reglab/housing_qa huggingface dataset:
AK Stat § 38.35.180 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.180. Suits to enjoin or recover damages for defaults.

(a) When in the judgment of the commissioner a person has violated or is about to violate a provision of this chapter or an obligation, condition, or provision of a right-of-way lease, the attorney general, on advice of the commissioner, shall seek a prohibition or mandatory injunction from the superior court to remedy the violation. (b) A penalty imposed by the provisions of a right-of-way lease issued under this chapter may be enforced in the superior court by proceedings in personam against the lessee carrier, or, in the case of a lien, by proceedings in rem against any of the lessee carrier's property. (c) Neither this section nor the state's obtaining an injunction or recovering penalties extinguishes any civil cause of action arising out of a violation of this chapter or the provisions of a right-of-way lease.
AK Stat § 38.35.190 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.190. Application of the Administrative Procedure Act.

(a) AS 44.62.010 - 44.62.319, 44.62.640, and 44.62.950 apply to regulations adopted by the commissioner under the authority of this chapter. (b) [Repealed, § 18 ch 3 FSSLA 1973.] (c) [Repealed, § 18 ch 3 FSSLA 1973.] (d) [Repealed, § 18 ch 3 FSSLA 1973.]
AK Stat § 38.35.200 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.200. Judicial review.

(a) An applicant or competing applicant or a person who has a direct financial interest affected by the lease who raises objections within 60 days of the publication of notice under AS 38.35.070 are the only persons with standing to seek judicial review of a decision of the commissioner under AS 38.35.100. (b) The only grounds for judicial review of a decision of the commissioner are (1) failure to follow the procedures set out in this chapter; or (2) abuse of discretion so capricious, arbitrary, or confiscatory as to constitute a denial of due process. (c) Except as provided for an applicant in (a) of this section and notwithstanding any contrary provision of law, an action or decision of the commissioner or other state officer or agency concerning the issuance or approval of a necessary right-of-way, permit, lease, certificate, license, or other authorization for the planning, financing, acquisition, maintenance, development, construction, or initial operation of a natural gas pipeline by the Alaska Gasline Development Corporation under AS 31.25 that uses a right-of-way subject to this chapter may not be subject to judicial review, except that a claim alleging the invalidity of this subsection must be brought within 60 days after May 22, 2013, and a claim alleging that an action will deny rights under the Constitution of the State of Alaska must be brought within 60 days following the date of that action. A claim that is not filed within the limitations established in this subsection is barred. A complaint under this subsection must be filed in superior court, and the superior court has exclusive jurisdiction. Notwithstanding AS 22.10.020(c), except in conjunction with a final judgment on a claim filed under this subsection, the superior court may not grant injunctive relief, including a temporary restraining order, preliminary injunction, permanent injunction, or stay, against the issuance of a necessary right-of-way, permit, lease, certificate, license, or other authorization for the planning, financing, acquisition, maintenance, development, construction, or initial operation of a natural gas pipeline by the Alaska Gasline Development Corporation. In this subsection, “natural gas pipeline” has the meaning given in AS 38.34.099. (d) An appeal of a permitting decision or authorization by the Department of Environmental Conservation under AS 46.03 or AS 46.14 that is made under a program approved or delegated by the United States Environmental Protection Agency is not (1) subject to the limitation in (a) of this section; (2) included in the actions or decisions described in (c) of this section.
AK Stat § 38.35.205 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.205. Lease savings clause.

A judicial finding that any term or condition of a right-of-way lease issued under this chapter is unlawful or invalid may not operate to invalidate the lease or any other term or condition of the lease.
AK Stat § 38.35.210 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.210. Delegation of commissioner's authority.

The commissioner may delegate to an employee of the Department of Natural Resources or the Department of Law the authority granted under this chapter, except for the authority to execute leases.
AK Stat § 38.35.220 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.220. Continued operation of certain carriers.

