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

Nebraska § 72-273

• Jurisdiction: Nebraska
• Ch. 72: Public Lands, Buildings, and Funds

Text

(1) If an agreement relating to wind energy or solar energy 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 agreement.
(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 agreement
regarding such land for wind energy or
solar energy purposes, and the board shall require the lessee under the agreement to provide such
insurance and indemnity agreements which the board determines are necessary
for the protection of the state and its lessees.
(3) If an agreement relating to wind energy or solar energy 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 parties to agreements relating to wind energy or solar energy, shall be allowed reasonable use of
the water on the land.

Legislative History

Source: Laws 2010, LB235, § 4; Laws 2012, LB828, § 14.