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2023 Alaska Statutes › Title 34. Property › Chapter 55. Uniform Land Sales Practices Act › Sec. 34.55.042. Exemptions.

(a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land
(1) by a purchaser of subdivided land for the account of the purchaser in a single or isolated transaction;
(2) if fewer than 10 separate lots, parcels, units, or interests in subdivided land located outside this state are offered by a subdivider in a period of 12 months, or if fewer than 50 separate lots, parcels, units, or interests in subdivided land located in this state are offered by a subdivider in a period of 12 months;
(3) on which there is a residential, commercial, or industrial building, or as to which there is a legal obligation on the part of the seller to construct such a building within one year from date of disposition;
(4) to persons who are engaged in the business of construction of buildings for resale, or to persons who acquire an interest in subdivided land for the purpose of engaging, and do engage in the business of construction of buildings for resale;
(5) under court order;
(6) by a government or government agency;
(7) as cemetery lots or interest;
(8) if the land is located in this state and is registered or exempt from registration under the provisions of the federal Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 - 1720).
(b) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the provisions of this chapter do not apply to
(1) offers or dispositions of evidences of indebtedness secured by a mortgage or deed of trust of real estate;
(2) offers or dispositions of securities or units of interest issued by a real estate investment trust regulated under a state or federal statute;
(3) offers or dispositions of securities currently registered with the department; and
(4) offers or disposition of an interest in oil, gas, or other minerals or a royalty interest therein if the offers or dispositions of the interests are regulated as securities by the department or by the United States.
2023 Alaska Statutes › Title 34. Property › Chapter 55. Uniform Land Sales Practices Act › Sec. 34.55.044. Definitions.

In this chapter, unless the context otherwise requires,
(1) “department” means Department of Commerce, Community, and Economic Development;
(2) “disposition” includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit;
(3) “offer” includes every inducement, solicitation, or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit;
(4) “person” means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of them having a joint or common interest, or any other legal or commercial entity;
(5) “purchaser” means a person who acquires or attempts to acquire or succeeds to an interest in land;
(6) “subdivider” means an owner of subdivided land who offers it for disposition or the principal agent of an inactive owner;
(7) “subdivision” and “subdivided land” mean land that is divided or is proposed to be divided for the purpose of disposition into two or more lots, parcels, units, or interests and also includes any land whether contiguous or not if two or more lots, parcels, units, or interests are offered as a part of a common promotional plan of advertising and sale; if the land is contiguous or is known, designated, or advertised as a common unit or by a common name, the land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for disposition as part of a common promotional plan.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.010. Purpose.

The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of federally assisted public construction and improvement projects and programs in order that the displaced persons will not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.020. State agencies to establish program.

State agencies shall establish and provide the means for implementing a program providing fair and reasonable relocation and other payment for persons displaced as a result of federally assisted activities undertaken by state agencies, to carry out relocation assistance programs for persons displaced, and to provide payments to persons as a result of acquisition of real property for activities of state agencies.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.030. Administration of program.

In order to prevent unnecessary expenses and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, state agencies may enter into contracts with any individual, firm, association, or corporation for services in connection with relocation assistance programs, or may carry out its functions under this chapter through any federal or state governmental agency or instrumentality having an established organization for conducting relocation assistance programs.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.040. Relocation payments.

(a) When the acquisition of real property for a federally assisted program or project undertaken by a state agency will result in the displacement of a person, the state agency responsible for the program or project shall make payment to the displaced person, upon proper application as approved by the state agency, for
(1) actual reasonable expenses in moving a person, the person's family, business, farm operation, or other personal property;
(2) actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property as determined by the state agency; and
(3) actual reasonable expenses in searching for a replacement business or farm.
(b) A displaced person eligible for payments under (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in place of payments authorized by (a) of this section may receive a moving expense allowance, determined according to a schedule established by the state agency.
(c) A displaced person eligible for payments under (a) of this section who is displaced from a place of business or from a farm operation and who elects to accept the payment authorized by this subsection in place of the payment authorized by (a) of this section may receive a fixed payment, in an amount determined by the state agency, subject to the payment amount limitations under 42 U.S.C. 4622(c), as amended. A person whose sole business at the real property acquired is the rental of the property to others does not qualify for payment under this subsection.
(d) In addition to the moving expenses allowed under this section, a displaced farm or business may receive a payment, not to exceed the amount described in 42 U.S.C. 4622(a)(4), as amended, for the actual reasonable expenses necessary to reestablish the operation at a new site.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.050. Replacement housing for homeowners.

