reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 65 - Personal Use Cabin Permits › 11 AAC 65.900 - Definitions

Current through May 31, 2024
As used in this chapter,
(1) "applicant" means an individual or group
				of individuals at least 18 years old who have resided in Alaska not less than
				one year immediately preceding the date of application and does not include an
				organization, association, or corporation;
(2) "authorized agent" means an individual
				who is the designated agent for a group of individuals who are applicants, and
				is one of the applicants;
(3)
				"cabin" means a permanent structure in existence as of August 1, 1984,
				consisting of at least four walls and a roof, and used for eating and sleeping;
				the word includes a separate sanitary device or outhouse, and storage area or
				cache;
(4) "commercial" means an
				action or operation that generates income from the buying, selling, renting,
				bartering, or trading of goods or services relating to use of a
				cabin;
(5) "department" means the
				Department of Natural Resources;
(6) "director" means the director of the
				division of land and water management of the Department of Natural
				Resources;
(7) "shoreland" means
				land belonging to the state, which is covered by nontidal water that is
				navigable under the laws of the United States, and extends up to the ordinary
				high water mark as modified by accretion, erosion, or reliction;
(8) "state" means the State of
				Alaska;
(9) "submerged land" means
				land covered by tidal water between the line of mean low water and seaward to a
				distance of three geographical miles or further as may be properly claimed by
				the state; and
(10) "tideland"
				means land which is periodically covered by tidal water between the elevations
				of mean high and mean low tides.
Authority:
AS
					 38.04.035
AS 38.04.900
AS 38.05.020
AS
					 41.21.020
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 66 - Municipal Grant Land Entitlement Program › Article 1 - Administrative Provisions › 11 AAC 66.020 - Reasonable direct costs (Repealed)

Current through May 31, 2024
Authority:
AS
						38.04.021
AS 38.05.020
AS
						38.05.035
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.002 - Applicability

Current through May 31, 2024
This chapter covers methods of acquiring state land or an
					 interest in state land, except for timber, materials, or
					 minerals.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.050
AS 38.05.070
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.005 - General qualifications

Current through May 31, 2024
(a) In addition to other requirements that
				  may be imposed for a particular method of acquisition, to qualify for the
				  purchase, grant, or lease of state land, an applicant or bidder must be
(1) an individual at least 18 years
				  old;
(2) a partnership organized
				  under AS 32.05 or 32.06, as applicable (Uniform Partnership Act); or
(3) a corporation, limited partnership,
				  limited liability partnership, or limited liability company that is authorized
				  to conduct business under the laws of this state; the following items must be
				  presented at the time that the corporation, limited partnership, limited
				  liability partnership, or limited liability company applies for the land or
				  registers to bid:
(A) proof that the
				  representative of the corporation, limited partnership, limited liability
				  partnership, or limited liability company is authorized to act and sign on
				  behalf of that entity;
(B) proof of
				  valid registration or certification with the Department of Commerce, Community,
				  and Economic Development under
(i) AS 10.06 -
				  10.45, for corporations;
(ii) AS
				  10.50, for limited liability companies;
(iii) AS 32.05 or 32.06, as applicable
				  (Uniform Partnership Act), for limited liability partnerships; or
(iv) AS 32.11 (Uniform Limited Partnership
				  Act), for limited partnerships.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.007 - Application

Current through May 31, 2024
The director may require a person who wants to acquire
					 state land to file an application on a form provided by the division, and to
					 pay a nonrefundable filing fee in accordance with a fee schedule posted at the
					 district offices of the division. If the filing fee is paid with a check or
					 draft on which the bank or credit union refuses payment, the application will
					 be rejected. The application may be filed at any of the division's district
					 offices. An application received before or after the filing period set by the
					 director will be rejected. An agent who presents a power of attorney or other
					 notarized authorization of agency may file an application on behalf of a
					 qualified applicant. Filing an application does not grant or vest any right,
					 title, or interest, nor any expectancy of a right, title, or
					 interest.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.050
AS
						38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.008 - Ineligibility due to default

