2017 Nebraska Revised Statutes
Chapter 46 - IRRIGATION AND REGULATION OF WATER
46-249 Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.
46-249. Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.
There is hereby granted, over all the lands now or hereafter belonging to the State of Nebraska, except school lands held in trust by the Board of Educational Lands and Funds, a right-of-way for ditches, tunnels and telephone and transmission lines necessary to the construction and operation of any irrigation works constructed by authority of the United States; and in all conveyances such right-of-way shall be reserved.
- Laws 1919, c. 190, tit. VII, art. V, div. 3, § 5, p. 847;
- C.S.1922, § 8455;
- C.S.1929, § 46-605;
- R.S.1943, § 46-249;
- Laws 1965, c. 273, § 1, p. 775.
- School lands, defined, see section 79-1035.03.
State could not grant to anyone, including the United States, a right-of-way over school lands without compensation. United States v. 78.61 Acres of Land in Dawes and Sioux Cos., 265 F.Supp. 564 (D. Neb. 1967).