72-240.07. School lands; leases; permitted improvements; approval; exception; nonpermitted improvements; removal; requirements.
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 livestock, and such improvements where approval is secured shall be called permitted improvements and belong to the lessee and the lessee has the right to be paid a sum of money equal to the value which the improvements add to the value of the land by the buyer of the land or the new lessee in accordance with procedures as given in sections 72-240.10 to 72-240.23 and 72-258. The value to the land of each permitted improvement shall not exceed its replacement cost less depreciation. Any such improvements placed upon school lands before September 14, 1953, and any improvements which were bought by new lessees during an involvement by the state in the transferring of leases after September 14, 1953, shall be considered as authorized or permitted improvements whether or not approval has been secured from the board and shall belong to the lessee unless there has been a provision in the lease to the contrary or unless there has been some written agreement between the lessee and the board to the contrary. Any improvements placed upon school lands after September 14, 1953, where written approval for such improvements was not obtained from the board and where there was no involvement by the state in the transferring of leases or other written agreement with such lessees to the contrary, shall be called nonpermitted improvements and considered as owned by the lessee, whether or not the nonpermitted improvements are attached to the land, unless there has been a provision in the lease to the contrary, and, the lessee shall have the right either (1) to remove such improvements from the land any time during the term of the lease or within six months after the land is sold or leased to a new lessee, and when the nonpermitted improvements are removed the old lessee shall clean up the debris caused thereby or bury it at least three feet below the surface of the land and any basements or holes caused by the nonpermitted improvements shall be filled such that cultivated crops can be grown on the land or (2) to sell the nonpermitted improvements to the buyer of the land or the new lessee at prices agreed upon by the old lessee and the buyer or new lessee. If the parties cannot agree upon the prices of the nonpermitted improvements, or if the improvements are not removed from the land within six months after the land is sold or leased to a new lessee other than the old lessee, the improvements shall become the property of the state. The board shall notify the old lessee by certified letter of the name and address of the purchaser of the land or the new lessee within ten days after the land has been sold or leased to a party other than the old lessee. The board shall, at the same time, notify the old lessee how much money the old lessee shall have to place in escrow with the county treasurer of the county in which the land is located for each nonpermitted improvement if the old lessee takes the option to remove any or all nonpermitted improvements to guarantee removal of debris and to do other things required by the board so as not to damage the land. The old lessee shall within thirty days after receipt of such certified letter notify the board which improvements he or she intends to remove from the land and which shall be left on the land and show proof of deposit of escrow money. If the debris is not removed and if other things required by the board are not done within the six-month period after the land is sold or leased, the old lessee shall forfeit the money placed in escrow to the state, and the board shall hire a contractor to do the things required of the old lessee in order that there not be damage to the land. Any money left in the escrow fund after being depleted by making payment to the contractor for the work done shall be remitted to the old lessee. The board shall have authority to sell any improvement left on the land.
Source
Annotations
Where no permission by Board of Educational Lands and Funds was required before improvements were placed on lands by laws in effect at time lease was executed, tenant had compensable interest in grain bin erected on a permanent-type concrete foundation. State v. Haberman, 191 Neb. 127, 214 N.W.2d 266 (1974).
Lessee gains no interest in improvement constructed in 1954 for failure to comply with conditions precedent of this section. State v. Bardsley, 185 Neb. 629, 177 N.W.2d 599 (1970).
After 1953, tenant was required to obtain permission for placing of specified improvements on school land. Banks v. State, 181 Neb. 106, 147 N.W.2d 132 (1966).
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.