37-442. Application by department or
institution to take over state lands; approval by governor;
compensation of lessee for improvements and damages resulting from
termination
A. The governing board or officer of a state department or institution desiring to
avail itself of the provisions of this article shall make application to the governor for
taking the lands over, and, if the application is approved by the governor, it shall be
transmitted to the state land department which shall appraise the improvements on the
lands.
B. The existence of a permit or lease for the land desired shall not bar the state
from taking the land, but the permittee or lessee shall be entitled, in addition to the
appraised value of the improvements on the lands, to reasonable compensation for damages
he may sustain by reason of the cancellation of the permit or lease prior to its
termination. Such damages shall be determined as a part of the appraisal.
C. Upon surrender of the lands to the state, the owner of the improvements shall be
paid in the manner provided by law the appraised value thereof and the amount of the
damages. The owner of the improvements shall prior to payment file his claim, and
certify that the possession of the lands and improvements has been surrendered to the
state by all persons having lawful claims thereon.
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