The department must order a land sale by public auction and advertise it, may accept electronic bids, and the commissioner may cancel the sale before a final bid in certain changed circumstances. Affected persons may appeal a termination decision, except for appeals based on electronic-means failures the department is not liable for.
37-236 - Order by department of sale of lands; sale at auction; electronic means; cancellation of sale; appeal; exception; department immunity 37-236. Order by department of sale of lands; sale at auction; electronic means; cancellation of sale; appeal; exception; department immunity A. On completion of the appraisal, if the department determines that the interests of this state will not be prejudiced by sale of the land, or when application for purchase was made by the lessee of agricultural land entitled to compensation for improvements on the land appraised, within sixty days after the time for taking an appeal expires and no appeal is taken, or if an appeal is taken and the decision is against appellant, within sixty days after the decision is received, the department shall order the sale of the lands to the highest and best bidder at public auction held at the county seat of the county in which the land or the major portion of the land is located, and the department shall give notice of the sale by advertisement. B. Notwithstanding any other law, the department may accept bids offered through electronic means during a public auction. If the department accepts bids offered through electronic means, the department is not liable for either: 1. The failure of a person's electronic means that prevents the person from participating in the auction. 2. The failure of the electronic means the department operates that is caused by an act of god or of nature, a superior or overpowering force or an event or effect that cannot be reasonably anticipated or controlled during or directly preceding the public auction that prevents a person from participating in the public auction. C. If the commissioner receives information that indicates a change in the circumstances regarding the benefits to the trust but before the acceptance of a final bid at the public auction, the commissioner may cancel the sale proceedings. D. A person adversely affected by a decision to terminate a sale pursuant to subsection C of this section may appeal such decision to the board of appeals pursuant to section 37-215, except a person may not file an appeal on the basis of an electronic means failure for which the department is not liable as prescribed in subsection B of this section.