72-273 Wind or solar energy lease; prior lease; effect on rights; compensation for damages. - Nebraska Statutes

72-273. Wind or solar energy lease; priorlease; effect on rights; compensation for damages.(1) If a wind or solar energy lease isauthorized by the board on land already being leased for agricultural or otherpurposes by a prior lessee, the existing rights of the prior lessee shallnot be impaired, and the board shall reduce the rental amount due from suchprior lessee in proportion to the amount of land that is removed from useas a result of the wind or solar energy lease.(2) A lessee foragricultural or other purposes shall be compensated for all damages to personalproperty owned by such lessee or to growing crops, including grass, causedby operations under a concurrent lease of such land for wind or solar energypurposes, and the board shall require the lessee under the wind or solar energylease to provide such insurance and indemnity agreements which the board determinesare necessary for the protection of the state and its lessees.(3) If a wind or solar energylease is authorized by the board on land concurrently being leased for agriculturalpurposes, the lessee for agricultural purposes shall have priority as to theuse of the water on the land, but lessees for other purposes, including windor solar energy lessees, shall be allowed reasonable use of the water on theland. SourceLaws 2010, LB235, § 4.Effective Date: February 12, 2010