72-301. State lands, lakes, and rivers; mineral rights; reserved to state; exception.

All common school, university, normal, saline or other public lands, lakes, lake beds, river beds and channels, belonging to the state or under its control, and all lands which may hereafter be so owned, and all of such lands which have heretofore been sold or conveyed by the state or by its authority, in the conveyance of which there has been reserved mineral or other valuable substances therein, are reserved to the state, as well as lands that may hereafter be sold, and lands hereafter acquired by the state and, except as to oil and gas which are controlled by the provisions of sections 72-901 to 72-911, shall be included within the provisions of sections 72-301 to 72-314, and shall be open to the prospecting for and development of minerals, potash and other valuable substances upon conditions provided in sections 72-301 to 72-314.

Source:Laws 1918, Thirty-sixth Spec. Sess., c. 7, § 1, p. 43; C.S.1922, § 5219; C.S.1929, § 72-301; Laws 1943, c. 164, § 13, p. 583; R.S.1943, § 72-301.

Annotations

Reservation of oil rights did not apply to contracts of sale entered into prior to enactment of this act. Pfeifer v. Ableidinger, 166 Neb. 464, 89 N.W.2d 568 (1958).

This article is constitutional as against contentions that it violates sections 11, 13, and 15 of Article III of the Constitution and the fourteenth amendment to the federal Constitution. Briggs v. Neville, 103 Neb. 1, 170 N.W. 188 (1918).