(a) In addition to payments otherwise authorized by this chapter, the state agency shall make an additional payment, not to exceed the amount described in 42 U.S.C. 4623(a)(1), as amended, to a displaced person who is displaced from a dwelling actually owned and occupied by the person for not less than 90 days before the initiation of negotiations for the acquisition of the property. This additional payment must include the following elements:
(1) the amount, if any, that, when added to the acquisition cost of the dwelling acquired by the state agency, equals the reasonable cost of a comparable replacement dwelling that is a decent, safe, and sanitary dwelling adequate to accommodate the displaced person, is reasonably accessible to public services and places of employment, and is available on the private market; all determinations required to carry out this paragraph shall be made in accordance with standards established by the state agency making the additional payment;
(2) the amount, if any, that will compensate the displaced person for any increased interest costs that the displaced person is required to pay for financing the acquisition of the comparable replacement dwelling; this amount may be paid only if the dwelling acquired by the state agency was encumbered by a bona fide mortgage that was a valid lien on the dwelling for not less than 90 days before the initiation of negotiations for the acquisition of the dwelling; and
(3) reasonable expenses incurred by the displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by (a) of this section may be made only to a displaced person who purchases and occupies a replacement dwelling that is decent, safe, and sanitary not later than the end of the one year period beginning on the date on which the person receives from the state agency final payment of all costs of the acquired dwelling, or the date on which the person moves from the acquired dwelling, whichever is the later date.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.060. Replacement housing for tenants and others.

In addition to amounts otherwise authorized by this chapter, the state agency shall make a payment to or for a displaced person displaced from a dwelling, who is not eligible to receive a payment under AS 34.60.050, if the dwelling was actually and lawfully occupied by the displaced person for not less than 90 days before the initiation of negotiations for acquisition of the dwelling. The payment must be either
(1) the amount necessary to enable the displaced person to lease or rent for a period not to exceed three years and six months, a decent, safe, and sanitary dwelling of standards adequate to accommodate the displaced person in areas not generally less desirable in regard to public utilities and public and commercial facilities, and reasonably accessible to the person's place of employment, but not to exceed the amount described in 42 U.S.C. 4624(a), as amended; or
(2) the amount necessary to enable the displaced person to make a down payment, including incidental expenses described in AS 34.60.050(a)(3), on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate the displaced person in areas not generally less desirable in regard to public utilities and public and commercial facilities, but not to exceed the amount described in 42 U.S.C. 4624(a), as amended.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.070. Expenses incidental to transfer of property.

The state agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the department considers fair and reasonable, for expenses necessarily incurred for
(1) recording fees, transfer taxes, and similar expenses incidental to conveying the real property to the state agency;
(2) penalty costs for prepayment of a preexisting recorded mortgage entered into in good faith encumbering the real property, if the mortgage was a valid lien on the property for not less than 180 days before the initiation of negotiations for the acquisition of the property; and
(3) the pro rata portion of real property taxes paid that are allocable to a period subsequent to the date of vesting title in the state, or the effective date of possession of the real property by the state agency, whichever is the earlier.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.080. Litigation expenses.

