72-815. Vacant buildings and excess land; state building division; powers and duties; demolition; sale; lease; proceeds; disposition; maintenance; excess land at Hastings Regional Center; sale; distribution of proceeds.
(1) The state building division of the Department of Administrative Services shall be responsible for the sale, lease, or other disposal of a building or land, whichever action is ordered by the committee.
(2) If a building is to be demolished, section 72-810 shall not apply, but the state building division shall notify the State Historic Preservation Officer of such demolition at least thirty days prior to the beginning of the demolition or disassembly so that the officer may collect any photographic or other evidence he or she may find of historic value.
(3)(a) If a building or land is to be sold or leased, the state building division shall cause an appraisal to be made of the building or land. The sale, lease, or other disposal of the building or land shall comply with all relevant statutes pertaining to the sale or lease of surplus state property, except that if the state building division fails to receive an offer from a state agency in which the agency certifies that it (i) intends to use the building for the purposes for which it was designed, intended, or remodeled or to remodel the building for uses which will serve the agency's purposes or (ii) intends to use the land for the purposes for which it was acquired or received, the state building division shall then notify the Department of Economic Development that the building or land is available for sale or lease so that the department may refer to the state building division any potential buyers or lessees of which the department may be aware. The state building division may then sell or lease the building or land by such method as is to the best advantage of the State of Nebraska, including auction, sealed bid, or public sale and, if necessary, by private sale, but in all situations only after notice of the property sale is publicly advertised on at least two separate occasions in the newspaper with the largest circulation in the county where the surplus property is located and not less than thirty days prior to the sale of the property. The state building division may use the services of a real estate broker licensed under the Nebraska Real Estate License Act. Priority shall be given to other political subdivisions of state government, then to persons contracting with the state or political subdivisions of the state who will use the building or land for middle-income or low-income rental housing for at least fifteen years, and finally to referrals from the Department of Economic Development.
(b) When a building or land designated for sale is listed in the National Register of Historic Places, the state building division, in its discretion and based on the best interests of the state, may follow the procedure outlined in subdivision (3)(a) of this section or may sell the building or land by any method deemed in the best interests of the state to a not-for-profit community organization that intends to maintain the historic and cultural integrity of the building or land.
(c) All sales and leases shall be in the name of the State of Nebraska. The state building division may provide that a deed of sale include restrictions on the building or land to ensure that the use and appearance of the building or land remain compatible with any adjacent state-owned property.
(d) Except as otherwise provided in subsection (4) of this section, the proceeds of the sale or lease shall be remitted to the State Treasurer for credit to the Vacant Building and Excess Land Cash Fund unless the state agency formerly responsible for the building or land certifies to the state building division that the building or land was purchased in part or in total from cash, federal, or revolving funds, in which event, after the costs of selling or leasing the building or land are deducted from the proceeds of the sale or lease and such amount is credited to the fund, the remaining proceeds of the sale or lease shall be credited to the cash, federal, or revolving fund in the percentage used in originally purchasing the building or land.
(4) Any state-owned military property, including any armories considered surplus property, shall be sold by such method as is to the best advantage of the State of Nebraska, including auction, sealed bid, or public sale, and if necessary, by private sale, but in all situations only after notice of the property sale is publicly advertised on at least two separate occasions in the newspaper with the largest circulation in the county where the surplus property is located and not less than thirty days prior to the sale of the property, and pursuant to section 72-816, all proceeds from the sale of the property, less maintenance expenses pending the sale and selling expenses, but including investment income on the sale proceeds of the property, shall be promptly transferred from the Vacant Building and Excess Land Cash Fund to the General Fund by the State Building Administrator.
(5) The state building division shall be responsible for the maintenance of the building or land if maintenance is ordered by the committee and shall be responsible for maintenance of the building or land pending sale or lease of the building or land.
(6) Land at the Hastings Regional Center determined by the committee to be excess shall be sold by such method as is to the best advantage of the State of Nebraska, including auction, sealed bid, or public sale and, if necessary, by private sale. The sale of land shall only occur after notice of the sale is publicly advertised on at least two separate occasions in the newspaper with the largest circulation in the county where the land is located and not less than thirty days prior to the sale of the land. The proceeds from the sale of the land, less maintenance expenses pending the sale and selling expenses, but including investment income on the sale proceeds, shall be promptly transferred from the Vacant Building and Excess Land Cash Fund by the State Treasurer as follows:
(a) First, not exceeding five million three hundred seven thousand dollars to the General Fund; and
(b) Second, not exceeding three million dollars of available proceeds remaining to the Nebraska Capital Construction Fund.
Source
Cross References
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.