72-233 School lands; application for lease; manner of leasing; bidding; conditions of lease. - Nebraska Statutes

72-233. School lands; application for lease; manner of leasing; bidding; conditions of lease.Applications to lease any school lands shall be made to the Board of Educational Lands and Funds. Each such application shall contain an affidavit that the applicant desires to lease and operate such land for the applicant's own use and benefit and that the applicant will not sublease or otherwise dispose of the same without the written approval of the board and will commit no waste or damage on the land nor permit others to do so. The Board of Educational Lands and Funds may, at least once in each year, designate a day and hour for offering, in a public manner at the office of the county treasurer in the respective counties, lease contracts on all the educational lands in each respective county which may be subject to lease at the time of such offering. The offering shall be announced in a public manner by publishing a notice thereof three weeks preceding the auction in one or more of the legal newspapers published or of general circulation in the county in which the unleased land is located. If the board is unable to have a representative attend the offering, the county treasurer may, upon the direction of the board, act for it. Adjournments may be taken from day to day until all of the lands have been offered. No lease shall be sublet or assigned without the written approval of the board. 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(2), p. 571; R.S.1943, § 72-233; Laws 1947, c. 235, § 4, p. 745; Laws 1963, c. 416, § 1, p. 1337; Laws 1967, c. 466, § 7, p. 1447; Laws 1993, LB 121, § 458; Laws 1999, LB 779, § 24. AnnotationsBoard authorized to readvertise sale of lease where upset bid received after public auction, but before board acceptance of highest bid. Anderson v. Board of Educational Lands & Funds, 198 Neb. 793, 256 N.W.2d 318 (1977).A lease cannot be sublet or assigned without the consent of the Board of Educational Lands and Funds. State v. Kidder, 173 Neb. 130, 112 N.W.2d 759 (1962).Cited in summarizing history of litigation over renewal of school land leases. State ex rel. Ebke v. Board of Educational Lands & Funds, 159 Neb. 79, 65 N.W.2d 392 (1954).Board of Educational Lands and Funds is vested with discretionary power in approving school land lease. State ex rel. Raitt v. Peterson, 156 Neb. 678, 57 N.W.2d 280 (1953).Notice of sale at public auction is required. State v. Cooley, 156 Neb. 330, 56 N.W.2d 129 (1952); State v. Gardner, 156 Neb. 326, 56 N.W.2d 135 (1952).Under former law, third party got lease if he offered greater amount at auction. Propst v. Board of Educational Lands & Funds, 156 Neb. 226, 55 N.W.2d 653 (1952).Beneficiaries of trust can be protected by placing leases up at public auction. State ex rel. Ebke v. Board of Educational Lands & Funds, 154 Neb. 244, 47 N.W.2d 520 (1951).Leases are required to be made after public offering and competitive bidding. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).The auction of state school land leases, pursuant to this section, may not be conducted by the county clerk, but must be conducted by the commissioner of public lands and buildings, or, under his direction, by his deputy, or the treasurer of the county in which such lands are located. Stock Yards Nat. Bank v. Wyman, 130 Neb. 113, 264 N.W. 157 (1936).