72-235. School lands; lease; default; notice; forfeiture.
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 payment of rental, the board may cause notice to be given such delinquent lessee in accordance with section 72-236 that, if such delinquency is not paid within thirty days from the date of service of such notice by either registered or certified mail or the date of the first publication of such notice, his or her lease will be declared forfeited. If the amounts due are not paid within such time, the board may declare the lease forfeited and the land described therein shall revert to the state. Before a forfeiture of a lease shall be declared for a failure to perform the covenants of the lease other than the payment of rentals, the board shall give notice of such proposed forfeiture to such lessee, or to his or her personal representative or next of kin if he or she is dead, by either registered or certified mail, setting forth a time such a lessee, or his or her personal representative or next of kin, may show cause and have a hearing as to whether or not such lease shall be forfeited. The order of forfeiture shall be entered upon the records of the board. The board is required to serve such notice of delinquency and proceed with the forfeiture, as stated in such notice, at least once in each year. The provisions of this section and sections 72-236 to 72-239 shall apply to all lands heretofore or hereinafter leased as educational lands of this state.
Source
Annotations
Right of redemption from forfeiture of contract of sale was governed by law in effect at time of sale. Stoller v. State, 171 Neb. 93, 105 N.W.2d 852 (1960).
Where bank was assigned lease as security and did not have actual possession of lands, it was not liable to state for delinquent rentals. State ex rel. Johnson v. Commercial State Bank, 142 Neb. 752, 7 N.W.2d 654 (1943).
To declare a forfeiture for failure to pay interest on a contract for the sale of school land is mandatory, and, when no such forfeiture is declared, the contract remains in full force and effect. Mulhall v. State, 140 Neb. 341, 299 N.W. 481 (1941).
The present provision of this section for service of notice of cancellation of a contract of sale of state school lands because of delinquency of interest payments may be made applicable to contracts issued prior to enactment of the amendment; and, if after notice is given and forfeiture is declared, the purchaser fails to redeem, all rights in such contract shall be lost. Spahr v. Godfrey, 130 Neb. 539, 264 N.W. 560 (1936).
Under former law, the requirement of this section that notice of default be served upon the lessee before a forfeiture can be declared is not met by mailing such notice in a registered letter to a deceased lessee, and until sufficient notice is given, a valid lease to another cannot be made. State ex rel. Green v. Cowles, 90 Neb. 839, 134 N.W. 959 (1912).
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.