(a) The state court having jurisdiction of a proceeding instituted by the state agency to acquire real property by condemnation shall award the owner of any right to, or title to, or interest in, the real property a sum that will in the opinion of the court reimburse the owner for reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if
(1) the final judgment is that the state agency cannot acquire the real property by condemnation; or
(2) the proceeding is abandoned by the state agency.
(b) An award made under (a) of this section shall be paid by the state agency for whose benefit the condemnation proceedings were instituted.
(c) The court rendering a judgment for the plaintiff in a proceeding brought against a state agency, awarding compensation for the taking of property by the state agency, or the attorney for the state agency effecting a settlement of any such proceeding, shall determine and award or allow to the plaintiff, as a part of the judgment or settlement, a sum which will in the opinion of the court or the attorney for the state agency reimburse the plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the proceeding.
(d) If an inconsistency occurs between the provisions of this section and the Alaska Rules of Civil Procedure, the provisions of the Rules of Civil Procedure govern.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.090. Relocation services.

(a) When the acquisition of real property for a program or project undertaken by a state agency for a federally assisted program or project undertaken by the state agency will result in the displacement of a person on or after January 2, 1971, the state agency shall provide a relocation assistance advisory program for displaced persons which offers the services described in (c) of this section. If the state agency determines that a person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer the occupant relocation advisory services under the program.
(b) State agencies administering programs which may be of assistance to displaced persons covered by this chapter shall cooperate to the maximum extent feasible with the state agency causing the displacement to assure that the displaced persons receive the maximum assistance available to them.
(c) Each relocation assistance advisory program required by (a) of this section must include measures, facilities, or services necessary or appropriate in order to
(1) determine the need, if any, of displaced persons, for relocation assistance;
(2) provide current and continuing information on availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses;
(3) assure that, within a reasonable time before displacement, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced decent, safe, and sanitary dwellings, as defined by the state agency, equal in number to the number of and available to the displaced persons who require the dwellings and reasonably accessible to their places of employment except that the state agency may prescribe by regulation situations in which these assurances may be waived;
(4) assist a person displaced from the person's business or farm operation in obtaining and becoming established in a suitable replacement location;
(5) supply information concerning federal and state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in order to minimize hardships in adjusting to relocation.
(d) The state agency shall coordinate relocation activities with project work, and other planned or proposed governmental actions in the community or nearby areas that may affect the carrying out of relocation assistance programs.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.110. Nontaxation of payments.

A payment received by a displaced person under this chapter is not income for the purposes of the state or federal income tax, personal or corporate. The payments are not income or resources to a recipient of public assistance and the payments may not be deducted from the amount of aid to which the recipient would otherwise be entitled.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.130. Uniform acquisition policy for improvements.

(a) Notwithstanding any other provision of law, if a state agency acquires any interest in real property, the state agency must acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property which the state agency requires to be removed from the real property or which the state agency determines will be adversely affected by the use to which the real property will be put.
(b) For the purpose of determining just compensation to be paid for a building, structure, or other improvement required to be acquired under (a) of this section, the building, structure, or other improvement is considered to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure, or improvement at the expiration of the tenant's term, and the fair market value which the building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of the building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant.
(c) Payment for the buildings, structures, or improvements under this section may not result in duplication of payments otherwise authorized by law. A payment for buildings, structures, or improvements may not be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the state agency all right, title, and interest in and to the improvements. Nothing in this subsection and in (b) of this section deprives the tenant of any rights to reject payment and to obtain payment for the property interests in accordance with other laws of the state.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.135. Planning loans for additional housing.

In addition to the other programs authorized by this chapter, the Alaska Housing Finance Corporation may make loans in order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons. These loans are a part of the federally assisted project cost and may be made to nonprofit, limited dividend, or cooperative organizations, or to public bodies. The loans may be made only for necessary and reasonable expenses, before construction, for planning and obtaining federally insured mortgage financing for the rehabilitation or construction of housing for displaced persons. The loans may not exceed 80 percent of the reasonable costs expected to be incurred in planning, and in obtaining financing for housing for displaced persons. Reasonable costs include but are not limited to costs for preliminary surveys and analysis of market needs, preliminary architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts. Loans to an organization established for profit shall bear interest at a market rate established by the Alaska Housing Finance Corporation. All other loans shall be without interest. The Alaska Housing Finance Corporation shall require repayment of loans made under this section under terms and conditions that it may prescribe. Repayment shall be made upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, the Alaska Housing Finance Corporation may cancel any part or all of a loan if the corporation determines that a permanent loan to finance the rehabilitation or construction of the housing cannot be obtained in an amount adequate for repayment of the loan.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.137. Housing replacement assistance as last resort.