Current through May 31, 2024
A person whose purchase contract or lease issued by the
					 department
(1) has been
				  administratively foreclosed or terminated for cause within the past three years
				  is ineligible for a new purchase contract or lease issued by the
				  department;
(2) is currently in
				  default for nonpayment is ineligible for a new purchase contract or lease
				  issued by the department until the amount in default is paid in full;
				  or
(3) is currently in default for
				  nonpayment of municipal taxes or assessments, after the municipality notifies
				  the department of the nonpayment and the department notifies the purchaser or
				  lessee of the default, is ineligible for a new purchase contract or lease
				  issued by the department until the default is remedied.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.065
AS 38.05.070
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.010 - Proof of eligibility based on residency

Current through May 31, 2024
For those methods of acquisition or payment for which
					 eligibility is based on residency in this state, the applicant shall submit
					 proof of residency. For proof of residency the applicant may submit any proof
					 acceptable to the director, including
(1) voter registration and voting
				  records;
(2) hunting, fishing,
				  driver's, or other licenses;
(3)
				  school records;
(4) rent receipts,
				  or proof of home ownership or a home purchase contract;
(5) motor vehicle registration;
(6) tax records;
(7) employment, unemployment, or military
				  records;
(8) court or other
				  government agency records;
(9)
				  birth or other vital statistic records;
(10) affidavits of persons acquainted with
				  but not related to the applicant; such affidavits may be used as corroborative
				  evidence, but unless otherwise specified, will not be accepted as the sole
				  proof of residency; or
(11) other
				  proof of residency acceptable to the director.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.055
AS 38.05.057
AS 38.05.058
AS 38.05.077
AS 38.05.600
AS
						38.08.030
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.012 - Disposal brochure

Current through May 31, 2024
The disposal brochure made available to the public before a
					 disposal of land sets out the general conditions and qualifications for the
					 disposal and how a person may apply for or qualify to receive land offered as
					 part of the disposal. It is the responsibility of the applicant or participant
					 to keep himself informed about changes or corrections made in the disposal
					 brochure or made subsequently, and the division reserves the right to make
					 changes up to the time of disposal. The brochure will specify whether a parcel
					 for which no applications or bids were received will subsequently be made
					 available over the counter at the appraised price.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.050
AS
						38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.015 - Land available

Current through May 31, 2024
In addition to selling, leasing, or granting patented land,
					 the division may conditionally sell, lease, or grant land that has been
					 tentatively approved by the federal government for patent to the state, but
					 that is not yet patented. A sale, lease, or grant on this conditional basis
					 will be cancelled if the state is denied title to the land. Money paid to
					 purchase such land will be refunded, or may be applied to the purchase of
					 another parcel. Based on the date of cancellation, a pro rata portion of money
					 paid in advance to lease such land will be refunded, or may be applied to the
					 lease of another parcel. The state is in no way liable for any damage that may
					 be done to the land by the purchaser, lessee, or grantee, or liable for any
					 claim of any third party or for any claim that may arise from ownership. If the
					 state does receive title to the land, the conditional sale, lease, or grant
					 then has the same effect as other sales, leases, or grants.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.045
AS 38.05.070
AS 38.05.077
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.020 - Proper location

Current through May 31, 2024
The purchaser, lessee, or grantee is responsible for proper
					 location of the parcel and improvements on the parcel. Mislocation is not
					 justification for alteration of the parcel boundaries, does not vest any
					 preference right to the land improperly entered, and may result in prosecution
					 for trespass.
Authority:
AS
						38.04.045
AS 38.04.900
AS 38.05.020
AS 38.05.050
AS
						38.05.070
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.022 - No warranty implied

Current through May 31, 2024
By selling, granting, or leasing land, the state does not
					 give or imply any warranty as to the land's fitness, use, or suitability, or
					 whether public utilities or services will be provided. It is the responsibility
					 of the purchaser, grantee, or lessee to determine whether the land will meet
					 his needs.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.050
AS 38.05.070
AS
						38.08.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.025 - Homeowners' association

Current through May 31, 2024
As a condition of sale or grant of any land subdivided by
					 the division for residential purposes, the director may require the purchaser
					 or grantee to join and remain a member of a homeowners' association organized
					 to build or maintain roads within the subdivision, to maintain reserved areas,
					 to build or maintain a sewer or water system within the subdivision, and to
					 provide other necessary services until a unit of local government is able to
					 assume responsibility for them.
Authority:
AS
						38.04.050
AS 38.04.900
AS 38.05.020
AS 38.05.065
AS
						38.08.090
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 1 - Administrative Provisions › 11 AAC 67.029 - Notice

