37-233. Sale of state lands; restriction on sale of timber land; expense of sale; procedures and criteria for sale of state lands by the commissioner

A. On receiving an application, or on the commissioner's initiative, the department, under the rules of the department, may cause state lands to be sold if the sale of them is not prohibited by law.

B. Land containing timber of a value which in the opinion of the commissioner should be sold separately from the land shall not be subject to sale until after the timber is sold.

C. When an application is filed with the department for selection or sale of land under the laws of this state, and the department determines that the benefit to be derived from the selection or sale is less than the expense involved, the commissioner may accept from the applicant an amount of money sufficient to pay the expense incidental to the selection or sale. If the applicant fails to secure a lease after selection of land, or fails to purchase land after bidding for it, the successful lessee or purchaser shall reimburse the original applicant for all funds so advanced.

D. The department shall establish a procedure and the criteria that the commissioner must use for determining whether to initiate the sale of state lands by the commissioner's own initiative and shall post the procedure and criteria on the department's website.

E. The commissioner shall hire a third-party contractor to appraise and prepare state lands for public auction.  The department may use either department staff or a third-party contractor to satisfy the notice requirements prescribed in section 37-237.

F. This section does not prohibit the commissioner from selling state lands that have not been identified for sale in the five year disposition plan adopted pursuant to section 37-331.03 or restrict the use of state lands sold pursuant to this section to the uses identified in the conceptual land use plan approved pursuant to section 37-331.03.