If a federal aided program or project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the state agency determines that housing cannot otherwise be made available, the agency may take, or may request the Alaska Housing Finance Corporation to take, action necessary or appropriate to provide the housing either by use of funds authorized for the project or by use of money available to the corporation.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.140. Regulations.

State agencies are authorized to adopt regulations to implement this chapter. These regulations must include provisions relating to
(1) a moving expense allowance for displaced persons who move from a dwelling, determined according to a schedule;
(2) procedures for an aggrieved person to have a determination of eligibility or amount of payment reviewed by the state agency;
(3) eligibility of a displaced person for relocation assistance payment, the procedure for displaced persons to claim the payments, amount of the payments; and
(4) other regulations necessary to implement the provisions of this chapter.
2023 Alaska Statutes › Title 34. Property › Chapter 60. Relocation Assistance and Real Property Acquisition Practices › Sec. 34.60.150. Definitions.

In this chapter,
(1) “business” means any lawful activity, excepting a farm operation, conducted primarily
(A) for the purchase, sale, lease, and rental of personal and real property, and manufacture, processing, or marketing of products, commodities, or other personal property;
(B) for the sale of services to the public;
(C) by a nonprofit organization; or
(D) for assisting, solely for the purpose of AS 34.60.040(a), in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the premises on which any of the above activities are conducted;
(2) “displaced person” means any person who moves from real property, or moves personal property from real property, as a result of the acquisition of the real property, in whole or in part, or as a result of the written order of the state agency to vacate real property, for a program or project undertaken by the state agency, and solely for the purpose of AS 34.60.040(a) and 34.60.090, as a result of the acquisition of, or as a result of the written order of a state agency to vacate other real property on which the person conducts a business or farm operation for the program or project;
(3) “farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing these products or commodities in sufficient quantity to be capable of contributing materially to the operator's support;
(4) “mortgage” means those classes of liens commonly given to secure advances on, or the unpaid purchase price of, real property, under the law of the state in which the real property is located, together with the credit instruments, if any, secured by the property;
(5) “person” means an individual, partnership, corporation, or association;
(6) “state agency” means a department, agency, instrumentality, corporate authority of the state, or a political subdivision of the state, or a department, agency, instrumentality, or authority of two or more political subdivisions of the state participating in federally assisted programs.
2023 Alaska Statutes › Title 34. Property › Chapter 65. Land Surveys › Sec. 34.65.020. Entry upon land for survey purposes.

(a) A land surveyor or an employee of a land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, to determine geodetic positions, and to make surveys and maps.
(b) The land surveyor shall give reasonable notice to the owner or occupant of the land of an intent to enter private land for survey purposes. The notice must indicate the anticipated date of the entry for survey purposes.
(c) Notice under (b) of this section is not required for a survey along previously surveyed boundaries within a platted subdivision accepted or recorded by the federal government or approved under AS 29.40.110 or 40.15.010.
(d) A land surveyor or an employee of a land surveyor who complies with the notice requirements of (b) of this section is liable to the landowner only for actual damages.
(e) The attorney general may bring an action in the name of the state to restrain and prevent the obstruction of entry under (a) of this section.
2023 Alaska Statutes › Title 34. Property › Chapter 65. Land Surveys › Sec. 34.65.030. Records of survey.

After making a survey in conformity with the practice and definition of land surveying, a land surveyor shall record with the district recorder a record of the survey within 90 days if the survey discloses
(1) material evidence or physical change that in whole or in part does not appear on a plat of record previously filed or recorded in the office of the district recorder or in the records of the Bureau of Land Management;
(2) a material discrepancy with a plat of record previously filed or recorded in the office of the district recorder or in the records of the Bureau of Land Management; or
(3) evidence that by reasonable analysis might result in alternate positions of boundaries from those of record.
2023 Alaska Statutes › Title 34. Property › Chapter 65. Land Surveys › Sec. 34.65.040. Records of monument.

