Title; reservations, restrictions and encumbrances

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37-605. Title; reservations, restrictions and encumbrances

A. An exchange for state lands shall not be authorized, approved or made unless the owner of the lands to be traded for state land agrees to grant the state title in fee simple with appropriate title insurance as determined to be acceptable by the department.

B. The state shall grant to the owner of lands being exchanged pursuant to this article a patent to the state lands being exchanged, with any reservations, restrictions or encumbrances as previously agreed to by the parties in writing.

C. Either party to an exchange may reserve mineral estates, easements and rights of use consistent with such reservations.


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