary.
(1) The Board of Educational Lands and Funds shall consist of five members to be appointed by the Governor with the consent of a majority of the members elected to the Legislature. One member shall be appointed from each of the congressional districts as the districts were constituted on January 1, 1961, and a fifth member shall be appointed from the state at large. One member of the board shall be competent in the field of investments. The initial members shall be appointed to take office on October 1, 1955, and shall hold office for the following periods of time: The member from the first congressional district for one year; the member from the second congressional district for two years; the member from the third congressional district for three years; the member from the fourth congressional district for four years; and the member from the state at large for five years. As the terms of the members expire, the Governor shall appoint or reappoint a member of the board for a term of five years, except members appointed to fill vacancies whose tenures shall be the unexpired terms for which they are appointed. If the Legislature is not in session when such members, or some of them, are appointed by the Governor, such members shall take office and act as recess appointees until the Legislature next thereafter convenes. The compensation of the members shall be fifty dollars per day for each day's time actually engaged in the performance of the duties of their office. Each member shall be reimbursed for expenses incurred while upon business of the board as provided in sections 81-1174 to 81-1177. The board shall cause all school, university, agricultural college, and state college lands, owned by or the title to which may hereafter vest in the state, to be registered, leased, and sold as provided in sections 72-201 to 72-251 and shall have the general management and control of such lands and make necessary rules not provided by law. The funds arising from these lands shall be disposed of in the manner provided by the Constitution of Nebraska, sections 72-201 to 72-251, and other laws of Nebraska not inconsistent herewith.
(2) No person shall be eligible to membership on the board who is actively engaged in the teaching profession, who holds or has any financial interest in a school land lease, who is a holder of or a candidate for any state office or a member of any state board or commission, or who has not resided in this state for at least three years.
(3) The board shall elect one of its members as chairperson of the Board of Educational Lands and Funds. In the absence of the chairperson, any member of the board may, upon motion duly carried, act in his or her behalf as such chairperson. It shall keep a record of all proceedings and orders made by it. No order shall be made except upon the concurrence of at least three members of the board. It shall make all orders pertaining to the handling of all lands and funds set apart for educational purposes.
(4) The board shall maintain an office in Lincoln and shall meet in its office not less than once each month.
(5) The board may appoint a secretary for the board. The compensation of the secretary shall be payable monthly, as fixed by the board.
Source
Cross References
Annotations
Amendments of section 1, Article IV of the Constitution did not expressly or by implication repeal existing statutes imposing duties and obligations on the Commissioner of Public Lands and Buildings. Swanson v. State, 132 Neb. 82, 271 N.W. 264 (1937).
Statute fixes the times at which board should meet and transact their business. State v. Bass, 131 Neb. 592, 269 N.W. 68 (1936).
The provision of this section as to rule making refers only to regulation of the management and control of school lands, and does not confer power upon the Board of Commissioners to convey such lands or any rights therein in excess of that provided by statute. Fawn Lake Ranch Co. v. Cumbow, 102 Neb. 288, 167 N.W. 75 (1918).
The Board of Educational Lands and Funds acts by a majority of its members who have equal authority, and, hence, employment of an attorney to represent the board must be by the board itself and not by one of its members. Follmer v. State, 94 Neb. 217, 142 N.W. 908 (1913), Am. Ann. Cas. 1914D 151 (1913).
Structure Nebraska Revised Statutes
Chapter 72 - Public Lands, Buildings, and Funds
72-101 - Sale or lease; how validated.
72-102 - Public land; confirmed to the state; where recorded.
72-103 - Public land; confirmation; record; fee.
72-104 - Public land; record of confirmation; receipt as evidence.
72-105 - Shelterbelts; cooperation with federal government.
72-106 - Shelterbelts; agreements; contents; recording.
72-107 - Shelterbelts; no expenditures authorized.
72-108 - Conveyances of real estate; custody after recording; exception.
72-201.03 - Board of Educational Lands and Funds; branch office; establish.
72-202 - School funds; investments.
72-203 - School lands; abstracts and records; where kept.
72-204 - School lands; classification required; report.
72-205 - School lands; changes in valuation; rental schedule; factors.