(a) A land surveyor who in the course of a survey establishes, reestablishes, uses as control, or restores a monument to make it readily identifiable or reasonably durable shall record a monument record, unless the monument and its accessories are substantially as described in a monument record filed or recorded under this chapter or on a survey plat of record.
(b) An agency whose activities will disturb or destroy a monument or its accessories shall have a land surveyor
(1) record a monument record before the monument or its accessories are disturbed or destroyed;
(2) restore or replace the monument and its accessories after the activities have ceased; and
(3) record a new monument record after restoring or replacing the monument or its accessories.
(c) A person who disturbs or destroys a monument shall record a notice of the disturbance or destruction in the office of the district recorder.
(d) A land surveyor may record a monument record for any monument.
(e) A land surveyor who is required to record a monument record under this section shall do so within 90 days of the completion of the survey or of the establishment, reestablishment, or rehabilitation of a monument.
(f) A monument record shall be signed and sealed by the land surveyor responsible for the survey.
2023 Alaska Statutes › Title 34. Property › Chapter 65. Land Surveys › Sec. 34.65.070. Duties of the district recorder.

(a) The district recorder shall provide a copy of a monument record or a copy of a record of survey to the municipal clerk for the municipality in which the monument or survey is located.
(b) The district recorder shall keep a proper index of monument records and records of survey by the survey name, tract designation, subdivision designation, or United States public land designation.
2023 Alaska Statutes › Title 34. Property › Chapter 65. Land Surveys › Sec. 34.65.100. Definitions.

In this chapter,
(1) “commissioner” means the commissioner of natural resources;
(2) “land surveyor” means a professional land surveyor licensed under AS 08.48;
(3) “monument” means
(A) a United States public land survey monument;
(B) an Alaska state land survey primary monument;
(C) an exterior primary monument controlling a recorded survey;
(D) a geodetic control monument established by a state or federal agency;
(4) “subdivision” has the meaning given in AS 40.15.900;
(5) “United States public land survey monument”
(A) means a survey monument established in a cadastral survey by the Bureau of Land Management or its predecessor;
(B) includes a monument in a United States special survey and United States mineral survey that is a part of the public land records of the Bureau of Land Management.
2023 Alaska Statutes › Title 34. Property › Chapter 70. Disclosures in Residential Real Property Transfers › Sec. 34.70.010. Disclosures in residential real property transfers.

Before the transferee of an interest in residential real property makes a written offer, the transferor shall deliver by mail or in person a completed written disclosure statement in the form established under AS 34.70.050. Delivery to the spouse of the transferee constitutes delivery to the transferee unless the transferor and the transferee agree otherwise before the delivery.
2023 Alaska Statutes › Title 34. Property › Chapter 70. Disclosures in Residential Real Property Transfers › Sec. 34.70.020. Termination of offer.

If a disclosure statement or material amendment is delivered to the transferee after the transferee has made a written offer, the transferee may terminate the offer by delivering a written notice of termination to the transferor or the transferor's agent within three days after the disclosure statement or amendment is delivered in person or within six days after the disclosure statement or amendment is delivered by deposit in the mail.
2023 Alaska Statutes › Title 34. Property › Chapter 70. Disclosures in Residential Real Property Transfers › Sec. 34.70.040. Subsequent events and approximations.

(a) If information in a disclosure statement becomes inaccurate as a result of an act or agreement after the disclosure statement is delivered to the transferee, the resulting inaccuracy does not violate this chapter and the transferor is required to deliver an amendment for the disclosure statement to the transferee.
(b) If an item that is required in the disclosure statement is unknown or is unavailable to the transferor, and if the transferor or the transferor's agent has made a reasonable effort to ascertain the information, the transferor may insert an approximation of the information. The approximation must be reasonable, clearly identified as an approximation, based on the best information available to the transferor or the transferor's agent, and not used to avoid the requirements of this chapter.
2023 Alaska Statutes › Title 34. Property › Chapter 70. Disclosures in Residential Real Property Transfers › Sec. 34.70.050. Form of disclosure statement.

