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Code · Nebraska · Chapter 72 — Public Lands, Buildings, and Funds

72-222.02. School lands; easement; acquisition by public districts; procedure.

270 words·~1 min read·/ne/chapter-72/72-222-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any public body enumerated in section 72-222 may acquire an easement from the state on any educational land when such easement is for the purpose for which such public body is authorized by law to condemn private lands in this state. It shall not be necessary for the acquiring public body to follow the procedure established in section 72-224.03 to obtain such easement. The public body may obtain such easement by the filing of an application with the Board of Educational Lands and Funds.
Such application shall describe the nature and purpose of the easement, shall contain a legal description of the easement, and shall name the public body seeking the easement. Upon receiving the application for easement the Board of Educational Lands and Funds shall either
(1)deny the application or
(2)grant the easement and place a value on the easement to be paid by the applicant. When placing a value on the easement the Board of Educational Lands and Funds shall take into consideration the board's responsibility to manage the educational lands in a manner consistent with that of a trustee acting in a fiduciary capacity. The public body applying for the easement shall then either
(a)accept the Board of Educational Lands and Funds' value or
(b)proceed according to section 72-224.03 . Upon the granting of such easement, it shall be the duty of the secretary of the Board of Educational Lands and Funds to transmit a certified copy of the easement to the grantee for filing in the office of the register of deeds in the county or counties where the easement is located.
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