72-232 School lands; rules and regulations; limitation; soil conservation program. - Nebraska Statutes

72-232. School lands; rules and regulations; limitation; soil conservation program.The Board of Educational Lands and Funds shall have authority to adopt such rules and regulations as it shall deem necessary in the leasing of school lands and to prescribe such terms and conditions of the lease, not inconsistent with sections 72-205, 72-232 to 72-235, 72-240.02 to 72-240.05, and 72-242, as it shall deem necessary to protect the interests of the state. The board shall adopt and enforce a soil conservation program. Failure of the lessee to utilize the land for the purpose for which the land was leased or to observe and carry out soil conservation requirements as provided in the rules and regulations of the board shall be cause for cancellation of the lease. No individual, partnership, limited liability company, or corporation shall be entitled to hold under lease a total of more than six hundred forty acres of state educational lands, whether acquired by direct lease or by assignment. Such limitation shall not apply when the land to be leased is bounded entirely on one side thereof by lands owned or operated by such applicant or assignee. SourceLaws 1899, c. 69, § 15, p. 306; R.S.1913, § 5861; C.S.1922, § 5197; C.S.1929, § 72-217; Laws 1935, c. 163, § 10, p. 602; C.S.Supp.,1941, § 72-217; Laws 1943, c. 159, § 1(1), p. 570; R.S.1943, § 72-232; Laws 1947, c. 235, § 3, p. 744; Laws 1961, c. 349, § 1, p. 1108; Laws 1965, c. 438, § 1, p. 1391; Laws 1974, LB 894, § 1; Laws 1993, LB 121, § 457; Laws 1999, LB 779, § 23. AnnotationsUnder former law, leasing of more than six hundred forty acres of school land to one person is prohibited unless such person owns or operates land on two sides of school land to be leased. Kidder v. Wright, 177 Neb. 222, 128 N.W.2d 683 (1964).With specified exceptions, no person is permitted to hold under lease more than six hundred forty acres of school land. State v. Kidder, 173 Neb. 130, 112 N.W.2d 759 (1962).Under former law, all unsold school lands were subject to lease at an annual rental of six percent of the appraised value. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).Where a contract for lease of a tract of school lands has been created through application to the county treasurer, and by mistake a later application by another for the same tract is accepted, a writ of mandamus to compel execution of a lease cannot be issued to the second claimant though he has complied with all conditions precedent. State ex rel. O'Brien v. Board of Commissioners of Educational Lands and Funds, 116 Neb. 261, 216 N.W. 818 (1927).