37-215

37-215. Appeal from decision of commissioner or
board of appeals

A. An appeal from a final decision of the state land commissioner relating to
classification or appraisal of lands or improvements may be taken to the board of appeals
by any person adversely affected by the decision. Appeals shall be taken by giving notice
in writing to the commissioner within thirty days from the date notice of the decision is
mailed to the last known post office address of the appellant by the commissioner.

B. As a condition for filing an appeal of an order regarding an appraisal conducted
under section 37-285 or a reappraisal required by the terms of a lease, the appellant,
with the notice of appeal, shall pay to the department all amounts of the billed rental
during the pendency of the appeal. The disputed amount shall be held by the state
treasurer in an impound fund to be invested subject to the final disposition of the
appeal, and the undisputed amount shall be credited to the appropriate trust. If the
appellant fails to pay any amount before the deadline for filing notice of the appeal and
fails to provide proof of payment of the amount with the notice of appeal, any notice of
appeal to the board of appeals or to superior court shall not be accepted for filing and
the decision of the commissioner is final. If billed rental becomes due during the
pendency of an appeal and is not paid on or before the due date, the appeal shall be
dismissed and the decision of the commissioner is final. If the commissioner's decision
is upheld on final disposition of the appeal, the monies in the impound fund, with
interest, shall be paid to the appropriate trust. If the commissioner's decision is not
upheld on final disposition of the appeal, the monies in the impound fund, with interest,
shall be credited first to the accrued rent determined to be due and the remainder shall
be paid to the appellant.

C. The board of appeals, within one hundred twenty days from the date of the notice
of appeal, shall conduct a hearing in the county in which the major portion of the land
involved in the appeal is located, unless otherwise stipulated by the parties to the
appeal. The board shall render its decision upon the hearing within sixty days from the
date of the hearing unless the parties to the appeal otherwise stipulate. The board shall
make its findings and decision in writing and shall furnish a copy to all parties to the
appeal. A majority of a quorum of the board may render the decision.

D. All records of the board of appeals shall be kept in the offices of the state
land department. The department shall provide clerical assistants to the board as
necessary to perform its duties.

E. Except as provided in section 41-1092.08, subsection H, the commissioner or any
person adversely affected by a final decision of the board of appeals may seek judicial
review pursuant to title 12, chapter 7, article 6.

F. Any person adversely affected by a final decision of the commissioner not
relating to the classification or appraisal of lands or improvements is entitled to a
hearing pursuant to title 41, chapter 6, article 10.

G. If no appeal is taken, the decision of the commissioner or the board of appeals,
as the case may be, is final and conclusive.