reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.149 - Request for patent

Current through May 31, 2024
(a) A request for patent for a homestead not
				  purchased under the provisions of
				  AS
				  38.09.090 and
				  11 AAC 67.147 must be filed with
				  the department within five years after the date the entry permit was issued. A
				  request must be accompanied by an entryperson's affidavit of homestead
				  residency and affidavits from at least three disinterested people who are not
				  related to the entryperson attesting that, based on their personal knowledge,
				  the entryperson has met the requirement of
				  AS
				  38.09.050 that the entryperson "resides and
				  lives" on the homestead entry land for at least 25 months during the five years
				  after the entry permit was issued.
(b) In addition to the requirements of (a) of
				  this section, a request for patent for an agricultural homestead must include
				  either an inspection report from the division of agriculture, or photographs,
				  affidavits, or other information acceptable to the director, showing compliance
				  with the requirement that the land be cleared and either put into production or
				  prepared for cultivation in accordance with
				  AS
				  38.09.050(a)(5) and
				  11 AAC 67.154(6).
(c) In the case of an entry permit transfer
				  under AS
				  38.09.030(c)(1) - (c)(4),
				  the periods of residency by entrypersons during the time that each held the
				  permit may be combined to meet the 25-month residency requirement. In the case
				  of an entry permit exchange between entrypersons in the same homestead area
				  under AS
				  38.09.030(c)(5), periods of
				  residency by each entryperson before the exchange remain credited to that
				  entryperson and are not exchanged with the permits.
(d) If an entryperson fails to meet the
				  requirements of (a) of this section and, if applicable, the requirements of (b)
				  of this section, the entry permit automatically expires, and all rights of the
				  entryperson to the homestead terminate. Any improvements or property of the
				  entryperson will be managed by the department under
				  AS
				  38.05.090.
(e) For purposes of this section and
				  AS
				  38.09.050, "resides and lives" means being
				  physically present and living on the homestead for a minimum of 25 months
				  during the five-year period. A month is defined as
(1) a minimum of 20 nights per calendar
				  month; or
(2) five nights per week
				  for any four separate weeks.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.151 - Forms; falsification; record address

Current through May 31, 2024
(a) All filings
				  with the department made under
				  11 AAC 67.142 -
				  11 AAC 67.155 must be made at the
				  district office of the division of land and water management in the district
				  where the homestead area is located.
(b) Falsifying information on forms or in any
				  other documents required under
				  11 AAC 67.138 -
				  11 AAC 67.155 is a substantial
				  breach of the terms and conditions of the homestead entry permit, and in
				  addition to any other penalties allowed by law is cause for revocation of the
				  permit.
(c) All filings made with
				  the department in person by an applicant will be processed before filings made
				  by mail or by an agent.
(d) The
				  entryperson shall notify the department in writing of any change in the
				  entryperson's address of record filed under
				  11 AAC 67.144 for all
				  correspondence mailed to the entryperson. Notice mailed to the entryperson at
				  the address of record constitutes notice to the entryperson.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.09.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.152 - Access

Current through May 31, 2024
(a) An entryperson has the right to obtain
				  reasonable access across state land to his homestead, including access for
				  utility lines. However, the entryperson must apply to the director for approval
				  of the access route, construction methods, and the schedule for its
				  establishment.
(b) Before the plat
				  of survey is approved under
				  11 AAC 67.146(a) (1), the director may, after consulting with
				  the entryperson, issue permits, rights-of-way, or easements across the
				  homestead under
				  AS
				  38.05.850.
Authority:
AS
						38.04.005
AS 38.04.035
AS 38.04.050
AS 38.04.055
AS 38.05.020
AS 38.05.035
AS 38.05.850
AS 38.09.010
AS 38.09.050
AS
						38.09.110
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.154 - Agricultural homesteads