Current through May 31, 2024
If the department proposes a new offering of land to the
					 general public through the department's statewide land disposal program, the
					 department will give notice to each soil and water conservation district
					 created under
					 AS
					 41.10.130(a) encompassing
					 the land to be offered.
Authority:
AS
						38.05.020
AS
						38.05.945
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 2 - Sale or Lease at Auction › 11 AAC 67.045 - Auction procedure

Current through May 31, 2024
The following procedures cover the conduct of public oral
					 outcry auctions for the sale or lease of state land:
(1) Only qualified and registered bidders may
				  submit bids. However, a qualified person may acquire land through an agent who
				  is registered to bid at the auction, if the agent presents a power of attorney
				  or other notarized authorization of agency. An agent may represent only one
				  principal during each auction and may not also participate in his own
				  behalf.
(2) A bid deposit may be
				  required in order to register to bid. If the bidder is successful, the deposit
				  will be applied against the purchase price or the first lease payment, as
				  appropriate. If the bidder is not successful, the deposit will be
				  refunded.
(3) A bidder may withdraw
				  a bid at any time before the hammer falls. If a bid deposit was required and if
				  the withdrawn bid would otherwise have been the winning bid, the bidder
				  forfeits the deposit.
(4) If a bid
				  is made while the hammer is falling, the auctioneer shall decide whether the
				  bid is timely.
(5) The auctioneer
				  may request confirmation of a bid if a bidder's conduct is confusing or
				  distracting, or if it is clear that the bidder does not hear or understand the
				  call or bid.
(6) The auctioneer may
				  withdraw any parcel from the auction before the hammer falls.
(7) A bidder or spectator may be ejected from
				  the auction if, in the judgment of the auctioneer, his conduct conflicts with
				  the orderly proceeding of the auction.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.055
AS
						38.05.075
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 3 - Preference Right Sales › 11 AAC 67.050 - Veteran's preference

Current through May 31, 2024
(a) A person who submits proof that he or she
				  is a veteran as defined by
				  AS
				  38.05.067(d) may participate
				  in a veteran's preference auction of parcels of land of five acres or less that
				  are classified as settlement land and zoned for residential use only. For a
				  purchase to be made jointly with another, both purchasers must be eligible
				  veterans.
(b) A person who
				  purchases land at a veteran's preference sale
(1) may not sell or otherwise transfer
				  ownership of the land for five years, except to heirs upon the death of the
				  purchaser, as security for a loan, or for other good cause as determined by the
				  director; and
(2) shall submit
				  proof within two years that residential development has begun, including proof
				  that access has been developed, if necessary, and that improvements such as
				  utility installation, a permanent foundation, or the construction of waste
				  disposal and sanitary facilities have been undertaken.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 3 - Preference Right Sales › 11 AAC 67.052 - Sales to Forest Service permittees

Current through May 31, 2024
The sale price of a parcel of land sold to a Forest Service
					 permittee under
					 AS
					 38.05.068(c) will be $800
					 plus the direct, individual costs associated with the sale of the parcel,
					 including survey costs, if any; advertising costs; and any other costs unique
					 to that parcel.
Authority:
AS
						38.05.020
AS
						38.05.068
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 3 - Preference Right Sales › 11 AAC 67.053 - Preference right to certain business users

Current through May 31, 2024
(a) Upon a written
				  finding under
				  AS
				  38.05.035(e) that the
				  interests of the state will best be served, the director will grant a
				  preference right to lease without competitive bid, or purchase at appraised
				  fair market value, up to five acres of state land to an applicant who submits
				  written proof
(1) of entering the land while
				  the land was under federal jurisdiction;
(2) of erecting and using, for at least five
				  years while the land was under federal jurisdiction, a building erected under
				  any authorization required under federal law;
(3) that the federal classification of the
				  land at the time the land was entered did not specifically prohibit entering
				  the land, the construction of a building, or business use of the
				  land;
(4) that the business
				  produced at least 25 percent of the applicant's total income for the five years
				  preceding the date of the application for a preference right; and
(5) of permit or lease authorized by the
				  state after the state selected the land.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 4 - Sale or Grant by Lottery › 11 AAC 67.060 - Lottery procedure

