70 STATE LAND LAWS 



SEC. 77 IMPROVEMENTS. 



in the manner provided by law. (Laws '07, p. 212, sec. 1 ; sec. 

 6668 Rem.-Bal. ; 477 sec. 99 Pierce.) 



Former Laws: Laws '89-'90, p. 440, sees. 7-8; Laws '95, p. 536, sees. 

 22-23; Laws '97, p. 236, sec. 12; Laws '99, p. 252, sec. 1; Laws '01, 

 p. 308, sec. 1. 



Value of lands to be appraised exclusive of improvements: Const, 

 Art. XVI, sec. 2, ante. 



See next section and notes. 



SEC. 77. IMPROVEMENTS APPRAISAL AND PAYMENT. 



In every appraisement under this act,* the Board of State 

 Land Commissioners shall separately appraise all improvements 

 placed upon any land of the state and found on such land at the 

 time of appraisement of the land, and shall also appraise all 

 damages and waste committed or suffered upon said land by the 

 cutting or removal of timber, stone, gravel or other valuable 

 materials by the person or persons owning such improvements or 

 their assignors and the damages so found shall be deducted from 

 the appraised value of the improvements and the balance, after 

 deducting such damages and waste, shall be the value of the im- 

 provements upon the land, and every such appraisement shall 

 be recorded in the proceedings of the Board of State Land 

 Commissioners : Provided, That this section shall not be con- 

 sidered as affecting the right of the state to receive the full 

 value of the land. If the purchaser of such land be not the 

 owner of the improvements, he shall deposit with the officer 

 making the sale, at the time of the sale, the appraised value of 

 such improvements ; and if it be found by the board that the 

 owner of such improvements was not holding adversely to the 

 state at the time of making the improvements, or that said im- 

 provements were placed upon the land in good faith by a lessee 

 whose lease had not been canceled or subject to cancellation for 

 any cause, or that such improvements were placed upon the 

 land by mistake, then the Board of State Land Commissioners 

 shall direct the Commissioner of Public Lands to pay and he 

 shall pay to the owner of said improvements the sum so de- 

 posited. But if it be found by the board that such improve- 

 ments were made by persons holding or claiming adversely to 



