37-232. Application to purchase state lands or for reimbursement for improvements; deposit

A. A person desiring to purchase state lands, or the lessee of any leased school or university land entitled to reimbursement for improvements thereon, may make a verified written application to the state land department to purchase the land.

B. In all cases, the application shall contain the name, age and residence of the applicant and a description of the land sought to be purchased. The application shall also contain the following information, as applicable:

1. If a lessee of school or university lands is the applicant, the application shall contain the date the lease of the land was issued to him.

2. If the applicant has or claims the right of possession by instrument in writing from a former lessee, the application shall contain the name of his assignor or grantor, the date of the original lease and the date of the assignment, and he shall attach to his application the original instrument of assignment, or if lost, furnish proof of loss.

3. If the applicant claims by judgment of a court or by operation of law, he shall attach to the application a certified copy of the instrument giving him such right.

4. If the application is by one claiming a right to reimbursement for improvements placed on leased school or university lands, he shall set forth in the application a list of improvements made upon the land.

C. The department shall require an applicant to pay a deposit before beginning to process an application to purchase state trust lands if the applicant:

1. Has requested that a property be reappraised or advertised, or both, within two years of the most recent public auction of that same property.

2. Has previously held title to that same property under a certificate of purchase.

3. Is known to be a second time applicant on the same property that was previously offered at public auction.

D. If the applicant is subject to a deposit pursuant to subsection C, the department shall place the deposit in a noninterest bearing account and the deposit shall be calculated on a percentage of the estimated value of the property. Monies must be deposited at the time of filing an application or at a time determined by the commissioner. If the applicant is not the successful bidder at public auction, the department shall refund the deposit to the applicant. If the applicant is the successful bidder, the department shall apply the deposit to the purchase price at auction. If there are no bids at the time of the auction, the department shall transfer the deposit made by the applicant to the appropriate trust beneficiary.