Current through May 31, 2024
The following provisions apply to homesteads in selection
					 areas classified as agricultural land under
					 11 AAC 55.050:
(1)
[Annulled; see editor's
				  note.]
The interest conveyed by patent is only that portion of the
				  state's title which constitutes the agricultural interest in the land conveyed.
				  The state's transfer of the agricultural interest is the conveyance of the
				  surface estate in fee simple subject to the conditions subsequent and covenants
				  relating to agricultural use and development set out in (2) - (4) of this
				  section. All other interests in the property remain in the absolute ownership
				  of the state as required by
				  AS
				  38.05.321, and are not the property of the
				  grantee.
(2)
[Annulled; see
				  editor's note.]
The use of the homestead land is restricted to the
				  production of plants and animals useful to man, including forage and sod crops;
				  grains and feed crops; fruits, trees, and vegetables; dairy animals and
				  products, and livestock; and incidental uses not inconsistent with this
				  agricultural restriction.
(3)
[Annulled; see editor's note.]
The subdivision of an agricultural
				  homestead as permitted by
				  AS
				  38.09.050(d) and (e) may not
				  create any parcel of less than 40 acres, and must be consistent with an
				  approved homestead conservation plan, submitted or amended under
				  11 AAC 67.155.
(4)
[Annulled; see editor's
				  note.]
Buildings on agricultural homesteads are restricted as follows:
(A) before subdivision, an agricultural
				  homestead may only have one permanent habitable dwelling, and other buildings
				  that are either reasonably required to support the agricultural use of the
				  homestead, or not inconsistent with that agricultural use;
(B) after a subdivision, each subdivided
				  parcel may only have one permanent habitable dwelling and other buildings that
				  are either reasonably required to support the agricultural use of the parcel,
				  or not inconsistent with that agricultural use.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 6A - Homesteads › 11 AAC 67.155 - Agricultural homestead conservation plan

Current through May 31, 2024
(a) An approved
				  homestead conservation plan is required as a condition of an agricultural
				  homestead entry. The entryperson must, within 90 days of receiving an entry
				  permit under
				  11 AAC 67.144, submit to the
				  division of agriculture a conservation plan meeting the requirements of (d) of
				  this section.
(b) An approved
				  homestead conservation plan will be incorporated into the entry permit,
				  purchase contract if applicable, and patent, as a covenant and a condition
				  subsequent.
(c) If an entryperson
				  fails to provide an acceptable conservation plan within the time specified, or
				  within an extension of time granted by the director of the division of
				  agriculture for good cause, the entry permit will be revoked.
(d) The conservation plan must include a map
				  of the homestead showing
(1) the planned
				  location of any clearing and breaking of ground;
(2) the location of windbreaks, homestead
				  ponds, and other improvements.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.160 - Administration of 11 AAC 67.160 - 11 AAC 67.195

Current through May 31, 2024
The director shall carry out
					 11 AAC 67.160 -
					 11 AAC 67.195 in a manner
					 which
(1) minimizes the diversion of
				  agricultural land to other uses;
(2) minimizes the impairment of agricultural
				  land for agricultural use and development; and
(3) enhances the economic operation of viable
				  farm units.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.050
AS 38.05.069
AS
						38.05.321
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.162 - Title and interest conveyed. [Annulled; see editor's note.]

Current through May 31, 2024
(a)
				  Under 11 AAC 67.160 -
				  11 AAC 67.195, the state will
				  convey only that portion of the state's title which constitutes the
				  agricultural interest in the tract conveyed. The state's sale of the
				  agricultural interest is the conveyance of the surface estate in fee simple
				  subject to the conditions subsequent and covenants relating to agricultural use
				  and development set out in (b) of this section. All other interests in the
				  property remain in the absolute ownership of the state as prescribed by
				  AS
				  38.05.069 and
				  38.05.321, and may not be
				  trespassed upon by the grantee. The conveyance includes the right to exclusive
				  possession. The agricultural interest may be alienated, encumbered, and
				  inherited and is subject to the provisions of
				  11 AAC 67.192. The agricultural
				  interest may not be augmented except as provided in
				  AS
				  38.05.069(c), and may not be
				  diminished except in the case of a forfeiture under this chapter.
(b) A grantee of an agricultural interest
				  conveyed under
				  11 AAC 67.160 -
				  11 AAC 67.195 must
(1) comply with the terms, conditions, and
				  limitations attached to the conveyance;
(2) comply with applicable laws and
				  regulations; and
(3) use the land
				  only for
(A) the production of plants and
				  animals useful to man, including, without limitation, forage and sod crops;
				  grains and feed crops; fruits, trees, and vegetables; dairy animals and
				  products; and livestock; all such production must be consistent with the farm
				  conservation plan, but without the right to construct fixed, permanent or
				  immovable structures except as specified in (C) of this paragraph;
(B) the maintenance of the land conveyed in
				  its existing natural or undeveloped state, unless otherwise required by a farm
				  development plan;
(C) the
				  construction of fixed, permanent, or immovable structures reasonably required
				  for or related to agricultural production, including that farmstead normally
				  required for yards, driveways, parking, barns, and other outbuildings, and
				  similar uses, to the extent permitted by the director under sec. 187 of this
				  chapter and authorized and depicted in the farm conservation plan;
(D) the subdivision, for agricultural
				  purposes only, of the land under the farm conservation plan and the
				  requirements of this chapter;
(E)
				  the use of gravel reasonably required for agricultural production only on the
				  parcel conveyed, as authorized and depicted in the farm conservation
				  plan;
(F) removal and disposition
				  of timber by sale, gift, or other means in order to bring agricultural land
				  into production, as authorized and depicted in the farm conservation plan and
				  in accordance with accepted principles of land management and
				  conservation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.165 - Actions for trespass, damages, and forfeiture. [Annulled; see editor's note.]

