37-1151

37-1151. Petition to release public trust
status

A. In responding to a petition filed by a record title owner or lessee pursuant to
section 37-1128, subsection D, paragraph 1 the department shall consider the extent to
which the property that has been confirmed to the state's ownership in a quiet title
action, either because of its nature or because of changes, is no longer of material use
for protecting public trust values. If the department concludes that the property is not
of material use for protecting public trust values, the department shall consider the
extent to which a release of the trust is appropriate in light of the public benefit to
be derived from alternate uses, and the equitable interests or hardships of the record
title holder or lessee, including each of the following:

1. The year in which the property was acquired by the record owner or lessee.

2. The entity or person from whom the property was acquired by the record owner or
lessee.

3. The manner in which the record owner or lessee acquired the property.

4. The purchase price or lease terms paid by the record owner or lessee.

5. The amount of property taxes paid each year since the record owner or lessee
acquired the property.

6. The profit or benefit derived from the property by the record owner.

7. The extent to which the record owner on the date of acquisition knew or should
have known that the property was potentially trust land.

8. All improvements made to the property since the record owner or lessee acquired
the property.

9. The public trust values identified by the commission pursuant to section
37-1128, subsection B.

10. Whether any improvements on the property impair, obstruct, promote or destroy
the value of the watercourse for public trust values.

11. The existing uses of the property, its reasonable highest and best use and
whether such uses impair, obstruct, promote or destroy the value of the watercourse for
public trust values.

12. Whether the physical condition of the watercourse has materially changed since
February 14, 1912 adversely affecting the watercourse's capability of being navigated,
including changes due to construction of dams, reservoirs, dikes, levees, canals and
ditches that were constructed for water conservation or flood control purposes by public
entities, municipal corporations or the United States.

13. Any diminution in value to the record owner's or lessee's contiguous property
caused by this state's ownership.

14. The degree of effect of continuation of the current use or any proposed change
in use of the property on public trust values.

15. The impact of continuation of the current use or any proposed change in use of
the property on the public trust values.

16. The impact of continuation of the current use or any proposed change in use of
the property when examined cumulatively in conjunction with existing authorized
impediments to full use of the public trust values.

17. The impact of continuation of the current use or any proposed change in use of
the property on the public trust values if those values are considered with respect to
the primary purpose to which the property is now suited.

18. The degree to which continuation of the current use or any proposed change in
use requires that broad public uses be set aside in favor of more limited and private
uses.

B. At least thirty days before issuing a decision that land may be released from
the public trust under this section the department shall provide written notice of the
proposed action and an opportunity to comment to any person who has previously requested
written notice of actions under this section. The department shall provide
contemporaneous written notice of the final decision to any person who filed a comment.