37-615. Exchange of road rights-of-way on state land; procedure; limitation and exceptions

A. The state land department and selection board, for reasons of proper management, control, protection, or public use of state lands, may exchange road rights-of-way over state lands managed by the state land department for road rights-of-way over any other land within the state. The exchange may be made for road rights-of-way over land owned or held by the United States or an agency thereof, other state agencies, counties or municipalities and privately owned lands.

B. The state land department shall adopt rules governing the application and procedure for exchange of road rights-of-way over state land. Such rules shall include the following requirements:

1. The application shall include:

(a) The name, age and residence of the applicant.

(b) A description of all road rights-of-way sought to be exchanged.

(c) A list of permanent improvements on the road rights-of-way to be exchanged.

(d) Any leasehold interest in the land affected by the proposed exchange.

(e) Accompanying agreements, if any, with the leaseholder or owner of improvements on the land affected by the proposed exchange.

2. Payment of fees prescribed for that purpose pursuant to section 37-107.

3. An application initiated by a private owner shall be accompanied by a deposit equal to the estimated cost of appraising the value of the road rights-of-way on any privately owned property to be exchanged.

4. Such additional requirements may be imposed as the state land department from time to time determines to be necessary.

C. The exchange of road rights-of-way over state lands shall be subject to the following requirements:

1. All road rights-of-way exchanged shall be of substantially equal value.

2. All road rights-of-way over state lands offered for trade pursuant to this section must be located in the same county as the road rights-of-way over lands offered to the state.

3. Prior to any exchange of road rights-of-way over state lands for road rights-of-way over privately owned lands, the state land department and selection board shall give thirty days' notice in writing to other interested state agencies, counties, municipalities, and leaseholders on such lands that are or may be affected by the trade.

4. Before any road rights-of-way over state land may be considered for exchange under the provisions of this article, the land shall be classified as suitable for such purposes in accordance with the provisions of section 37-212.

5. Any person adversely affected by such decision may appeal from the decision as provided in section 37-215.

D. Any person may, within ten days of the date of notice as provided herein, file a written protest of the exchange at the state land department offices at the state capitol upon forms provided by the state land department. Upon receipt of such a protest to a contemplated exchange pursuant to this section, the state land commissioner shall, not later than thirty days after receipt of the protest, hold a public hearing at the county seat of the county in which the state lands proposed to be exchanged are located to hear any and all matters properly subject to the proposed exchange. Notice of the public hearing shall be mailed to all protestants and published one time prior to the date of the hearing in a newspaper of general circulation in the county.