97 Neb. Admin. Code, ch. 7, § 004

Current through September 17, 2024
Section 97-7-004 - Removal

Appraisable permitted improvements which the lessee has the right to, and does, elect to remove in lieu of either accepting the appraised valuation thereof or transferring ownership thereof to the new lessee, and all other items of property which the lessee has the right to, and does, elect to remove in lieu of transferring ownership thereof to the new lessee shall be removed from the land (1) within one month after expiration of the lease if the lease ends by expiration, (2) within one month after termination of the lease if the lease ends other than by expiration, (3) within two months after the date upon which the land, or a new lease thereof, is offered for sale at public auction if the lease ends by expiration, or (4) within any extension of time granted by the Board, whichever of the applicable is later. If the lessee desires additional time to remove any item, the lessee shall present to the Board a written request for an extension of time specifying, with respect to each item of property to which such request pertains, the additional time requested and the reasons for such request. Such request must be so presented within the initial time period within which removal is permitted and shall be submitted to the Board for its consideration and such action as the Board deems appropriate in its sole and absolute discretion. Any extension of time granted by the Board shall be in writing and signed by an authorized representative of the Board. The Executive Secretary is authorized to grant on behalf of the Board any extension of time not exceeding one month in duration which he deems appropriate in his sole and absolute discretion with respect to any specific item of property. Provisions of Educational Land Leases requiring the immediate vacation and surrender of the premises upon the expiration or termination thereof apply and remain in full force and effect notwithstanding these provisions pertaining to the removal of items of property which grant only a limited right of entry upon the premises for the sole and only purpose of expeditiously accomplishing such removal and do not grant any other, different, additional or greater rights to the lessee specifically including, but not limited to, any rights to hold over upon, or use, the premises to any extent at any time, or for any periods of time, for any other purpose, or purposes, whatosever.

97 Neb. Admin. Code, ch. 7, § 004