(a) Natural gas carriers that operate as public utilities holding easements, rights-of-way, or permits for pipelines on state public land on May 20, 1972, are unaffected by this chapter within the scope of their existing operations, normal expansions, and extensions thereof so long as their original or present purpose and function remains unchanged. This exemption does not apply to a natural gas pipeline constructed outside of the (1) Southcentral region of the state; (2) Matanuska-Susitna Borough; (3) Kenai Peninsula Borough; (4) Municipality of Anchorage; (5) Chugach Regional Educational Attendance Area; or (6) Copper River Regional Educational Attendance Area. (b) Subject to (a) of this section, if an existing right-of-way is revocable or for a term of years, then upon revocation or expiration this chapter applies. (c) Applications for pipeline permits which have been filed with the division of lands before May 20, 1972, shall be considered as filed under this chapter but this does not otherwise restrict the authority of the commissioner in acting on these applications under this chapter; however, if the division of lands has, before May 20, 1972, granted right-of-entry to an applicant or issued a letter of no-objection to an applicant, and the applicant thereafter fully complies with all of the terms and conditions originally specified by the division of lands or other agency, these applications are existing valid permits or easements on May 20, 1972. (d) [Repealed by § 21 ch 3 FSSLA 1973.]
AK Stat § 38.35.225 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.225. Binding effect of covenants.

By entering into a lease under this chapter, the lessee is bound by all the covenants provided for in the lease to the full extent of the power of the state to impose those covenants under its authority as owner of the land to be leased or under its police or regulatory powers or otherwise; provided that the right of the lessee to challenge the power of the state to require such a covenant as owner of the land to be leased or under its police or regulatory powers or otherwise is preserved until such time as action to enforce the covenant is taken by the state.
AK Stat § 38.35.260 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 35. Right-of-Way Leasing Act|Sec. 38.35.260. Short title.

This chapter may be cited as the Alaska Right-of-Way Leasing Act.
AK Stat § 38.50.010 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.010. Authorization and procedure for exchange of state land.

(a) When it is in the best interest of the state, and subject to the requirements of this chapter and the notice provisions of AS 38.05.945, the director may, with the consent of the commissioner, dispose of state land or interest in land, including the land estate, the mineral estate, or both, by exchanging it for land, interest in land, or other consideration. (b) Land or an interest in land exchanged must be of approximately equal value; however, the director may accept from or pay to a party to an exchange cash or other consideration to equalize the value of the property conveyed and received by the state. If the director determines that the property to be exchanged is not of approximately equal value or if the value of the property cannot be ascertained with reasonable certainty, the director may enter into an exchange with a finding that the value of the property received, together with the value of other public benefits, equals or exceeds the value of the property relinquished by the state. (c) Exchange procedures must comply with applicable statutes and regulations and follow the determination and review procedures provided under AS 38.05.035(e). The director may include in a patent or the written finding stipulations necessary to promote or protect the public interest. (d) If the value of the state land exchanged exceeds $5,000,000, or if the exchange is not of an approximately equal value, the director shall forward the proposed exchange to the legislature for review under AS 38.50.140 not later than 10 days after the convening of the next legislative session.
AK Stat § 38.50.030 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.030. Parties.

(a) The director may exchange land and interests in land with a government agency, organization, corporation, individual, or other person. At the beginning of discussions concerning a proposed exchange, the director shall require proof that each party to the negotiations is the owner of, or is legally entitled to, the property which the party desires to exchange and proof that a person acting as an agent for a principal has the authority to negotiate an exchange in behalf of the principal. (b) The director may negotiate an exchange involving more than one party.
AK Stat § 38.50.050 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.050. Conveyance of mineral rights.

Subject to the requirements of this chapter, the director is authorized to exchange mineral rights in state land to the extent that the conveyance is authorized by the state constitution and applicable federal law.
AK Stat § 38.50.060 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.060. Reservations and covenants.

The director may include in any patent or other instrument issued under this chapter any reservations and covenants relating to the land which the director considers necessary to protect or promote the public interest. Reservations and covenants may include, but are not limited to, those relating to access, environmental protection, and use or development rights. The director may receive land which is subject to reservations and covenants if the director finds that the reservations and covenants are consistent with the public interest.
AK Stat § 38.50.070 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.070. Valid existing rights.

