reglab/housing_qa huggingface dataset:
AK Stat § 38.05.550 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 14. Material Sales.|Sec. 38.05.550. Disposal of materials.

(a) All materials owned by the state may be sold or conveyed as provided in AS 38.05.550 - 38.05.565. (b) Materials may only be sold or removed from sources or sites designated by the department. The department shall issue a decision under AS 38.05.035(e) that the sale and extraction of materials from that location is in the best interests of the state at the time each source or site is designated. The department shall give notice, in accordance with AS 38.05.945, of the department's decision to designate a source or site for the sale and extraction of materials. After decision and notice, the department may sell materials continuously, without further finding or notice, from that designated source or site under this section until the source or site is closed by the department. (c) Each sale of materials must be made through a materials sales contract on a form that has been approved by the attorney general. At the time of each sale, the department shall determine (1) the location of the source or site from which materials are to be removed; (2) the method of disposal as provided in AS 38.05.555 - 38.05.565; and (3) the limitations, conditions, and terms of sale, which shall address the utilization, development, and maintenance of the source of the materials. (d) The commissioner shall provide for valuation of materials in or upon state land. Materials sold or conveyed under AS 38.05.550 - 38.05.565 may, at the director's discretion, be sold at (1) representative regional sales prices periodically determined by the commissioner for each type of material and for defined geographic regions, under procedures established by regulation; public notice under AS 38.05.945 must be made whenever the commissioner revises the representative regional sales prices; (2) fair market value determined by appraisal completed and approved within two years of the date of sale; or (3) a price less than appraised value, determined under AS 38.05.810(a).
AK Stat § 38.05.555 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 14. Material Sales.|Sec. 38.05.555. Negotiated sales and personal use of materials.

(a) Notwithstanding any other provision of AS 38.05.550 - 38.05.565, the director may negotiate the sale of any amount of materials from a source or site designated under AS 38.05.550(b). The period of a contract for a sale of materials negotiated under this section may not exceed five years. (b) Sales of materials under this section must be made at a representative regional sales price set by the commissioner under AS 38.05.550(d)(1) unless (1) the director determines that it is in the best interests of the state to sell the materials at fair market value determined by an appraisal provided by the department; (2) the applicant, at its own cost, elects to provide an appraisal, acceptable to the department, determining the fair market value of the materials to be sold; or (3) the sale is to a state or federal agency or political subdivision under AS 38.05.810(a) and the material to be extracted and removed is used for public purposes; sales under this paragraph may be at a price less than appraised value as determined by the director. (c) Subsequent sales of similar materials from the same source or site may be made by the department at the price established by an appraisal provided under (b) of this section. (d) Individual negotiated contracts for the sale of materials authorized by (a) of this section are not subject to AS 38.05.035(e) or 38.05.945. (e) Materials from a source or site designated under AS 38.05.550(b) may be extracted and removed for personal use without cost up to a limit of two cubic yards a person within a one-calendar-year period. Extraction and removal of materials under this subsection must be approved by the department before extraction operations. (f) Notwithstanding (a) - (e) of this section, for the purpose of creating incentives for the development of peat as a source of heat or power, the director may negotiate the sale of peat to individuals, organized or unorganized communities, tribal governments, or private profit or nonprofit organizations. Under this subsection, the director may provide (1) for personal use by an individual, not more than 200 cubic yards of peat a year at no cost; (2) for commercial use, not more than 30,000 cubic yards of peat during a single 10-year period at no cost; or (3) for commercial use requiring more than 30,000 cubic yards of peat, the amount required by the user during a 10-year period beginning when the user uses more than 30,000 yards of peat at the price of (A) 20 percent of the representative regional sales price determined by the director under AS 38.05.550(d)(1); or (B) 20 percent of the fair market value determined by an appraisal completed under AS 38.05.550(d)(2), if the applicant provides the appraisal at the applicant's expense and the appraisal is approved by the commissioner.
AK Stat § 38.05.560 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 14. Material Sales.|Sec. 38.05.560. Competitive sales of materials.