Current through May 31, 2024
(a) The procedures in
				  11 AAC 67.060 -
				  11 AAC 67.070 apply to sales by
				  lottery under
				  AS
				  38.05.057 and to the grant of homesites under
				  AS
				  38.08.040 and of staking authorizations for
				  unsurveyed remote recreational cabin lease sites under
				  AS
				  38.05.600(b).
(b) An applicant may apply for as many
				  parcels as desired, but may file no more than one application per parcel. Each
				  application must be separate and complete in accordance with the requirements
				  of the disposal. The order of drawing will be determined by the number of
				  applications received, with the drawing for the parcel for which the most
				  applications were received being held first. Each parcel will be awarded to the
				  first applicant whose name is drawn who has not yet been awarded a parcel. Once
				  an applicant has been awarded a parcel, all other applications by that person
				  will be disregarded.
(c) A person
				  who has been awarded a parcel of land under
				  AS
				  38.05.057 may not participate in another
				  lottery under
				  AS
				  38.05.057 for eight years after the date of
				  the lottery, unless the person relinquishes the previously awarded lottery
				  parcel to the state. Eligibility to apply for a homesite, homestead, or remote
				  recreational cabin site is determined under
				  AS
				  38.08.030-38.08.040,
				  AS
				  38.09.030, and
				  11 AAC 67.800, respectively, and
				  is not affected by this eight-year waiting period.
Under
						AS
						44.62.125(b)(6) and
						AS
						01.05.031(b)(11), the
						cross-reference citations in
						11 AAC 67.060 have been corrected
						to recognize the adoption of
						11 AAC 67.068 -
						11 AAC 67.070, effective March 30,
						1983.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.057
AS 38.05.600
AS 38.08.040
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 4 - Sale or Grant by Lottery › 11 AAC 67.062 - Proof of eligibility

Current through May 31, 2024
A lottery applicant must present proof of Alaska residency
					 in accordance with
					 AS
					 38.05.057(b)(2) and
					 11 AAC 67.010 when required to do
					 so by the department.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.05.057(f)
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 4 - Sale or Grant by Lottery › 11 AAC 67.065 - Preference rights

Current through May 31, 2024
Agricultural preference rights under
					 AS
					 38.05.069 may not be exercised at a sale by
					 lottery. A parcel subject to a lessee preference right under
					 AS
					 38.05.102 may be offered at a sale by
					 lottery, but if anyone other than the holder of the preference right applies
					 for the parcel, it will be sold at auction.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.05.057
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 4 - Sale or Grant by Lottery › 11 AAC 67.067 - Lottery sale contract

Current through May 31, 2024
(a) For any sale under
				  11 AAC 67.060 -
				  11 AAC 67.070, the purchaser must
				  sign and return the sale contract within 30 days after the contract was sent by
				  the department. The director may extend the time period for good cause at the
				  purchaser's request.
(b) A copy of
				  the contract, signed on behalf of the state, will be returned to the purchaser
				  and will serve as a receipt for the deposit and a description of the property,
				  price, and terms. The purchaser need not acknowledge receipt of his copy of the
				  contract unless specifically requested to do so.
Authority:
AS
						38.05.020
AS 38.05.055
AS
						38.05.057
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 4 - Sale or Grant by Lottery › 11 AAC 67.070 - Failure to pay deposit

Current through May 31, 2024
If an apparent successful applicant fails to make the
					 deposit required by
					 AS
					 38.05.057(a), the parcel
					 will be offered as provided by
					 AS
					 38.05.057(f).
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.057
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 5 - Homesites › 11 AAC 67.080 - Survey and platting costs

Current through May 31, 2024
(a) Any land
				  offered for homesites under AS 38.08 must first be surveyed and an approved
				  final plat or subdivision agreement must be accepted by the division and by the
				  platting authority, if any, before the homesite disposal.
(b) Costs of surveying and platting assessed
				  against the homesite parcels will include all costs incident to design of the
				  subdivision as well as the cost of field survey and monumentation of the lots,
				  and will be prorated among the lots on the basis of acreage in each lot or on
				  the basis of road or water frontage, whichever is more equitable.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.08.060(a)
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 5 - Homesites › 11 AAC 67.082 - Application procedure

