28-7094. Property acquisition; future needs; highway properties fund; rental revenue

A. The authority provided by this article to acquire real property for transportation purposes includes authority to acquire for future needs if the board has an adopted and approved state route plan or airport site location showing a reasonable need for the property.

B. The director may:

1. Except as provided in paragraphs 3 and 4, lease at fair rental value or for fair consideration allow the use of any land, improvement or portion of land or improvement that is held for transportation purposes and that is not presently needed for these purposes on terms and conditions determined by the director.

2. Maintain and care for the property described in paragraph 1 to secure rent from the property on terms consistent with this article.

3. If used for a public purpose, allow local agencies to use and maintain any land, improvement or portion of land or improvement that is held for transportation purposes and that is not presently needed for these purposes at fair rental value and on other terms and conditions determined by the director. The director may reduce the fair rental value by the costs of the maintenance of the land or improvement.

4. If used for a public purpose, lease to nonprofit organizations, state agencies or local agencies any historic property that is held for transportation purposes and that is not presently needed for these purposes at fair rental value and on other terms and conditions determined by the director. The director may reduce the fair rental value by the costs of the maintenance of the land or improvement.

C. The highway properties fund is established. The director shall deposit, pursuant to sections 35-146 and 35-147, rents received from property acquired in the state highway fund, except that twenty-four per cent of all rents received shall be deposited in the highway properties fund. Net income received from rentals under this section shall be credited to the budgetary item from which the property was acquired.

D. If the director determines that any rental revenue collected under this section represents overpayment or payment in duplicate, the director may authorize the refund of the overpayment or payment in duplicate from the highway properties fund and the state highway fund.

E. Not later than November 1 next following the close of any fiscal year, the department of administration shall pay the rents deposited in the highway properties fund to the county assessor in the county in which the real property is situated. The director of the department of transportation shall certify to the department of administration the amount of the rentals attributable to each county and shall notify each county of the rental and location of each piece of rental property for which rents are deposited in the fund.

F. The county assessor shall distribute any payment received by the county assessor pursuant to this section to the county, to each revenue district for which the county assesses and collects real property taxes or assessments and to every other taxing agency within the county in which the property is situated. The amount distributable to the county and each such revenue district or other taxing agency shall be proportionate to the ratio that the amount of the taxes and assessments of each on similar real property similarly situated within that part of the county embracing the smallest in area of the revenue districts or other taxing agencies other than the county, levied for the fiscal year next preceding, bears to the combined amount of the taxes and assessments of all such districts and agencies, including the county, on such property levied for that year. The county assessor shall determine and certify the amounts distributable to the board of supervisors, and the board shall order the distribution.

G. Any monies distributed pursuant to this section to any county, revenue district or other taxing agency shall be deposited to the credit of the same fund as any taxes or assessments on any taxable similar real property similarly situated. If a county receives a payment pursuant to this section of twenty-five dollars or less for any parcel of leased property, all of the payment shall be distributed to the county for deposit in the county general fund.

H. The respective jurisdictions may spend the monies received by them under this section for any proper public purpose not prohibited by the state constitution.