(a) The department shall offer materials from a source or site designated under AS 38.05.550(b) for competitive sale if the department determines that (1) the sale would result in an exclusive use by the purchaser of a designated source or site; (2) materials available at a designated source or site are insufficient to supply all anticipated buyers; (3) the size of the designated source or site is too small to accommodate the extraction operations of all anticipated buyers; or (4) it is in the best interests of the state. (b) Notice of a competitive sale of materials from a source or site designated under AS 38.05.550(b) shall be given under AS 38.05.945(a)(4) and shall (1) describe the location of the designated source or site, and the type and quantity of the materials to be sold; (2) solicit potential bidders to register with the department to participate in the proposed sale; only persons registered to bid at a proposed sale of materials may bid; and (3) include the minimum bid for materials to be sold. (c) A notice of competitive sale required under (b) of this section may be combined with a notice required under AS 38.05.550. (d) If, after notice under (b) of this section, only one potential bidder has registered to bid at a proposed competitive sale, the competitive sale may be cancelled and the materials sold by negotiation under AS 38.05.555. (e) Materials sold under this section may be sold either by sealed bid or by public outcry or online auction, in the discretion of the department, to the highest qualified bidder as determined by the department. An aggrieved bidder may appeal to the commissioner under AS 44.37.011 within five days after the sale for a review of the determination. The sale shall be conducted by the director or the director's designee, and, at the time of sale, the successful bidder shall deposit the amount specified in the terms of sale. The means by which the amount of deposit is determined shall be prescribed by regulation. The director shall immediately issue a receipt containing a description of the materials purchased, the price bid, and the terms of sale. The receipt shall be accepted in writing by the bidder. A contract of sale, on a form approved by the attorney general, shall be signed by the purchaser, and the contract shall be signed by the director on behalf of the state. The director may impose conditions, limitations, and terms considered necessary and proper to protect the interests of the state.
AK Stat § 38.05.562 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 14. Material Sales.|Sec. 38.05.562. Violations.

Violation of any provision of AS 38.05.550 - 38.05.565 or the terms of the contract of sale subjects the purchaser to appropriate legal action.
AK Stat § 38.05.565 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 14. Material Sales.|Sec. 38.05.565. Sale or disposal of materials for special purposes.

(a) The department may negotiate the sale or otherwise dispose of materials from sources or sites other than those designated under AS 38.05.550(b) to (1) municipalities, other state and federal agencies, or other entities under AS 38.05.872; sales under this paragraph may be at less than fair market value, and materials may be disposed of free of charge if the director determines that the disposal is in the public interest; (2) a licensed public utility or a licensed common carrier under AS 38.05.810(e); sales under this paragraph shall be at representative regional sales prices determined under AS 38.05.550(d)(1); or (3) a holder of a permit, land lease, or right-of-way issued by the department, if the materials to be extracted and removed during the construction, use, or maintenance of a facility authorized by a permit, land lease, or right-of-way, are necessary and incidental to the primary purpose of the permit, land lease, or right-of-way, and the materials are put to beneficial use in a way that alters the character, usefulness, or availability of the materials in their native forms; the department may authorize the sale of materials under terms of the permit, land lease, or right-of-way; sales of materials under this paragraph must be at (A) the representative regional sales price established under AS 38.05.550(d)(1) unless the sale is to a state or federal agency, political subdivision, or other entity under AS 38.05.810(a); or (B) a price less than appraised value as determined by the director if the sale is to a state or federal agency, political subdivision, or other entity under AS 38.05.810(a) and the materials to be extracted and removed are used for public purposes. (b) If materials are moved within and not removed from the boundaries of a permit, land lease, or right-of-way issued by the department without altering the character, usefulness, or availability of the materials in their native forms, the applicant may not be required to purchase the materials. (c) In this section, “land lease” (1) means a lease issued under AS 38.05.070 - 38.05.105; (2) does not include a lease issued under AS 38.05.131 - 38.05.275.
AK Stat § 38.05.600 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 15. Remote Recreational Cabin Site Sales and Leases.|Sec. 38.05.600. Remote recreational cabin sites.