Current through May 31, 2024
(a) When homesite parcels are to be made
				  available, the director will announce a simultaneous filing period, during
				  which applications will be accepted for an entry permit for each
				  parcel.
(b) An applicant may apply
				  for as many parcels as desired, but may file no more than one application per
				  parcel.
(c) Each application must
				  be separate and complete, and must be accompanied by a nonrefundable filing fee
				  in accordance with a fee schedule posted in the district offices of the
				  department.
(d) The application
				  must be on a form provided by the department. It must include a certification
				  that the applicant is qualified to obtain a homesite entry permit under
				  AS
				  38.08.030.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.08.030
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 5 - Homesites › 11 AAC 67.085 - Award of permit

Current through May 31, 2024
(a) After the close of the simultaneous
				  filing period, homesite parcels will be ranked according to the number of
				  applications received. The parcel with the most applications will be awarded
				  first.
(b) Repealed
				  8/23/87.
(c) A successful applicant
				  shall submit a birth certificate or other suitable proof that he is at least 18
				  years old, as well as proof of residency in accordance with
				  11 AAC 67.010. Satisfactory proof
				  must be presented before noon of the 30th day following the postmark date of
				  the letter notifying the applicant that he has been awarded an entry permit for
				  a parcel. However, the director may grant an extension of time for good
				  cause.
(d) If a successful
				  applicant fails to present satisfactory proof of age and residency, if he
				  decides not to accept the award, or if for any other reason a parcel remains
				  available at the end of the adjudication process, the parcel will be made
				  available over the counter to the first applicant who is qualified for a
				  homesite.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.08.040
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 5 - Homesites › 11 AAC 67.087 - Access

Current through May 31, 2024
With the concurrence of the entryman, the division may
					 grant permits, rights-of-way, or easements on the homesite parcel for public
					 purposes, including roads and utility lines. The grantee shall hold the state
					 and the homesite entryman harmless from any liability for injury or damages
					 that might occur.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.08.010
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 5 - Homesites › 11 AAC 67.090 - Revocation of permit

Current through May 31, 2024
(a) A homesite entry permit is valid for no
				  more than seven years, or for no more than 10 years if the permit was issued
				  before July 1, 1983. The permit may be revoked if the required dwelling is not
				  erected within five years after issuance of the permit, or within eight years
				  if the permit was issued before July 1, 1983. However, the period for erecting
				  the dwelling may be extended for one additional year if the required dwelling
				  is substantially completed within the five or eight years and the director
				  finds that progress toward completion is then being made. For the purposes of
				  this subsection and
				  AS
				  38.08.100, "substantially completed" means
				  that either
(1) a basement suitable for
				  habitation has been completed; or
(2) framing, closing in, and weatherproofing
				  of the dwelling have been completed.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 5 - Homesites › 11 AAC 67.091 - Homesite purchase

Current through May 31, 2024
(a) An entryperson desiring to purchase a
				  homesite under
				  AS
				  38.08.060(e) shall file an
				  application to purchase within seven years after the issuance of the entry
				  permit. The requirements of
				  AS
				  38.08.060(a)(2) must be met
				  before filing an application to purchase.
(b) If the director approves an application
				  to purchase a homesite, each entryperson shall obtain an appraisal of the land.
				  The appraisal must be made according to standard appraisal instructions
				  provided by the department and is subject to approval by the
				  director.
(c) A contract to
				  purchase a homesite must be executed and returned to the department within 30
				  days after it is mailed by the department to the entryperson. The down payment
				  for the purchase must be returned with the executed purchase contract. The
				  director may, for good cause, extend the time period allowed for execution of
				  the purchase contract.
Authority:
AS
						38.05.020
AS 38.08.060
AS
						38.08.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 5 - Homesites › 11 AAC 67.092 - Title requirements