The Real Estate Commission established under AS 08.88.011 shall establish the form of the disclosure statement required by AS 34.70.010. The disclosure statement must include a provision that notifies transferees
(1) that they are responsible for determining whether a person who has been convicted of a sex offense resides in the vicinity of the property that is the subject of the transferee's potential real estate transaction;
(2) where information about the location of convicted sex offenders can be obtained; and
(3) that they are responsible for determining whether, in the vicinity of the property that is the subject of the transferee's potential real estate transaction, there is an agricultural facility or agricultural operation that might produce odor, fumes, dust, blowing snow, smoke, burning, vibrations, noise, insects, rodents, the operation of machinery including aircraft, and other inconveniences or discomforts as a result of lawful agricultural operations.
2023 Alaska Statutes › Title 34. Property › Chapter 70. Disclosures in Residential Real Property Transfers › Sec. 34.70.090. Failure to comply.

(a) A transfer that is subject to this chapter is not invalidated solely because a person fails to comply with this chapter.
(b) A person who negligently violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for the amount of the actual damages suffered by the transferee as a result of the violation or failure.
(c) A person who wilfully violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for up to three times the actual damages suffered by the transferee as a result of the violation or failure.
(d) In addition to the damages allowed under (b) or (c) of this section, a court may also award the transferee costs and attorney fees to the extent allowed under the rules of court.
2023 Alaska Statutes › Title 34. Property › Chapter 70. Disclosures in Residential Real Property Transfers › Sec. 34.70.200. Definitions.

In this chapter,
(1) “disclosure statement” means the disclosure statement required by AS 34.70.010;
(2) “real property” includes a unit in real property subject to AS 34.07 or AS 34.08;
(3) “residential real property” means real property whose primary purpose is to provide a single-family dwelling, or two single-family dwellings in one building, including a manufactured home that has become real property under AS 34.85.010; in this paragraph, “manufactured home” has the meaning given in AS 45.29.102;
(4) “transfer” means transfers by sale, exchange, installment land sale contract, lease with an option to purchase, other option to purchase, or a ground lease coupled with improvements.
2023 Alaska Statutes › Title 34. Property › Chapter 75. Noise Levels of Sport Shooting Facilities and Private Airport Facilities › Sec. 34.75.010. Limitation on actions arising from noise level.

(a) Notwithstanding AS 09.45.230, AS 11.61.110, and any other state or municipal law, except (b) of this section and except as may be otherwise provided by federal law, a person may not bring a civil or criminal action against a person who operates or uses a sport shooting facility or a private airport facility if the action arises out of the noise level resulting from the normal operation or use of the facility and if the facility
(1) was established or began operation before any noise control law applied to the facility; or
(2) complies with the noise control laws that applied to the facility when the facility was established or began operation.
(b) The prohibition in (a) of this section does not apply to an action that arises out of
(1) a contract;
(2) a personal injury suffered by a person while on the premises of the facility; or
(3) a substantial change in the use of the facility.
(c) Except as may be otherwise provided by federal law, even if otherwise allowed by (a) and (b) of this section, a person may not bring a nuisance action for noise level against a facility located in the vicinity of the person's property if the facility was established before the person acquired the property, unless the facility substantially changes the use of the facility after the person acquires the property.
2023 Alaska Statutes › Title 34. Property › Chapter 75. Noise Levels of Sport Shooting Facilities and Private Airport Facilities › Sec. 34.75.020. Time limitation on nuisance actions.