72-205.01 - Rental schedules; semiannual rental; file in office of county treasurer; notice.
72-205.02 - Rental schedules; when effective; petition; hearing.
72-205.03 - Rental schedule; objections; petition; hearing; notice; examiner; evidence.
72-205.04 - Rental schedule; hearing; examiner; record; board; powers.
72-208 - School lands; sale; deed; recording; received in evidence.
72-212 - School lands; sale; public auction required.
72-213 - School lands; eminent domain proceedings.
72-214 - School lands; acquisition by school district.
72-215 - School lands; acquisition by city or village; when authorized; limitations.
72-216 - School lands; acquisition for airfields and monitor stations.
72-217 - School land within defense project; purchase by United States.
72-218 - School lands; acquisition by United States for water conservation.
72-219 - School lands; acquisition by county for public purposes.
72-220 - School lands; acquisition for cemetery purposes.
72-221 - School lands; acquisition for public highway.
72-222 - School lands; acquisition by public districts; purposes.
72-222.01 - School lands; acquisition by certain companies; purposes.
72-222.02 - School lands; easement; acquisition by public districts; procedure.
72-224 - Condemnation proceedings; procedure.
72-224.02 - Condemnation proceedings; lease; valuation; adjustment; payment.
72-224.03 - Condemnation proceedings; procedure; board; membership; appeal; award; filing; effect.
72-225 - Condemnation proceedings; land under lease contract; interest of owner; value assessed.
72-226 - Condemnation proceedings; damage to state-owned land; assessment.
72-227 - State-owned land occupied by school, church, or cemetery; sale; procedure.
72-228 - State-owned land occupied by school, church, or cemetery; sale; terms.
72-229 - School lands; sale; county clerk; entry upon tax list.
72-230 - School and saline lands; sale; when subject to taxation.
72-231 - School lands; illegal tax; refund.
72-232 - School lands; rules and regulations; soil conservation program.
72-232.02 - School lands; administration costs; payment; cash fund.
72-232.03 - School lands; irrigable; administration costs.
72-232.04 - School lands; irrigable; development.
72-232.06 - School lands; irrigable; lease; cost of tolls and assessments; collection.
72-233 - School lands; application for lease; manner of leasing; bidding; conditions of lease.
72-234 - School lands; lease; terms; period of lease.
72-234.02 - School lands; lease; assignments; requirements.
72-235 - School lands; lease; default; notice; forfeiture.
72-235.01 - School lands; forfeited leases; improvements, how treated.
72-236 - School lands; lease; notice of delinquency; how given.
72-237 - School lands; lease; forfeiture; redemption; when allowed.
72-238 - School lands; lease; forfeiture; movable improvements; sale; proceeds; disposition.
72-239 - School lands; lease; default; extensions; when granted; conditions; lien.
72-240.02 - School lands; new leases; board; powers.
72-240.03 - School lands; leases; reclassification when; rental.
72-240.04 - School lands; leases; expiration.
72-240.05 - School lands; leases; rental; complaints.
72-240.08 - School lands; control of noxious weeds; cost.
72-240.09 - School lands; control of noxious weeds; contract authorized.
72-240.12 - Permitted improvements and growing crops of lessee; appraisal; agreement as to value.
72-240.15 - Permitted improvements and growing crops of lessee; appraisers; qualified; oath.
72-240.19 - Permitted improvements and growing crops of lessee; appraisers; valuation; appeal.
72-240.20 - Permitted improvements and growing crops of lessee; appraisers; fee.
72-240.25 - School lands; lessee; relinquish interest; notice.
72-241 - School lands; leases; assignments; validity; recording.
72-242 - School lands; publication of notice; fees.
72-244 - School lands; adjoining cities or villages; subdivisions; leasing; amount; procedure.
72-245 - School lands; waste or trespass; penalty.
72-246 - School lands; leases; covenant required.
72-247 - School lands; waste or trespass; violations; submission to grand jury.
72-248 - School lands; timber; sale; public auction.
72-249 - Federal funds; receipt; deposit; how allocated.
72-250 - Permanent school fund; sale of public lands; credit to state.
72-251 - Permanent school fund; collections on judgments; payable to fund.
72-253 - School lands; exchange for federal or other lands; board; powers and duties.
