Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 82 - Mineral Leasing Procedure › Article 6 - Miscellaneous Leasing Procedure › 11 AAC 82.645 - Conforming protracted description to official surveys

Current through May 31, 2024
(a) If a lease is
				  issued describing land according to a protracted survey and if thereafter the
				  leased land is surveyed under the public land rectangular system, the
				  boundaries of the lease land are those established by the latter survey when it
				  is approved by the commissioner. Before conforming the lease boundaries, the
				  department will notify each lessee of land affected by the survey and permit
				  those lessees to examine the plat of survey and the field notes. If such a
				  lessee believes that the survey is erroneous and would because of an error move
				  any boundary of a lease held by him more than 10 feet, or in the case of an oil
				  and gas lease on which there is no well capable of producing in paying
				  quantities, one-quarter of a mile, then he may, within 30 days after that
				  notice, file with the department written objections to the survey specifying in
				  detail the error alleged, the boundary affected and the effect on it, and
				  stating whether a hearing is demanded.
(b) If a hearing is demanded under (a) of
				  this section, the commissioner will establish a time and place for the hearing
				  and mail reasonable notice of it to all lessees of record affected by the
				  survey.
(c) The commissioner will
				  consider all written objections and all evidence presented at the hearing, and
				  if he finds that any lease boundary, as established by the lessee, would be
				  affected in excess of the limits specified in (a) of this section, and he finds
				  reasonable cause to believe that the effect may be the result of an error in
				  the survey, whether or not within the allowable limits of error according to
				  the generally accepted standards of surveying, and any lessee or lessees agree
				  to bear the cost of a resurvey as provided for in (d) of this section, the
				  survey is not approved and the commissioner will order a resurvey.
(d) A resurvey ordered under (c) of this
				  section must be made by an independent professional land surveyor licensed in
				  Alaska and appointed by the commissioner, who will consult with any interested
				  lessees before making the appointment. The commissioner will fully apprise the
				  surveyor of any alleged errors and furnish him copies of all written objections
				  and other evidence submitted concerning the original survey.
(e) Upon receipt of the resurvey, the
				  commissioner will notify all affected lessees of it and permit the lessees to
				  examine the plat of resurvey and the field notes. A lessee may within 30 days
				  after receipt of the notice file written objections in the manner provided in
				  (a) of this section. If objections are received, the commissioner may, at his
				  discretion, order a further hearing or a further resurvey in the manner
				  provided in (d) of this section.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.145(a)