Current through May 31, 2024
(a) Any development or use of an agricultural
				  interest conveyed under secs. 160 - 195 of this chapter by a grantee which is
				  inconsistent with or contrary to sec. 162(b) of this chapter is a violation of
				  the terms of conveyance and constitutes, together and as separate legal matters
(1) a breach of a condition
				  subsequent;
(2) a breach of
				  covenant; and
(3) a breach in the
				  form of a trespass upon the remaining interest of the state.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.167 - Agricultural preference right

Current through May 31, 2024
(a) All sales of
				  the state's agricultural interest are subject to an agricultural preference
				  right as provided in
				  AS
				  38.05.069. In order to qualify for a
				  preference right, an applicant must submit his application on a form supplied
				  by the division during the period specified in the sale notice.
(b) A qualified applicant must be the owner
				  or lessee and operator of a farm or land upon which he has been actively
				  engaged in agricultural pursuits as defined in
				  AS
				  38.05.069. In order to qualify, the applicant
				  may be required to have not less than 50 percent of the potentially tillable
				  land he owns or leases cleared or otherwise devoted to agricultural purposes of
				  a nature recognized by the director as consistent with the climate and soil
				  capabilities of the area in which the land is located. In addition, he must
				  present with his application a development plan that demonstrates the need for
				  additional agricultural land in order to create an economic unit.
(c) The award of an agricultural preference
				  right will be based on the characteristics of the existing farm as an economic
				  unit. Multiple ownership of a farm unit does not create a qualification for
				  multiple preference rights.
(d)
[Annulled; see editor's note.]
Only the agricultural interest as
				  described in secs. 160 - 195 of this chapter will be conveyed in conjunction
				  with a preference right award. Permission to construct real property
				  improvements under sec. 187 of this chapter will be granted to a preference
				  right holder whose base farm is leased land, but will be withheld from other
				  preference right holders unless
(1) the
				  preference right holder's base farm is separated from the parcel purchased
				  under secs. 160 - 195 of this chapter by a physical barrier that necessitates
				  duplication of farm support buildings on the purchased parcel; however, the
				  director may require the preference right holder to convey to the state
				  development rights on the base farm on an acre-for-acre basis; or
(2) granting permission would enhance the
				  economic operation of a viable farm unit or result in only minimal diversion of
				  agricultural land to other uses; however, the director may require the
				  preference right holder to submit additional economic and land use
				  justification for the farmstead area applied for; the director may also grant
				  less than five acres for a farmstead, withhold the right to construct
				  residences, and require the preference right holder to convey to the state
				  development rights on the base farm on an acre-for-acre basis.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.170 - Sale notice. [Annulled; see editor's note.]

