Nebraska Revised Statute 72-223
School lands; condemnation; mineral rights reserved; lands acquired by Game and Parks Commission; disposition of mineral income.
The condemnation proceedings provided in sections 72-213 to 72-222 shall not operate to deprive the State of Nebraska of any mineral rights in the lands taken for the special purposes authorized by said sections, and, except as to land acquired by the United States of America, when any such land shall cease to be used for the special purpose for which it was acquired, it shall revert to the State of Nebraska as educational land. On lands acquired in this manner by the Game and Parks Commission all mineral income shall accrue to the appropriate state school funds; Provided, that all mineral extraction and exploration shall be conducted in a manner to be approved by both the Board of Educational Lands and Funds and the Game and Parks Commission.
Laws 1941, c. 145, § 1, p. 576;
C.S.Supp.,1941, § 72-211;
Laws 1943, c. 160, § 1, p. 574;
R.S.1943, § 72-223;
Laws 1965, c. 433, § 2, p. 1381.
Possibility of reverter to state was so remote as not to have any value in eminent domain proceedings. State v. Cheyenne County, 157 Neb. 533, 60 N.W.2d 593 (1953).
A condemner cannot acquire any mineral rights in land taken under eminent domain, and the value of such rights is to be excluded in determining compensation to be paid. State v. Platte Valley P. P. & I. Dist., 147 Neb. 289, 23 N.W.2d 300 (1946).
Where the state had given a contract to sell school land by which it agreed to give a deed in fee simple, the fact that after such contract was made the Constitution was amended making it illegal to deed away mineral rights on school lands would not prevent the state from conveying the land under terms of the original contract when payment in full was made. Reavis v. State, 140 Neb. 442, 300 N.W. 344 (1941).
Mineral rights in state school lands cannot be conveyed in the absence of legislative sanction for such disposition. Briggs v. Neville, 103 Neb. 1, 170 N.W. 188 (1918).