37-232

37-232. Application to purchase state lands or
for reimbursement for improvements; deposit

A. A person desiring to purchase state lands, or the lessee of any leased school or
university land entitled to reimbursement for improvements thereon, may make a verified
written application to the state land department to purchase the land.

B. In all cases, the application shall contain the name, age and residence of the
applicant and a description of the land sought to be purchased. The application shall
also contain the following information, as applicable:

1. If a lessee of school or university lands is the applicant, the application
shall contain the date the lease of the land was issued to him.

2. If the applicant has or claims the right of possession by instrument in writing
from a former lessee, the application shall contain the name of his assignor or grantor,
the date of the original lease and the date of the assignment, and he shall attach to his
application the original instrument of assignment, or if lost, furnish proof of loss.

3. If the applicant claims by judgment of a court or by operation of law, he shall
attach to the application a certified copy of the instrument giving him such right.

4. If the application is by one claiming a right to reimbursement for improvements
placed on leased school or university lands, he shall set forth in the application a list
of improvements made upon the land.

C. The department shall require an applicant to pay a deposit before beginning to
process an application to purchase state trust lands if the applicant:

1. Has requested that a property be reappraised or advertised, or both, within two
years of the most recent public auction of that same property.

2. Has previously held title to that same property under a certificate of purchase.

3. Is known to be a second time applicant on the same property that was previously
offered at public auction.

D. If the applicant is subject to a deposit pursuant to subsection C, the
department shall place the deposit in a noninterest bearing account and the deposit shall
be calculated on a percentage of the estimated value of the property. Monies must be
deposited at the time of filing an application or at a time determined by the
commissioner. If the applicant is not the successful bidder at public auction, the
department shall refund the deposit to the applicant. If the applicant is the successful
bidder, the department shall apply the deposit to the purchase price at auction. If
there are no bids at the time of the auction, the department shall transfer the deposit
made by the applicant to the appropriate trust beneficiary.