Current through May 31, 2024
Title to the homesite parcel will be conveyed to the permit
					 holder after all of the following have taken place, in accordance with
					 AS
					 38.08.060(a):
(1) the permit holder pays the total survey
				  and platting costs due, as determined by the director;
(2) the permit holder presents proof that a
				  habitable, permanent, single-family dwelling has been constructed, evidenced by
				  a certificate of inspection from an appropriate state or local official, or
				  proof that the permit holder has requested an appropriate state or local
				  official to make such an inspection; "habitable, permanent, single-family
				  dwelling" means a structure or mobile home, suitable for year-round occupancy
				  with at least 200 square feet of space built or placed on a permanent masonry
				  or treated wood foundation, with sanitary facilities meeting Department of
				  Environmental Conservation requirements, and meeting local building codes if
				  applicable;
(3) the permit holder
				  presents proof that the parcel has been occupied by the permit holder or
				  members of his household for a cumulative total of 35 months.
Authority:
AS
						38.04.900
AS 38.05.020
AS
						38.08.060
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.138 - Limited and unlimited areas

Current through May 31, 2024
(a) Homestead areas
				  may be either limited or unlimited. A limited homestead area is one for which
				  the director limits the number of persons allowed to stake homesteads within
				  the area. An entryperson must acquire a staking authorization and purchase a
				  selection procedures packet before staking in a limited area. An unlimited
				  homestead area is one for which the number of persons allowed to stake
				  homesteads is not initially restricted by the director. A staking authorization
				  is not required in an unlimited area.
(b) The director may distribute staking
				  authorizations for limited areas by lottery. The director shall conduct a
				  lottery to award staking authorizations under
				  11 AAC 67.140 and
				  11 AAC 67.141, and not under
				  AS
				  38.05.057.
(c) The director may increase the limit on
				  the number of persons allowed to stake a homestead within a limited area,
				  thereby increasing homestead density. In addition, the director may close all
				  or part of a limited or unlimited homestead area to further staking or entry at
				  any time. The director shall publish a notice of closure in a newspaper in the
				  locality of the homestead area for at least two weeks before closing the area
				  to further staking or entry. However, if the director finds that the area must
				  be closed because of title defects, public safety hazards, or similar concerns,
				  or because of extreme selection conflicts, the area may be closed on an
				  emergency basis, without prior notice.
(d) The director shall specify, either in a
				  disposal brochure or in a notice of disposal given under
				  AS
				  38.05.945(a)(4), the date
				  and time a homestead is open for staking.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.09.010
AS 38.09.020
AS
						38.09.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.139 - Unlimited areas

Current through May 31, 2024
(a) A homestead may be staked in an unlimited
				  area at any time after the area is opened under
				  11 AAC 67.138(d).
				  An entryperson must purchase a selection procedures packet for the area before
				  staking. An application for a homestead entry permit must be filed no later
				  than 15 days after the land is staked and the boundaries flagged as required by
				  11 AAC 67.143.
(b) The director may temporarily suspend the
				  sale of selection procedures packets for an unlimited area if the director
				  determines, on the basis of the apparent density of entries, resource values,
				  public safety hazards, selection conflicts, title defects, or similar resource
				  management concerns, that the suspension is in the best interests of the state.
				  If the sale of packets is suspended, the director shall specify a date on which
				  sales of packets will resume if the area is not then closed to further staking
				  or entry under
				  11 AAC 67.138(c).
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.09.010
AS 38.09.020
AS 38.09.030
AS
						38.09.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.140 - Limited areas

Current through May 31, 2024
(a) For a limited area, the director shall
				  announce a simultaneous filing period of not less than 30 days during which the
				  department will accept applications for staking authorizations. All
				  applications for staking authorizations must be physically received by the
				  department by 4:30 p.m. on the last day of the filing period.
(b) An applicant may file only one
				  application for a staking authorization for each limited area. If the number of
				  applications received exceeds the limit set by the director under
				  11 AAC 67.138(a),
				  a staking authorization lottery will be held to distribute the staking
				  authorizations. An applicant need not be present at the staking authorization
				  lottery in order to receive an authorization. If an applicant filed
				  applications on more than one limited area, the applicant will receive a
				  staking authorization for the first area for which the applicant's name is
				  drawn. If a staking authorization lottery is necessary, staking authorizations
				  for the area with the highest ratio of applications to allowable entries will
				  be distributed first.
(c) A staking
				  authorization is valid for 60 days after the date the limited area is opened,
				  or 60 days after the date a staking authorization acquired over the counter
				  under 11 AAC 67.142 is issued. During
				  the 60-day period, the holder must stake and flag a homestead in accordance
				  with the selection procedures, and must apply for a homestead entry permit. If
				  the application for a homestead entry permit is not filed on or before the
				  expiration date of the staking authorization, the applicant's authorization
				  automatically expires and becomes available for reissuance over the counter. If
				  a staking authorization expires on a nonworking day, the period for filing for
				  the homestead entry permit is automatically extended through close of business
				  on the first working day after the staking authorization's expiration date. An
				  individual may hold only one staking authorization at a time. If a staking
				  authorization is relinquished before its expiration date, it will be made
				  available over the counter on the first working day after its normal expiration
				  date. A staking authorization is not renewable or transferable.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.09.010
AS 38.09.020
AS 38.09.030
AS
						38.09.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.141 - Predesignated limited areas