Except as may otherwise be provided by federal law, a person may not bring a nuisance action otherwise allowed under this chapter for the level of noise against a facility unless the action is brought within five years after the facility is established or begins operation or, if the action is brought after a substantial change in the use of the facility, within three years after the substantial change. In this section, “established” includes resuming shooting activity at a sport shooting facility if there has not been shooting activity at the facility for three or more years, or resuming airport activity at a private airport facility if there has not been airport activity at the facility for three or more years.
2023 Alaska Statutes › Title 34. Property › Chapter 75. Noise Levels of Sport Shooting Facilities and Private Airport Facilities › Sec. 34.75.030. State and municipal regulation.

(a) Notwithstanding AS 02.15.020 and AS 02.25.020, the state or a municipality may not regulate the outdoor level of noise at a facility if the facility is exempt from a criminal or civil action under AS 34.75.010(a).
(b) Except as otherwise provided in this chapter, a municipality may regulate the noise level produced by a facility.
2023 Alaska Statutes › Title 34. Property › Chapter 75. Noise Levels of Sport Shooting Facilities and Private Airport Facilities › Sec. 34.75.040. Construction and meaning of “substantial change in the use”.

In this chapter, the phrase “substantial change in the use” shall be strictly construed to maximize the immunity from civil and criminal actions provided under AS 34.75.010 - AS 34.75.020 for sport shooting facilities and private airport facilities.
In this chapter, “substantial change in the use” does not include a mere increase in the frequency of flights or the number of shots.
2023 Alaska Statutes › Title 34. Property › Chapter 75. Noise Levels of Sport Shooting Facilities and Private Airport Facilities › Sec. 34.75.090. Definitions.

In this chapter, unless the context indicates otherwise,
(1) “airport facility” means an area of land or water that is used or intended for use for the landing and takeoff of aircraft, including appurtenant areas that are used or intended for use as airport buildings or rights-of-way; in this paragraph, “aircraft” includes fixed-wing and rotor aircraft;
(2) “facility” means a sport shooting facility or a private airport facility;
(3) “law” means a state statute or regulation or an ordinance of a municipality;
(4) “person” includes the state, a state agency, and a municipality;
(5) “private” means an airport that is privately owned and operated; airports owned, operated, or leased by the state, a municipality, or a political subdivision of the state or a local government are considered public airports;
(6) “sport shooting facility” means real property operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or similar activity related to sport shooting.
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.040. Management and control of property of spouses.

(a) A spouse acting alone may manage and control
(1) that spouse's property that is not community property;
(2) except as provided in (c) of this section, community property held in that spouse's name alone or not held in the name of either spouse;
(3) a policy of insurance if that spouse is designated as the owner on the records of the issuer of the policy;
(4) the rights of an employee under an arrangement for deferred employment benefits that accrue as a result of that spouse's employment;
(5) a claim for relief vested in that spouse by other law;
(6) community property held in the names of both spouses in the alternative, including using the names of both spouses with the word “or.”
(b) Spouses may not manage and control community property held in the names of both spouses other than in the alternative unless they act together.
(c) The right to manage and control community property that is transferred to a trust, including property that is community property under the trust, is determined by the terms of the trust.
(d) The right to manage and control community property does not determine the classification of property of the spouses and does not rebut the presumption of AS 34.77.030(b).
(e) The right to manage and control community property does not permit gifts of the property, except to the extent provided in AS 34.77.050.
(f) Except to the extent otherwise expressly provided in a community property agreement or a community property trust, the right to manage and control the property of spouses is not affected by this chapter if the property is acquired before the determination date.
(g) A court may appoint a conservator or guardian to exercise a disabled spouse's right to manage and control community property.
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.050. Gifts of community property to third persons.

(a) A spouse acting alone may not give to a third person community property that the spouse has the right to manage and control unless the value of the community property given to the third person does not aggregate more than $1,000 in a calendar year, or a larger amount if, when made, the gift is reasonable in amount considering the economic position of the spouses.
(b) A gift of community property to a third person that is not allowed under (a) of this section is subject to AS 34.77.140(e) - (h) unless both spouses act together in making the gift or the other spouse ratifies the gift.
(c) Reporting any part of a gift made by the other spouse on a United States gift tax return under 26 U.S.C. 2501 - 2524 or consenting to the treatment of a gift under 26 U.S.C. 2513 (Internal Revenue Code) by signing the consent on the other spouse's United States gift tax return is treated as the spouses acting together in making the gift.
(d) [Repealed, § 46 ch 45 SLA 2013.]
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.060. Certain property transactions between spouses.

