County signs real estate agency to sell donated land

McCOOK, Nebraska -- Red Willow County, Nebraska, commissioners signed a contract Monday morning with Gateway Realty of McCook to sell the quarter-section of farm land donated by Kiplinger arenas benefactor Tom Kiplinger.

Kiplinger gifted the 160 acres to the county for the purpose of creating income or sales proceeds to operate, maintain and promote the two Kiplinger arenas and associated livestock handling facilities for which Tom has donated money to build on the county-owned fairgrounds in McCook since 2002. From the beginning, the facilities have been self-supporting, and not dependent on tax money.

Commissioners decided at their meeting Nov. 18 to sell the land rather than rent it.

Gateway offered in a sealed bid to sell the land for 2.75 percent commission, "a commission less than what we might have quoted under other circumstances," according to Randy Bauer, real estate broker and owner of Gateway. Bauer said the lower commission percentage was a gesture of giving back to the community, and to recognize Kiplinger's many donations over the years. "(Tom's) a guy who has been very, very generous to the county," Bauer said.

The land will sell at a public auction on Wednesday, Jan. 8, (with a storm date of Wednesday, Jan. 15), in the Community Building on the fairgrounds. According to state statute, the land had to be offered for sale within two months of the public hearing and the decision to sell it on Nov. 18.

The land has been appraised by a professional appraiser at $685,000. The lowest amount the county will accept is $550,000. If the land is unsold at the sale, Gateway retains a six-month contract to sell it.

County attorney Paul Wood and/or deputy attorney Phil Lyons will research the title this week to determine who owns the mineral rights on the land. Commissioners will have to decide yet whether to sell the mineral rights with the land or retain them. Commissioner Vesta Dack told fellow commissioners Earl McNutt and Steve Downer that with increased oil activity in Southwest Nebraska, "we should take a hard look at keeping the mineral rights," as oil checks (if oil was discovered on the land) could help the county pay for upkeep and promotion of the Kiplinger facilities.

McNutt said, "It has always been Tom's wishes never to have tax payers pay for the Kiplinger facilities."

Commissioners will also have to determine who owns a propane tank, submersible pump and tank heater on the property -- Kiplinger; Marty Sis, who leases the land; or the county.

The commissioners' vote was unanimous to accept and have McNutt sign the contract with Gateway.

In other action Monday, Chairman McNutt signed an "administrative plat" for a survey on an acre of land being purchased by Cecelia Nelson, rural Bartley. County surveyor Gary Dicenta explained that Nelson purchased five acres of land from Eldon Moore several years ago and is now purchasing an additional adjoining acre. The land is located three miles east of Bartley and one-quarter of a mile north of Highway 6&34.

Within the county's revised/new subdivision zoning rules, any sale of less than 10 acres will now require this administrative plat process, if the land is not located along a highway corridor. Dicenta said the process is more time-consuming and involves more cost and more paperwork. Downer added, "No, it is not a stream-lined process."

Zoning laws are different for small acreages within an agriculture zone, which requires that an acreage must be at least five acres.