Conveyances made by the state under this chapter are subject to valid existing rights, including contracts, permits, leases, rights-of-way, and easements. Unless jurisdiction is waived, the appropriate state agency shall continue to administer valid existing rights, and revenue derived from the existing rights continue to accrue to the state until state land is conveyed under AS 38.50.150.
AK Stat § 38.50.080 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.080. Prohibition against future consideration.

(a) The director may not negotiate or enter into a land exchange agreement which requires the identification of land, interest in land, or other consideration, except for the performance of necessary survey work, at any time after the agreement is initially executed. (b) [Repealed, § 13 ch 57 SLA 2016.]
AK Stat § 38.50.120 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.120. Public hearings.

(a) For an exchange of state land having an appraised or estimated fair market value of more than $5,000,000, the director shall hold at least two public meetings before the exchange is submitted to the legislature for approval. Meetings under this subsection may be held telephonically, except at least one meeting shall be held in person in a municipality close to the state land proposed for exchange. (b) [Repealed, § 13 ch 57 SLA 2016.]
AK Stat § 38.50.140 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.140. Legislative review.

Within 10 days after the convening of a regular legislative session, the governor shall transmit to the president of the senate and the speaker of the house of representatives any proposal for a land exchange required to be submitted to the legislature for approval under AS 38.50.010 that is scheduled to occur before the next legislative session. If exigent circumstances seriously affecting state interests so require, the governor may submit the proposed exchange to the legislature at another time. A finding of exigent circumstances shall be carefully documented in the letter of transmittal. The director is authorized to conclude a proposed exchange agreement upon approval by the legislature of the proposed exchange agreement. A decision by the legislature to disapprove a proposed exchange shall be accompanied by a recommendation to the governor with respect to future actions that the director should take concerning the exchange.
AK Stat § 38.50.150 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.150. Execution of exchange.

If a deed, contract of exchange, or other instrument of conveyance which the director receives to effectuate an exchange is properly executed, acknowledged, and authorized by the appropriate party, the director shall accept conveyance of title to the land and other property which the state is to receive as consideration, and shall issue a patent, contract of exchange, or other instrument of conveyance to the appropriate party for the property which the director is then obligated to convey. Before acceptance by the director of a deed, contract of exchange, or other instrument, no action taken by the director or by any other state official creates a right against the state with respect to state land.
AK Stat § 38.50.160 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.160. Regulations.

The commissioner may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the purposes of this chapter.
AK Stat § 38.50.170 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 50. Exchange of State Land|Sec. 38.50.170. Definitions.

In this chapter, unless otherwise specified, (1) “commissioner” means the commissioner of natural resources; (2) “director” means the director of the division of lands; (3) “state land” means all land, including shoreland, tideland, and submerged land or unsevered resources belonging to or acquired by the state excluding interests in land severed or constructively severed from the land.
AK Stat § 39.05.020 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.020. Appointment of department heads.

The governor shall appoint the head of each principal executive department in the state government. Each appointment is subject to confirmation by a majority of the members of the legislature in joint session.
AK Stat § 39.05.030 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.030. Service at governor's pleasure.

Each principal executive officer serves at the pleasure of the governor.
AK Stat § 39.05.035 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.035. Commission of office.

After each appointment of a state officer, the governor shall execute a commission, which states that the person to whom it is issued is appointed and sets out the office to and the term for which the officer is appointed. The attorney general shall prescribe the form of the commission.
AK Stat § 39.05.040 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.040. Oaths for executive officers, boards.

The principal executive officer of each department and the member of each board within the state government shall take, sign, and file the oath of office required by the constitution before entering upon the duties of office.
AK Stat § 39.05.045 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.045. Oaths for other employees.

A public officer or employee of the state, before entering upon the duties of office, shall take and sign the following oath or affirmation:“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Alaska, and that I will faithfully discharge my duties as ............... to the best of my ability.”
AK Stat § 39.05.050 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.050. Surety bonds.

The principal executive officer of each department and subordinate officials shall furnish corporate surety bonds in the instance and amount required by law or determined by the governor upon recommendation of the commissioner of administration. The state shall pay the cost of the bond. The attorney general shall approve the form of the bond.
AK Stat § 39.05.053 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.053. Terms of office.