Current through May 31, 2024
(a) The director
				  may predesignate the boundaries of individual homestead parcels in a limited
				  area. When the director predesignates the boundaries, the provisions of this
				  section apply in addition to those of
				  11 AAC 67.140.
(b) The department will prepare a legal
				  description and assign a parcel number for each predesignated homestead parcel
				  before the disposal. For purposes of filing applications for staking
				  authorizations, each parcel is considered a separate limited area, and an
				  applicant must file a separate application for each parcel which that person
				  wishes to obtain.
(c) If the filing
				  period for staking authorizations for predesignated homestead parcels is
				  concurrent with the filing period for other limited areas, the staking
				  authorizations for predesignated parcels will be distributed first. If a
				  lottery drawing is necessary, the staking authorizations will be distributed
				  first for the predesignated parcel with the most applications. If an equal
				  number of applications are filed on more than one parcel, the order will be to
				  draw first for the parcel with the lowest assigned parcel number, and proceed
				  in numerical order. If an applicant applies for more than one parcel, the
				  applicant will receive a staking authorization for the first parcel for which
				  the applicant's name is drawn.
(d)
				  The plat of survey required under
				  11 AAC 67.146 must comply with the
				  legal description established by the department under (b) of this
				  section.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.09.010
AS 38.09.020
AS 38.09.030
AS
						38.09.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.142 - Over-the-counter limited authorizations

Current through May 31, 2024
(a) Limited staking
				  authorizations not distributed under
				  11 AAC 67.140 -
				  11 AAC 67.141, or that have
				  expired, may be made available over the counter on a first-come, first-served
				  basis. If more than one eligible person is present or represented, or more than
				  one eligible mail-in application is received under (b) of this section when a
				  limited staking authorization is made available, a drawing will be held to
				  determine to whom the authorization will be distributed. An individual may
				  apply for an over-the-counter limited authorization either in person or through
				  the mail, and in doing so may be represented by an agent authorized by a
				  notarized power of attorney. An agent may participate only for himself or
				  herself, and one other person, per day.
(b) Over-the-counter mail-in applications for
				  limited staking authorizations will be accepted and processed as follows:
(1) a mail-in application will, when received
				  by the appropriate regional office of the division, be processed as if it were
				  presented in person, except that a mail-in application received before the
				  first day of a new offering will be processed at the beginning of the first day
				  of the offering; and
(2) a mail-in
				  application must be accompanied by a nonrefundable check or money order to
				  cover the fee for a staking selection procedures packet and mailing charges
				  prescribed by 11 AAC 05.100.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.143 - Homestead selection procedures

Current through May 31, 2024
(a) The director
				  shall establish site-specific homestead selection procedures for each area open
				  to homesteading, and shall prepare and make available selection procedures
				  packets for each area. The director may charge a fee, adopted by the
				  commissioner, for a selection procedures packet, and for mailing the packet if
				  it is mailed. In addition to the requirements of
				  AS
				  38.09.010(e), the selection
				  procedures will include the following, where applicable, and may include
				  additional procedures based on site-specific considerations:
(1) the maximum amount of water frontage that
				  may be included in a homestead;
(2)
				  a description of the areas that are subject to easements;
(3) a description of easements to which each
				  homestead will be subject;
(4) the
				  manner of staking the corners of the homestead and the information required to
				  be marked on corner posts;
(5)
				  restrictions on obstructing access;
(6) building and staking setbacks;
(7) the maximum and minimum size homestead
				  that may be staked;
(8) minimum
				  flagging requirements; and
(9) the
				  date and time staking may begin.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.144 - Entry permit

