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 consultants.

3. The proposed cost to prepare the development or secondary plan.

4. A development concept statement of the proposed or potential uses for state land included in the proposed development or secondary plan area.

5. Any additional information relating to the disposition feasibility and scheduling of the proposed development or secondary plan as the commissioner may require.

B. The commissioner may retain one or more independent experts to assist in assessing the qualifications of any applicant and consultants or in evaluating the benefits of any proposed development concept. The commissioner shall select any such independent experts and may require each applicant to pay the fees, costs and hiring expenses incurred in analyzing the applicant's qualifications and proposal. If the applicant is unwilling to pay such fees, costs and expenses, the applicant shall notify the commissioner in writing before the fees, costs and expenses are actually incurred, and the applicant's application shall be automatically withdrawn from consideration. The commissioner shall deposit, pursuant to sections 35-146 and 35-147, monies received under this subsection in the state general fund.

C. The commissioner may deny the applications or select the best applicant, considering each consultant's or applicant's experience and expertise, the cost to complete the development planning under the permit or secondary permit and the best interest of the trust.

D. Compensation for planning may be allowed as follows:

1. The commissioner may allow compensation for planning if all of the following conditions apply:

(a) The department has issued a development planning or secondary planning permit.

(b) The permit specifically states the maximum cost that the commissioner will recognize as development or secondary planning costs.

(c) The development plan or secondary plan is approved by the commissioner pursuant to this article.

(d) The lands are leased or sold at public auction based on the approved development plan or secondary plan.

2. The commissioner may recognize by rule development or secondary planning costs as eligible for reimbursement in cases where the commissioner terminates the permit in the best interests of the trust.

3. If any party who is due reimbursable development or secondary planning costs is not the successful bidder for lease or purchase of state land implementing the development or secondary plan, the successful bidder shall compensate that party at the time leases are granted or the land is sold. The commissioner shall determine the amount of the development or secondary planning costs to be recovered from each lease or sale.