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AGO Opinion 82274

September 9, 1982
SUBJECT: Nebraska State Board of Educational Lands & Funds: Authority pertaining to severance tax proceeds erroneously deposited in Permanent School Fund

REQUESTED BY: Nebraska State Board of Educational Lands & Funds


OPINION BY: Paul L. Douglas, Attorney General Frank J. Hutfless, Assistant Attorney General


QUESTION: If severance tax proceeds have been erroneously credited to and deposited in the Permanent School Fund which, pursuant to Neb. Rev. Stat. §57-705 (Supp. 1981), should have been allocated to one, or more, different funds, may the Board of Educational Lands & Funds order that such severance tax proceeds so erroneously credited to and deposited in the Permanent School Fund be withdrawn therefrom so that they can be allocated as specified in Neb.Rev. Stat. §57-705 (Supp. 1981)?

CONCLUSION: Severance tax proceeds derived from sources other than school lands are not part of the Permanent School Fund and are not subject to control or order of the Nebraska State Board of Educational Lands and Funds.

The primary issue in determining wheter the Nebraska State Board of Educational Lands and Funds may order severance tax money paid out of the state's Permanent School Fund is funds of the state and assumed the identification of school trust funds.

Sincerely,

PAUL L. DOUGLAS
Attorney General