72-254 - School and federal lands; exchange; lease; renewal; removal of improvements.
72-255 - School and federal lands; exchange; lessee's interest; release; condemnation; procedure.
72-256 - School and federal lands; exchange; minimum appraised value.
72-257.01 - School lands; priorities for sale; request to sell.
72-258 - School lands; sale; notice; terms; partition; settlement; forfeiture of deposit; when.
72-258.01 - School lands; unsold; lease; duration.
72-258.03 - School lands; sale; appraised value.
72-259 - School lands; sale; proceeds; disposition.
72-259.03 - School lands; adjacent to city of the first or second class; annexation; vote.
72-259.07 - School lands; adjacent to city of the first or second class; sale; taxes; when.
72-259.08 - School lands; subdivide; plat; filing; dedication of streets and alleys.
72-261 - School lands; acquisition by Game and Parks Commission; procedure; approval by Governor.
72-262 - Resurvey of school lands; Grant and Hooker Counties; acceptance.
72-263 - Resurvey of school lands; Morrill County; acceptance.
72-266 - Board of Educational Lands and Funds; authority to sell personal property.
72-267 - School lands; Cherry County; designation; subdivision; improvements; sale.
72-268 - School lands; Cherry County; funds; deposit; transfer.
72-269 - School lands; Dawes County; transfer to Game and Parks Commission.
72-270 - Production of wind or solar energy; agreements; sections applicable.
72-271 - Production of wind or solar energy; agreements; terms, defined.
72-272 - Production of wind energy or solar energy; agreements; board; powers.
72-274 - Wind energy or solar energy agreement; rules and regulations.
72-301 - State lands, lakes, and rivers; mineral rights; reserved to state; exception.
72-302 - Mineral rights; who may acquire.
72-303 - Mineral rights; lease; limitations; term.
72-304 - Mineral rights; development operations; reports; when.
72-305 - Mineral rights; lease; forfeiture; grounds.
72-306 - Minerals; discovery; report required; delay in development; powers of board.
72-307 - Mineral rights; lease; renewal; when authorized; terms.
72-308 - Mineral rights; lease; terms; rights and duties of lessee.
72-309 - Mineral rights; lease; bids; award; how made.
72-310 - Mineral rights; lease; entry by state; when authorized.
72-311 - Mineral rights; lease; assignment; unauthorized transfers.
72-314 - Rules; power of Board of Educational Lands and Funds.
72-407 - Federal forts; preservation, restoration and development board; membership.
72-408 - Preservation, restoration and development board; trustees; term; qualifications.
72-409 - Board; minute book; vacancies; how filled.
72-410 - Board; office; records; organization; officers; meetings.
72-411 - Board; trustees; oath.
72-412 - Boards; powers and duties.
72-413 - Forts; federal aid; acceptance.
72-414 - Board; employees; compensation.
72-415 - Board; secretary; duties.
72-416 - Board; treasurer; bond.
72-417 - Board; records; audits.
72-418 - Board; legal counsel.
72-419 - Board; expenses; payment.
72-420 - Board; bond; fund; created; disbursements; how made.
72-502 - Rental; accrues to temporary school fund.
72-502.01 - Rentals; previous use validated.
72-503 - Lease; default; forfeiture; effect.
72-504 - Lease; terms; appraisal; when.
72-607 - National monuments; concurrent jurisdiction with United States; when effective.
72-701 - State capital; location.
72-701.01 - Nebraska Emergency Seat of State Government Act; act, how cited.
72-701.03 - Emergency seat of state government; temporary location; designation.
72-701.04 - Emergency seat of government; temporary location; validity of official acts.
72-701.06 - Sections, how construed; precedence over other laws.
72-701.08 - Transferred to section 81-1108.22.
72-703 - Department of Correctional Services adult correctional facility; location.
72-706 - Transferred to section 81-1108.17.
72-706.01 - Transferred to section 81-1108.18.
72-707 - Transferred to section 81-1118.02.
72-708 - Transferred to section 81-1108.19.
72-709 - Transferred to section 81-1108.20.
72-709.02 - Transferred to section 81-1108.23.
72-710 - Transferred to section 81-1108.26.
