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Nebraska State Land Right-of-Way (3-NE-b)

In Nebraska, a developer must obtain a Utility Easement to access state land. 72 N.R.S. § 818. The state land right-of-way process is a cooperative process between the Nebraska agency with jurisdiction over the public land and the Nebraska Vacant Building and Excess Land Committee (“Committee”). The Committee is an administrative body of state government with final approval over a request for a Temporary or Permanent Utility Easement on state-owned real property to political subdivisions. 72 N.R.S. §§ 811-818.


The Committee may only grant Utility Easements to state agencies, political subdivisions or their contractors for utility or construction related purposes. 72 N.R.S. § 818; Nebraska Attorney General Opinion 99038 (1999). Nebraska statute defines “utility” as “…any person who owns or operates within state, for public use, any plant, equipment, property, franchise, or license for…the production, storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas.” 69 N.R.S. § 1302(h).


State Land Right-of-Way Process

3-NE-b.1 – Contact State Agency with Jurisdiction Over Land

The developer should contact the appropriate state agency with jurisdiction over the state land in question about obtaining either a Temporary or Permanent Utility Easement.

3-NE-b.2 – Submit Utility Easement Request

After complying with the appropriate state agency Utility Easement request process, the state agency may then submit a Utility Easement request to the Nebraska Vacant Building and Excess Land Committee (“Committee”) for approval. The applicable state agency must submit a Utility Easement request to the Committee Property Manager on a Nebraska Vacant Building and Excess Land Committee Request Form (“Request Form”) via e-mail, inter-office mail, or fax, along with any documents related to the easement request. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website.

3-NE-b.3 – Review Utility Easement Request

Upon receipt of a fully executed Request Form, the Committee Property Manager will research the request and request additional information if needed. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website.

3-NE-b.4 – Perform Survey (If Applicable)

The Committee Property Manager may also require the performance of a survey regarding the Utility Easement request. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website.

3-NE-b.5 to 3-NE-b.6 – Prepare Recommendation for Committee Decision

The Committee Property Manager will place the Utility Easement request on the next meeting agenda and prepare a recommendation for the Committee to consider the request at the Committee meeting. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website. After reviewing the Utility Easement request information, the Committee will grant, deny or table the request. The Committee may approve a Utility Easement by majority vote. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website.

3-NE-b.7 – Submit Record Fee

If the request is approved, the requestor will send or deliver a check for the amount of the recordation fee to the Nebraska Department of Administrative Services, Central Services. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website.

3-NE-b.8 – Utility Easement

The Committee must certify the approval of a Utility Easement to the Director of Administrative Services who must execute the instrument necessary to grant the easement. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website.

3-NE-b.9 – Record Utility Easement

Upon execution, the requestor is responsible for the recordation of the agreement in the applicable County Register of Deeds office and for sending a copy of the recorded document to the Committee Property Manager. Nebraska Vacant Building and Excess Land Committee: Frequently Asked Question Website.

3-NE-b.10 – Appeal Decision (If Applicable)

Any aggrieved party by a final state agency decision is entitled to judicial review under the Administrative Procedure Act. 84 N.R.S. §§ 917, 919.




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