2009 Nebraska Code
Chapter 72 PUBLIC LANDS, BUILDINGS, AND FUNDS
72-273 Wind or solar energy lease; prior lease; effect on rights; compensation for damages.

72-273. Wind or solar energy lease; prior lease; effect on rights; compensation for damages.

(1) If a wind or solar energy lease is authorized by the board on land already being leased for agricultural or other purposes by a prior lessee, the existing rights of the prior lessee shall not be impaired, and the board shall reduce the rental amount due from such prior lessee in proportion to the amount of land that is removed from use as a result of the wind or solar energy lease.

(2) A lessee for agricultural or other purposes shall be compensated for all damages to personal property owned by such lessee or to growing crops, including grass, caused by operations under a concurrent lease of such land for wind or solar energy purposes, and the board shall require the lessee under the wind or solar energy lease to provide such insurance and indemnity agreements which the board determines are necessary for the protection of the state and its lessees.

(3) If a wind or solar energy lease is authorized by the board on land concurrently being leased for agricultural purposes, the lessee for agricultural purposes shall have priority as to the use of the water on the land, but lessees for other purposes, including wind or solar energy lessees, shall be allowed reasonable use of the water on the land.

Source

Laws 2010, LB235, § 4.
Effective Date: February 12, 2010