Current through May 31, 2024
(a) An application for a homestead entry
				  permit must be accompanied by an affidavit that the applicant meets the
				  eligibility requirements of
				  AS
				  38.09.030(a)(1) and
				  AS
				  38.09.900(3). In addition, a
				  nonrefundable processing fee of $5 per acre, rounded to the next highest acre
				  if the acreage exceeds a whole number, must accompany the
				  application.
(b) The application
				  for an entry permit must contain the following information and any additional
				  information required by the homestead selection procedures:
(1) the parcel's location and
				  acreage;
(2) corner locations and a
				  description of reference points used in locating corners;
(3) legal description of the
				  homestead;
(4) date of staking and
				  a description of corner stakes;
(5)
				  names and location of adjacent entrypersons, if known;
(6) a sketch plat;
(7) the applicant's address of record where
				  all correspondence from the department to the applicant will be mailed;
				  and
(8) an affidavit in which the
				  applicant attests that the applicant personally staked the corners and flagged
				  the boundaries of the land entered, that the applicant assumes full
				  responsibility for the accuracy of the location of the entry, and that all
				  other actions required by the homestead selection procedures have been
				  taken.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.145 - Brushing

Current through May 31, 2024
(a) Unless the homestead was described by
				  aliquot parts or as a lot of record, an entryperson shall brush all boundaries
				  no later than 90 days after issuance of the entry permit. A clearly discernible
				  line between corner posts that is easily identifiable and sufficient to give
				  reasonable notice of the boundaries to a later entryperson must be brushed.
				  Boundaries along waterbodies, trails, roads, or other similar open areas need
				  not be brushed but must be conspicuously flagged at least every 50 feet. An
				  entryperson is not required to cut trees with a diameter of over four inches
				  when marking the boundaries, but those trees must be flagged and either blazed
				  or painted. If the director finds that for some reason unique to the homestead
				  or the homestead area it is impractical to brush all or any portion of the
				  homestead boundary lines, the director may allow the entryperson to flag or
				  otherwise mark the lines in a manner that will provide reasonable notice of the
				  boundaries.
(b) No later than 15
				  days after the final date for brushing specified in (a) of this section, an
				  entryperson who is required to comply with (a) of this section must submit an
				  affidavit to the department stating that the entryperson complied.
(c) An entryperson may meet the boundary
				  marking and brushing requirements of (a) of this section at the time of
				  staking, and submit the affidavit required under (b) of this section with the
				  application for entry permit filed under
				  11 AAC 67.144.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.09.040
AS 38.09.050
AS 38.09.060
AS
						38.09.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.146 - Plat of survey

Current through May 31, 2024
(a) A homestead staked under AS 38.09 must be
				  surveyed by a surveyor registered in Alaska, and a plat of survey must be filed
				  with the department. The survey must
(1)
				  comply with 11 AAC 53;
(2) identify
				  easements and rights-of-way required by the director under
				  AS
				  38.09.050(c), or required
				  under other laws, or that are of record or existing by law;
(3) identify public access and utility
				  easements, to be located along the inside of each homestead boundary and equal
				  to one of the following widths:
(A) 25 feet
				  for homesteads of 40 acres or less; or
(B) 50 feet for homesteads of more than 40
				  acres; and
(4) comply
				  with all applicable municipal platting and subdivision requirements.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.148 - Dwelling; extensions for completion

Current through May 31, 2024
(a) No later than
				  three years after the date the entry permit was issued, an entryperson who did
				  not purchase the homestead under
				  AS
				  38.09.090 and
				  11 AAC 67.147 shall submit proof
				  of completion of a habitable, permanent dwelling. Proof must be submitted in
				  the form of photographs and an affidavit from the entryperson, and must include
				  a description of the dwelling, type of footings and foundation, dimensions of
				  structure, type of construction, insulation, sewage facilities, heating
				  facilities, cooking facilities, and water supply.
(b) A request for an extension of time under
				  AS
				  38.09.040(a)(3) to complete
				  a nearly completed dwelling must be filed with the department within three
				  years after the date the entry permit was issued. For the purposes of an
				  extension under
				  AS
				  38.09.040(a)(3) and this
				  section, "nearly completed" means either
(1)
				  completion of a basement suitable for habitation; or
(2) completion of framing, closing in, and
				  weatherproofing the dwelling.