72-710.01 - Transferred to section 81-1108.27.
72-710.02 - Transferred to section 81-1108.28.
72-710.03 - Transferred to section 81-1108.29.
72-711 - Transferred to section 81-1108.30.
72-712 - Transferred to section 81-1108.31.
72-716 - Transferred to section 81-1108.32.
72-716.01 - Transferred to section 81-1108.33.
72-716.02 - Transferred to section 81-1108.34.
72-716.03 - Transferred to section 81-1108.35.
72-716.04 - Transferred to section 81-1108.37.
72-718 - Transferred to section 81-1108.38.
72-718.07 - Transferred to section 81-1108.40.
72-724 - Nebraska Hall of Fame Commission; created; members; appointment; administration.
72-725 - Nebraska Hall of Fame; location.
72-726 - Nebraska Hall of Fame; purpose.
72-727 - Rules and regulations.
72-729 - Nebraska Hall of Fame Commission; powers.
72-729.01 - Hall of Fame Trust Fund; created; use; investment.
72-730 - State Capitol Restoration Fund; created; investment.
72-801 - Public buildings; cost; limitation; use; change prohibited.
72-804 - New state building; code requirements.
72-805 - Buildings constructed with state funds; code requirements.
72-808 - Historic structure; legislative findings.
72-809 - Historic structure; defined.
72-810 - Historic structure; alterations; requirements.
72-811 - Vacant buildings and excess land; terms, defined.
72-812 - Vacant Building and Excess Land Committee; created; members.
72-816 - Vacant Building and Excess Land Cash Fund; created; use; investment; restrictions.
72-817 - Applicability of sections.
72-901 - School lands; oil and gas leases; Board of Educational Lands and Funds; powers and duties.
72-902 - Leases; terms and conditions; bids, when taken.
72-903 - Leases; reservation of royalty to lessor; monthly accounting.
72-904 - Lessees; bond required.
72-905 - Leases; forfeiture; notice to lessee; hearing; filing of order.
72-906 - Lease; application; form; contents.
72-907 - Lease; sale; public auction required; notice; publication costs; payment.
72-908 - Exploration, development, and operation for oil and gas production; agreements authorized.
72-909 - Leases; reservation of use of lands for agricultural purposes; conditions.
72-910 - Rules and regulations; authority of board.
72-911 - Amended lease; exchange authorized; terms and conditions.
72-912 - Leases; assignment; conditions of approval.
72-1001 - Nebraska Capital Construction Fund; created; use; investment.
72-1119 - Transferred to section 81-5,148.
72-1120 - Transferred to section 81-5,149.
72-1121 - Transferred to section 81-5,150.
72-1122 - Transferred to section 81-5,147.
72-1237 - Nebraska Investment Council; created; members; appointment; term; vacancy; immunity.
72-1238 - Nebraska Investment Council; members; qualifications.
72-1239 - Nebraska Investment Council; purpose; members; meetings; compensation; expenses.
72-1239.01 - Council; duties and responsibilities.
72-1240 - State investment officer; appointment; qualifications; salary; removal.
72-1241 - State investment officer; deputy; duties; bond or insurance.
72-1246 - State investment officer; investments; duties.
72-1246.01 - Student loans; purchase.
72-1246.02 - Student loans; sale; resale; conditions.
72-1246.03 - Student loans; Nebraska State Colleges; service loans; security.
72-1246.04 - Student loans; purchasing, selling, servicing; approval.
72-1248 - Income from investments; disbursement.
72-1249 - Expenses; costs; how paid.
72-1251 - State Treasurer; interest, premium, income, and principal; collect.
72-1252 - State investment officer; earned income; notice.
72-1254 - State investment officer; operations; report; contents; public inspection.
72-1255 - Investment transactions; Auditor of Public Accounts; postaudits; report.
72-1257 - Default; proceedings.
72-1259 - State investment officer; political subdivisions; assistance; fee.
72-1261 - Declaration of intent.
72-1263 - State investment officer; time deposit open account; conditions.
72-1264 - Funds; when offered; time deposit open account; state investment officer; powers.
72-1265 - State investment officer; deposits; fix interest rate and term; legislative intent.
72-1266 - Nebraska Investment Council; adopt rules and regulations.
