37-331. Definitions In this article, unless the context otherwise requires: 1. " Conservation" has the same meaning prescribed in section 37-311. 2. " Existing lessee" means any of the following: (a) The lessee who is entitled to the use of state lands at the time such lands are considered for classification and are classified as […]
37-331.01. Designation of state lands as urban lands on request A. The governing body of a city, town or county may request that the commissioner designate as urban lands state lands that are located within: 1. One mile of the corporate boundaries of an incorporated city or town having a population of less than two […]
37-331.02. Urban land planning oversight committee A. The urban land planning oversight committee is established in the department consisting of the following members appointed by the governor pursuant to section 38-211: 1. One member with experience in drainage, hydrologic or infrastructure engineering. 2. One member with experience in urban and community planning. 3. One member […]
37-331.03. Conceptual urban state trust land use plans; five year state trust land disposition plans; definitions A. The commissioner shall create conceptual land use plans for all urban state trust land in this state and other state trust lands the commissioner considers to be appropriate. The commissioner shall: 1. Prioritize the creation of conceptual plans […]
37-332. Urban lands; notice; hearing; requirements; classification; state general plan A. On the commissioner’s initiative, the commissioner may designate certain urban lands as being under consideration for classification as urban lands suitable for urban planning, or suitable for conservation purposes if the lands are to be planned in conjunction with lands to be developed, pursuant […]
37-334. Designation of lands; development or secondary plan; requirements; approval A. The commissioner may designate certain urban lands as suitable for a development plan. The designation may be made only for lands for which a state general plan has been approved under section 37-332, or a conceptual plan has been developed pursuant to section 37-331.03. […]
37-334.01. Development plan for a master plan area A. The commissioner may approve a development plan which includes a proposed master plan area if the proposed master plan area: 1. Is within the corporate boundaries of a city or town. 2. Has inadequate infrastructure to use state land for its highest and best use. 3. […]
37-335. Sale or lease of state lands for development A. On approval of the development or secondary plan, the commissioner may reclassify the lands consistent with the plan. The existing lessee is entitled to compensation as provided by this chapter. B. Upon the reclassification of state lands, the existing lessee shall be given notice of […]
37-335.01. Compensation and reimbursement of lessee upon cancellation of lease A. If an existing lease is cancelled due to reclassification under section 37-335, and if the existing lessee either did not utilize his preferred right to lease the reclassified land or was unsuccessful in obtaining the reclassified lease, the lessee is entitled to receive reimbursement […]
37-335.02. Off-site improvement of urban lands A. The governing body of an incorporated city or town or the board of directors of a county improvement district or a community facilities district pursuant to title 48, chapter 4, article 6 may submit to the commissioner for approval an improvement plan to be carried out by the […]
37-335.03. Assessment district assessments and city improvement plan assessments as lien on urban lands within district; enforcement A. Officially certified descriptions of all urban lands included within the boundaries of a city special assessment or county improvement district subject to an approved improvement plan, with the amounts of assessments and charges of every character made […]
37-335.04. Liens not liabilities of state This chapter shall not be construed as creating a lien against the interest of this state in any urban lands, nor an obligation against this state to pay charges or assessments imposed against urban land pursuant to an improvement plan. No action of any nature may be brought to […]
37-335.06. Agreements to fund, install and reimburse costs of infrastructure on trust lands A. The commissioner may enter into agreements with any public or private party to permit the construction, operation and maintenance of infrastructure on urban lands, including a community identity package for urban lands with a plan that is approved pursuant to this […]
37-336. Rules; review and approval by legislature; duties of commissioner A. The commissioner may adopt rules pursuant to title 41, chapter 6 to carry out this article. All rules adopted by the commissioner are subject to review and approval by the legislature. B. Following the adoption of a rule, the commissioner shall immediately forward a […]
37-338. Selection of application for development planning permit or secondary permit A. The commissioner shall review all applications before issuing a development planning permit or secondary permit. The application shall include: 1. The applicant’s experience, expertise and financial capability to prepare and complete the development or secondary plan. 2. The experience and expertise of any […]