(a) The commissioner may provide for the sale or lease of state land for remote recreational cabin sites. Sales under this section shall be at fair market value determined as of the time of entry, and the purchaser shall reimburse the state for the appraisal, survey, and platting costs for the recreational cabin site. (b) The annual fee for a remote recreational cabin site lease shall be set by the commissioner so as to ensure that the state receives a fair return for the use granted by the lease for the term of the lease. The commissioner shall establish regulations that specify the application procedures for and the terms and conditions of a remote recreational cabin site lease. A lease must be for a term of not more than five years, and may be renewed for one additional five-year period. At any time during the lease, the lessee may purchase the remote recreational cabin site by having the site appraised and surveyed in a manner acceptable to the department and by paying to the state the fair market value for the site determined as of the time of entry. The lease may not be assigned by the original lessee during the term of the lease. (c) A remote recreational cabin site lease may be terminated by the commissioner before the expiration of the term of the lease if a lessee fails to use the land under lease in the manner required by the terms of the lease. After termination of a remote recreational cabin site lease, improvements or personal property on the land subject to the lease shall be managed in the same manner as required by AS 38.05.090.
AK Stat § 38.05.801 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 16. Miscellaneous Provisions.|Sec. 38.05.801. Management of mental health trust land.

(a) Mental health trust land shall be managed consistent with the trust principles imposed on the state by the Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956). (b) Subject to (a) of this section, the department (1) shall manage mental health trust land under those provisions of law applicable to other state land; (2) may exchange other state land for mental health trust land under the procedures set out in AS 38.50; and (3) may correct errors or omissions in the legal descriptions of mental health trust land. (c) The commissioner shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section. The regulations adopted under this subsection must, at a minimum, address (1) maintenance of the trust land base; (2) management for the benefit of the trust; (3) management for long-term sustained yield of products from the land; and (4) management for multiple use of trust land.
AK Stat § 38.05.821 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 16. Miscellaneous Provisions.|Sec. 38.05.821. Tideland seaward of public recreational sites.

(a) Notwithstanding any other provision of law, a home rule or general law municipality that accepts by conveyance or other disposition from the state a public recreation area facility developed under the terms of P.L. 84-507, 70 Stat. 130, upon application, shall receive by conveyance from the director all land owned by the state seaward of the public recreation area facility that is between the mean high tide line and the mean low tide line. The director may adopt necessary regulations providing for the conveyance of land under this section. (b) Interests obtained by lease for shore fisheries development, sale, permit, or lease for mineral exploration, development, or extraction, or for any other purpose, before August 13, 1974, are affected by this section only on the date of their expiration or termination.
AK Stat § 38.05.830 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 16. Miscellaneous Provisions.|Sec. 38.05.830. Land disposal in the unorganized borough.

Before a sale, lease under AS 38.05.070 - 38.05.105, or other disposal of state land in the unorganized borough, the commissioner shall consider the effect that the sale, lease, or other disposal may be expected to have on the density of the population in the vicinity of the land, and potential for conflicts with the traditional uses of the land that could result from the sale, lease, or disposal. If necessary, the commissioner shall develop a plan to resolve or mitigate the conflicts in a manner consistent with the public interest and the provisions of this chapter.
AK Stat § 38.05.840 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 16. Miscellaneous Provisions.|Sec. 38.05.840. Appraisal.

(a) Land may not be sold or leased, or a renewal lease issued, except in the case of an oil or gas or mineral lease, unless it has been appraised within two years before the date fixed for the sale or lease. When land is offered at public sale but is not sold and is available at private sale, a reappraisal is not required unless the director considers that a change in value of the land may have occurred. A grazing lease may be granted to a lessee of federal grazing land without prior appraisal if the federal lease was cancelled to allow the state to select the land under lease. Land may not be sold or leased for less than the approved, appraised market value, except as provided in AS 38.05.055, 38.05.057, 38.05.075 - 38.05.085, 38.05.097, 38.05.810, and 38.05.820. (b) Appraisals required by this section may be made by employees of the department who are qualified to determine the value of land under standards set by the commissioner.
AK Stat § 38.05.850 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 16. Miscellaneous Provisions.|Sec. 38.05.850. Permits.

(a) The director, without the prior approval of the commissioner, may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, telephone or electric transmission and distribution lines, log storage, oil well drilling sites and production facilities for the purposes of recovering minerals from adjacent land under valid lease, and other similar uses or improvements, or revocable, nonexclusive permits for the personal or commercial use or removal of resources that the director has determined to be of limited value. The commissioner, upon recommendation of the director, shall establish a reasonable rate or fee schedule to be charged for these uses, subject to the exception for nonprofit cooperative associations specified in (b) of this section. In the granting, suspension, or revocation of a permit or easement of land, the director shall give preference to that use of the land that will be of greatest economic benefit to the state and the development of its resources. However, first preference shall be granted to the upland owner for the use of a tract of tideland, or tideland and contiguous submerged land, that is seaward of the upland property of the upland owner and that is needed by the upland owner for any of the purposes for which the use may be granted. (b) The fee charged for a right-of-way approved under (a) of this section shall be waived by the commissioner if the right-of-way is for a transmission or distribution line established by a nonprofit cooperative association organized under AS 10.25 for the purpose of supplying electric energy and power, or telephone service, to its members, and the waiver is considered by the commissioner to be in the best interests of the state. (c) If the director determines, by evaluation of the nature and duration of the intended use, that an easement or right-of-way issued under this section will not be functionally revocable, the director shall provide public notice before issuing the easement or right-of-way.
AK Stat § 38.05.860 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 16. Miscellaneous Provisions.|Sec. 38.05.860. Deposits.

