Nebraska State Constitution Article III-20

Article III-20

III-20.

Salt springs, coal, oil, minerals; alienation prohibited.

The salt springs, coal, oil, minerals, or other natural resources on or contained in the land belonging to the state shall never be alienated; but provision may be made by law for the leasing or development of the same.

Source

  • Neb. Const. art. III, sec. 17 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 11.

Annotations

Phrase all mineral rights in challenged statute held declaratory of this section. State ex rel. Belker v. Board of Educational Lands & Funds, 184 Neb. 621, 171 N.W.2d 156 (1969).

Prohibition against alienation of mineral rights in state educational lands did not apply to sale made prior to 1920. Stoller v. State, 171 Neb. 93, 105 N.W.2d 852 (1960).

Object of this section was not to prevent alienation of salt springs where brine yield is of no commercial value and state may convey with reservation that springs shall belong to state if they become commercially valuable. State ex rel. Central Realty & Investment Co. v. McMullen, 119 Neb. 739, 230 N.W. 677 (1930).

Board of Educational Lands and Funds has no jurisdiction over disposal of saline lands. Chicago, B. & Q. R. R. Co. v. Neville, 102 Neb. 817, 170 N.W. 176 (1918); McMurtry v. Engelhardt, 5 Neb. Unof. 271, 98 N.W. 40 (1904).