(a) While both spouses are domiciled in this state, spouses may classify any or all of their property as community property in a community property agreement.
(b) Whether or not both, one, or neither is domiciled in this state, spouses may classify any or all of their property as community property by transferring property to a community property trust and providing in the trust that the property is community property.
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.070. Obligations of spouses.

(a) [Repealed, § 6 ch 80 SLA 2001.]
(b) After the determination date, a spouse's obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from community property and the other property of the obligated spouse that is not community property.
(c) [Repealed, § 6 ch 80 SLA 2001.]
(d) [Repealed, § 6 ch 80 SLA 2001.]
(e) [Repealed, § 6 ch 80 SLA 2001.]
(f) This chapter does not alter the relationship between spouses and their creditors with respect to property or an obligation in existence before the determination date.
(g) A writing that is signed by a creditor and that reduces a creditor's rights under this section is binding on the creditor.
(h) A provision of a community property agreement or a community property trust does not adversely affect the interest of a creditor unless the creditor has actual knowledge of the provision when the obligation to the creditor is incurred. The effect of this subsection may not be varied by a community property agreement or a community property trust.
(i) This chapter does not affect an exemption provided under other law for the property of spouses.
(j) An obligation incurred by only one spouse before or during marriage may be satisfied only from the property of that spouse that is not community property and from that spouse's interest in community property. This subsection does not apply to an obligation described in (b) of this section.
(k) An obligation incurred during marriage by both spouses may be satisfied from property of each spouse that is not community property and from the community property.
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.080. Protection of bona fide purchasers dealing with spouses.

(a) Notice of the existence of a community property agreement, a community property trust, a marriage, or the termination of a marriage does not affect the status of a purchaser as a bona fide purchaser.
(b) Community property purchased by a bona fide purchaser from a spouse having the right to manage and control the property under AS 34.77.040 is acquired free of any claim of the other spouse. The effect of this subsection may not be varied by a community property agreement or a community property trust.
(c) In this section,
(1) “bona fide purchaser” means a purchaser of property for value who has not knowingly been a party to fraud or illegality affecting the interest of the spouses or other parties to the transaction, does not have notice of an adverse claim by a spouse, and has acted in the transaction in good faith; in this paragraph, a purchaser gives “value” for property if the property is acquired
(A) in return for a binding commitment to extend credit;
(B) as security for or in total or partial satisfaction of a preexisting claim;
(C) by accepting delivery under a preexisting contract for purchase; or
(D) in return for other consideration sufficient to support a contract;
(2) “purchaser” means a person who acquires property by sale, lease, discount, negotiation, mortgage, pledge, or lien, or otherwise deals with property in a voluntary transaction other than making a gift.
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.130. Mixed property.

(a) Except as provided otherwise in AS 34.77.110, mixing community property with property having another classification reclassifies the other property as community property unless the component of the mixed property that is not community property can be traced.
(b) If a community property agreement provides that all property acquired by either or both spouses during marriage is community property, application by one spouse of substantial labor, effort, inventiveness, physical skill, intellectual skill, creativity, or managerial activity on individual property of the other spouse creates community property attributable to the application if
(1) reasonable compensation is not received for the application; and
(2) substantial appreciation of the individual property of the other spouse results from the application.
2023 Alaska Statutes › Title 34. Property › Chapter 77. Community Property Act › Sec. 34.77.150. Treatment of certain property at death of spouse.

If a community property agreement provides that all property acquired by either or both spouses during marriage is community property, at the death of a spouse domiciled in this state, property of the spouse that can be traced to property received by the spouse after the determination date as a recovery for a loss of earning capacity during marriage shall be treated as if it were community property.