Section 261-4-018 - CRITERIA FOR ACQUISITION BY PUBLIC BODIES018.01. Whenever a public entity indicates In accordance with Chapter 4 Section 019 that it desires to acquire or retain lands purchased in whole or in part with Water Sustainability Funds, the Commission shall determine whether the property should be so acquired or retained or whether it should be offered for sale at public auction In accordance with Chapter 4 Sections 024 through 029. In making such determination, the Commission shall consider the following factors: 018.01(A). The nature of the public purpose for which acquisition or retention is requested and the demand for such purpose in the area to be served thereby.018.01(B) The nature of probable alternative uses for such property and their relative Importance in the community and the state.018.01(C). The adequacy of the property to satisfy the proposed public purpose in comparison to its adequacy to satisfy probable alternative uses.018.01(D). The relative economic impacts which could be anticipated in the community because of the proposed public purpose and probable alternative uses.018.01(E). The legal and financial abilities of the public body to acquire or retain the property and to implement the proposed public purpose.018.01(F). The compatibility of the proposed public purpose with operation and maintenance of the property for the purpose for which it was originally acquired and its consistency with accepted conservation principles.018.02. Prior to determining whether the property should be acquired or retained by the public body or offered for sale at public auction, the Commission shall consult with the local organization holding title thereto and other Interested organizations and individuals. If the amount Invested in such property from the Water Sustainability Fund constituted the full purchase price, the decision of the Commission regarding the purchase or retention of such property by the public body shall be binding on the local organization. If, however, a portion of the original purchase price was contributed by the local organization, such local organization shall have independent authority to disapprove the purchase of such property by another public body, and any such disapproval shall result in the property being offered for sale at public auction as scheduled.261 Neb. Admin. Code, ch. 4, § 018
Amended effective 12/27/2022