37-315. Withdrawing trust lands suitable for
conservation purposes by department without lease or sale
A. Notwithstanding any other law, when it is in the best interest of the trust, the
commissioner may withdraw trust land suitable for conservation purposes from lease or
sale for development purposes to allow qualifying lessees or buyers to complete the plans
and arrangements necessary to accomplish the purposes of the classification and plan of
the lands.
B. The commissioner shall prescribe a termination date, of at least three but not
more than five years, after which the lease or sale may proceed. Within one year before
the expiration of the withdrawal period the commissioner, after a public hearing, may
extend the withdrawal period for not more than one additional three year period if
significant progress is evident in the effort toward acquiring the land.
C. The commissioner's decision under this section is subject to appeal pursuant to
section 37-214.
D. During a withdrawal period under this section:
1. The commissioner may allow existing lessees of the land to continue their normal
and customary use of the land. The commissioner may renew existing leases pursuant to
section 37-291.
2. The commissioner may authorize a new use of the land that is consistent with the
classification.
E. If the commissioner withdraws trust lands from lease or sale pursuant to this
section, or fails to lease or convey trust lands suitable for conservation purposes as
provided by this article within three years after classification, and the trust lands are
subject to a current planning permit under article 5.1 of this chapter, the commissioner
shall reimburse the holder of the permit pursuant to section 37-338.
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