(a) The commissioner may require an applicant seeking the sale, lease, or other disposal of land or an interest in land, other than under an oil and gas lease, gas only lease, or mineral lease, to deposit an amount covering the estimated cost of an appraisal, survey, and other costs necessary to offer the land or interest in land, including advertising. All deposited funds not expended shall be refunded to the applicant. If the land or interest in land is awarded to a person other than the applicant making the deposit, the person awarded the land shall pay the total actual cost incurred by the department in making the disposal, and the deposit shall be returned to the original applicant. In lieu of requiring the deposit under this subsection, the commissioner may enter into an agreement with an applicant seeking land or an interest in land requiring the applicant to reimburse the department for costs incurred in the disposal if the applicant is awarded the land or interest in land. (b) Except as provided in (c) of this section, if a competitive sale or lease of state land, minerals, timber, or materials is to be made by sealed bid, the director may require each bidder to submit an earnest money deposit with each bid. If the sale or lease is by public auction, the director may require each person desiring to bid to make an earnest money deposit before bidding. The earnest money deposit of the highest qualified bidder shall be applied toward the sale or lease price. If the successful bidder defaults in the payment of the amount bid, the deposit shall be forfeited to the state. All other earnest money deposits shall be returned unless the commissioner decides to award the contract to the second highest qualified bidder upon default by the highest bidder rather than call for new bids, in which case the commissioner may retain the deposit of the second highest qualified bidder until final disposition of the land is made. A successful bidder for a mineral lease who can prove to the satisfaction of the commissioner within 45 days after notification of the lease award that there is a reasonable doubt as to the ability of the state to grant a valid lease to the land may withdraw the amount bid and have the earnest money deposit returned. (c) The commissioner shall require each bidder for the competitive leasing of land for oil and gas, or for gas only, to submit with each bid a deposit of money equal to 20 percent of the bonus.
AK Stat § 38.05.870 (2021)
2021 Alaska Statutes|Title 38. Public Land|Chapter 05. Alaska Land Act|Article 16. Miscellaneous Provisions.|Sec. 38.05.870. Grants of land after natural disaster.

(a) The director may make grants of state land to persons and municipal corporations to replace land which is rendered unusable by a natural disaster for the purposes for which it was used before the natural disaster. The director shall designate state land which is available to replace land rendered unusable. (b) Only a person who is the owner of land rendered unusable that was used or leased before the natural disaster for private residential, business, or commercial purposes is eligible for a grant of state land. A person who incurred a binding obligation to purchase land before the natural disaster shall be considered the owner of the land for the purposes of this section. (c) An application for a grant of state land shall be filed with the director, and shall contain (1) the name and address of the applicant; (2) a legal description of the land rendered unusable; (3) proof of ownership of the land; and (4) a statement of the purpose for which the land was used before the natural disaster rendered it unusable. (d) The director shall, within 30 days of receipt of the application, approve or disapprove the application. The director's determination of eligibility for a grant of state land is final. Upon approval of the application or as soon thereafter as possible, the director shall specify the land which shall be granted to an eligible applicant. In making the designation the director shall consider the value, size and use of the land rendered unusable as a result of the natural disaster, and shall as nearly as possible grant land of equal size, or value or of equal utility. (e) The applicant shall pay costs, not to exceed the administrative cost of transferring the property and the cost of surveying the land. In addition, the state may require a quitclaim deed to the unusable land in exchange for the grant of state land. (f) In this section “natural disaster” means a flood, drought, fire, storm, earthquake, or other catastrophe which, in the determination of the governor, is or threatens to be of sufficient severity to warrant state assistance to persons and municipal corporations to alleviate damage, suffering, and hardship caused by the catastrophe.