72-1267 - State investment officer; combine and pool investable funds; when; prorate interest.
72-1268 - Depositories; eligibility for funds; bond or bond alternatives.
72-1268.01 - Funds deposited; bond; requirements.
72-1268.03 - State investment officer; limitation on deposits.
72-1268.04 - Depository; bond alternatives; requirements.
72-1277 - Legislative findings.
72-1278 - Nebraska Investment Council; comprehensive review of council; contract.
72-1301 - Farm land, defined; nonfarm land; designation.
72-1303 - Capital improvements; prohibited; exceptions.
72-1304 - Lease; cash rent; term; rules and regulations; cancellation of lease.
72-1305 - Application for lease; affidavit; contents; deposit for rental; sealed bids; when.
72-1306 - Virgin prairie; legislative findings.
72-1307 - Virgin prairie; preservation; sale; conditions.
72-1308 - Virgin prairie; sale; when allowed.
72-1401 - Purpose of sections.
72-1402 - Municipality, defined.
72-1403 - Municipality; powers; bonds; liability; agreements; limitations; sections, how construed.
72-1404 - Municipality; state; agreement; Governor; approval.
72-1405 - Municipality; state; agreement; contents.
72-1407 - Actions by state; liability; sections, how construed.
72-1408 - Municipality; state; joint facility; agreement authorized.
72-1409 - State of Nebraska; power to lease or sublease.
72-1410 - Municipality; state; agreement; provisions.
72-1411 - Municipality; power to lease.
72-1412 - Political subdivision; power to lease; with whom; when.
72-1502 - Delinquent accounts; how collected.
72-1503 - Delinquent accounts; agency notify director; withholding of state aid payment; procedure.
72-1703 - Business incubation centers; designation.
72-1705 - Community board; duties; petition for designation of business incubation center.
72-1707 - Designation of business incubation center; duration; termination.
72-1708 - Small businesses; location within business incubation center; application.
72-1710 - Community board; report; contents.
72-1711 - Tenant of business incubation center; duties; extension; when authorized.
72-1712 - Tenant of business incubation center; benefits; services.
72-1901 - Legislative findings.
72-1902 - Nebraska Tree Recovery Program; legislative intent; administration; rules and regulations.
72-1903 - Grants; eligible applicants.
72-1904 - Grants; application; considerations.
72-2005 - Legislative findings.
72-2006 - Niobrara scenic river corridor, defined.
72-2007 - Niobrara Council; created; members; terms; meetings; expenses.
72-2008 - Niobrara Council; powers and duties; report.
72-2009 - Niobrara Council Fund; created; use; investment.
72-2010 - Niobrara Council; zoning duties.
72-2011 - Activities within corridor; limitations.
72-2012 - Niobrara Council; zoning jurisdiction.
72-2101 - Governor's Residence Advisory Commission; created; duties.
72-2102 - Governor's Residence Advisory Commission; members.
72-2103 - Commission members; expenses.
72-2104 - Commission members; terms; vacancies.
72-2105 - Commission; meetings; quorum.
72-2205 - Administrator; powers and duties.
72-2205.01 - Administrator; additional services; authorized.
72-2206 - Administrator; qualifications.
72-2207 - Administrator; bond or insurance.
72-2208 - State Building Administrator; transfer of personnel and property.
72-2209 - Administrator; personnel; materiel; duties.
72-2210 - Office; facilities planning, construction, and administration; powers and duties.
72-2211 - Capitol Restoration Cash Fund; created; use; investment.
72-2211.01 - Capitol Commission Revolving Fund; created; use; investment.
72-2212 - Motor vehicle parking; rules and regulations; enforcement.
72-2213 - Office space; determination of use; maintenance of building.
72-2214 - Administrator; policies and guidelines; required.
72-2215 - Flags of Indian tribes; display in State Capitol; powers and duties.
72-2304 - Bonds authorized; public hearing; notice; election, when required; remonstrance petition.
72-2306 - Information technology for libraries; bonds; amount authorized.
72-2308 - Act; how construed; bonds; applicability of other provisions.
72-2309 - Bonds; election; notice.
72-2310 - Qualified public agencies; statement; contents; certified under oath.