37-1151. Petition to release public trust status

A. In responding to a petition filed by a record title owner or lessee pursuant to section 37-1128, subsection D, paragraph 1 the department shall consider the extent to which the property that has been confirmed to the state's ownership in a quiet title action, either because of its nature or because of changes, is no longer of material use for protecting public trust values. If the department concludes that the property is not of material use for protecting public trust values, the department shall consider the extent to which a release of the trust is appropriate in light of the public benefit to be derived from alternate uses, and the equitable interests or hardships of the record title holder or lessee, including each of the following:

1. The year in which the property was acquired by the record owner or lessee.

2. The entity or person from whom the property was acquired by the record owner or lessee.

3. The manner in which the record owner or lessee acquired the property.

4. The purchase price or lease terms paid by the record owner or lessee.

5. The amount of property taxes paid each year since the record owner or lessee acquired the property.

6. The profit or benefit derived from the property by the record owner.

7. The extent to which the record owner on the date of acquisition knew or should have known that the property was potentially trust land.

8. All improvements made to the property since the record owner or lessee acquired the property.

9. The public trust values identified by the commission pursuant to section 37-1128, subsection B.

10. Whether any improvements on the property impair, obstruct, promote or destroy the value of the watercourse for public trust values.

11. The existing uses of the property, its reasonable highest and best use and whether such uses impair, obstruct, promote or destroy the value of the watercourse for public trust values.

12. Whether the physical condition of the watercourse has materially changed since February 14, 1912 adversely affecting the watercourse's capability of being navigated, including changes due to construction of dams, reservoirs, dikes, levees, canals and ditches that were constructed for water conservation or flood control purposes by public entities, municipal corporations or the United States.

13. Any diminution in value to the record owner's or lessee's contiguous property caused by this state's ownership.

14. The degree of effect of continuation of the current use or any proposed change in use of the property on public trust values.

15. The impact of continuation of the current use or any proposed change in use of the property on the public trust values.

16. The impact of continuation of the current use or any proposed change in use of the property when examined cumulatively in conjunction with existing authorized impediments to full use of the public trust values.

17. The impact of continuation of the current use or any proposed change in use of the property on the public trust values if those values are considered with respect to the primary purpose to which the property is now suited.

18. The degree to which continuation of the current use or any proposed change in use requires that broad public uses be set aside in favor of more limited and private uses.

B. At least thirty days before issuing a decision that land may be released from the public trust under this section the department shall provide written notice of the proposed action and an opportunity to comment to any person who has previously requested written notice of actions under this section. The department shall provide contemporaneous written notice of the final decision to any person who filed a comment.