The term of office of a position or membership ends on March 1 of the year when the position's or membership's term expires except as otherwise provided in a law relating to positions or memberships on a specific board or commission.
AK Stat § 39.05.055 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.055. Staggered initial terms.

The terms of the initially appointed members of a board, commission, council, or other multi-member body that will have a continuing existence shall be set by the governor as follows: (1) in the case of three-member boards, for one, two and three years; (2) in the case of four-member boards, for one, two, three and four years; (3) in the case of five-member boards, for one, two, three, four and five years; (4) in the case of six-member boards, two members serve for one year, two for two years, and two for three years; (5) in the case of seven-member boards, two members serve for one year, two for two years, and three for three years; (6) in the case of eight-member boards, two members serve for one year, two for two years, two for three years, and two for four years; (7) in the case of nine-member boards, three members serve for one year, three for two years, and three for three years; (8) in the case of 10-member boards, two members serve for one year, two for two years, two for three years, two for four years, and two for five years.
AK Stat § 39.05.060 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.060. Appointment, qualifications, and terms of office of members of departmental boards, councils, or commissions.

(a) Each member of the following shall be a citizen of the United States: (1) Local Boundary Commission; (2) Alcoholic Beverage Control Board. (b) The governor shall appoint each member on the basis of interest in public affairs, good judgment, knowledge and ability in the field of action of the department for which appointed, and with a view to providing diversity of interest and points of view in the membership. Appointments are subject to confirmation by a majority of the members of the legislature in joint session. (c) [Repealed, § 56 ch 21 SLA 1985.] (d) A vacancy occurring during a term of office is filled in the same manner as the original appointment is made and, except as provided in AS 39.05.080(4), is filled for the balance of the unexpired term. Except as otherwise provided by law, each member holds office at the pleasure of the governor notwithstanding the member's term.
AK Stat § 39.05.065 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.065. Qualifications of members of the Board of Education and Early Development.

(a) Each member of the Board of Education and Early Development shall be a citizen of the United States and have been a resident of Alaska for at least three years. (b) A member of the Board of Education and Early Development may also be a member of a district school board.
AK Stat § 39.05.070 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.070. Purpose of AS 39.05.070 - 39.05.200.

It is the purpose of AS 39.05.070 - 39.05.200 to provide procedural uniformity in the exercise of appointive powers conferred by the legislature to eliminate, insofar as possible, recess or interim appointments except in the event of death, resignation, inability to act, or other removal from office and the exercise, insofar as possible, of appointive powers only when the legislature is in session.
AK Stat § 39.05.090 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.090. Time limits in AS 39.05.080.

The time limitations concerning the submission and resubmission of names as prescribed in AS 39.05.080 do not apply to those appointments that by law require recommendations by professional groups.
AK Stat § 39.05.100 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.100. Qualifications for appointment.

(a) A person appointed to a board or commission of the state government shall be and have been before the last general election, (1) a registered voter in the state, if the appointment is made at large or (2) a registered voter from the judicial district, if the appointment is made from a specific judicial district. The student member of the Board of Regents of the University of Alaska appointed under AS 14.40.150(b), the student member of the Alaska Commission on Postsecondary Education appointed under AS 14.42.015(d), and a member of the Alaska Human Relations Commission appointed under AS 44.19.600, are exempt from the requirement of this subsection if the member was not old enough to be a registered voter in the last general election. (b) A member of a board or commission of the state government who ceases to reside in the state during the member's term terminates membership on the board or commission. For the purposes of this section, the acceptance of employment outside the state for a six-month period or longer, or physical absence from the state for one year or longer, or registration as a voter in a municipal, county, district, state, or national election in a voting precinct outside the state is considered as discontinuing residence in the state.
AK Stat § 39.05.200 (2021)
2021 Alaska Statutes|Title 39. Public Officers and Employees|Chapter 05. Qualifications, Appointment, and Tenure|Sec. 39.05.200. Definitions.

In this chapter, (1) “confirmation” means confirmation or approval by the legislature of a name submitted for appointment to a position or membership; (2) “position or membership” means an executive position or membership on a state board, commission, authority, council, or committee that by law requires appointment by the governor and confirmation by the legislature.