Current through May 31, 2024
Before offering the state's agricultural interest for
					 disposal, the division will publish a descriptive brochure containing
(1) the date, time and place of
				  disposal;
(2) the period during
				  which preference right applications will be accepted;
(3) a statement of terms and conditions of
				  disposal, including the terms of payment and length of contract, the
				  availability of homestead credits, veteran's preference, purchaser
				  qualifications, contract performance requirements, and any other special
				  conditions or limitations; and
(4)
				  for each parcel
(A) size;
(B) appraised value;
(C) interests to be conveyed;
(D) farm conservation plan
				  requirements;
(E) farm development
				  plan requirements, if any; and
(F)
				  any special conditions that may be imposed upon the conveyance.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.172 - Purchaser qualification [Annulled; see editor's note.]

Current through May 31, 2024
(a) In order to be
				  eligible to purchase at an agricultural interest sale, a prospective purchaser
				  must register at the sale location and must sign a statement worded
				  substantially as follows: "I understand that if I am the successful purchaser,
				  I will acquire the state's agricultural interest only. I certify that I intend
				  to use any land acquired at this sale only for agricultural purposes. I am
				  familiar with the provisions of applicable state laws, regulations, and the
				  sale brochure. I understand that if I am the successful purchaser, I will be
				  required to submit a farm conservation plan before consummating the
				  sale."
(b) The director may require
				  a prospective purchaser to qualify by providing evidence that would establish
				  the purchaser's
(1) ability in farm
				  management;
(2) ability to obtain
				  financing;
(3) agricultural
				  training and experience;
(4) net
				  worth;
(5) evidence of Alaska
				  residency;
(6) United States
				  citizenship; and
(7) authority to
				  conduct business in the state of Alaska, if the prospective purchaser is a
				  corporation.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.175 - Qualifications for purchase by lottery

Current through May 31, 2024
The director may waive the requirements for applicants in
					 AS
					 38.05.057(b) for a sale by
					 lottery if the sale by lottery is held as part of a major program to develop
					 agricultural land as a renewable resource of the state. If the requirements of
					 AS
					 38.05.057(b) are waived, to
					 be eligible to participate in the lottery the applicant shall
(1)
[Annulled; see editor's
				  note.]
furnish evidence of his qualifications under sec. 172(b)(1) -
				  (b)(4) of this chapter;
(2)
				  maintain a place of residence in the state, be eligible to register to vote in
				  the state, and show by all attending circumstances that his intent is to make
				  Alaska his permanent residence; and
(3) certify whether he has acquired land at a
				  prior state land lottery and, if so, the date of the lottery.
Effective August 5, 1997,
						11 AAC 67.175(1)
						was annulled by sec. 15, ch. 20, SLA
						1997.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.057
AS 38.05.069
AS
						38.05.321
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.177 - Farm conservation plan

Current through May 31, 2024
(a) An approved farm conservation plan will
				  be required as a condition of the sale. The successful purchaser must submit an
				  approved conservation plan before consummation of the sale. For each disposal
				  the director may accept, reject, or modify the farm conservation plan after
				  consultation with the local soil and water conservation district.
(b) If the successful purchaser submits an
				  acceptable conservation plan within the time specified in the sale notice, the
				  plan will be incorporated into the sale contract and the conveyance document as
				  a covenant and a condition subsequent, and will be recorded in that
				  form.
(c) If a successful purchaser
				  fails to provide an acceptable farm conservation plan within the time specified
				  in the sale notice, or within an extension of time granted by the director for
				  good cause shown, he forfeits his bid deposit and the tract may be offered to
				  the next highest bidder, or next qualified applicant, with the secondary award
				  conditioned upon the submission of a farm conservation plan, within a time
				  period equal to the time originally allowed.
(d) A previously approved farm conservation
				  plan may be modified at the request of the purchaser. The director may approve,
				  reject, or modify the farm conservation plan modification after consultation
				  with the local soil and water conservation district.
Authority:
AS
						38.05.020
AS 38.05.035
AS 38.05.050
AS
						38.05.321
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.180 - Contents of farm conservation plan

Current through May 31, 2024
The farm conservation plan must include
(1) a map of the farm showing
(A) the planned location of any clearing and
				  breaking of ground;
(B) location
				  and size of the farm's real property improvements (if authorized);
(C) location of windbreaks, farm ponds, and
				  similar conservation measures and improvements;
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.185 - Farm development plan [Annulled; see editor's note.]

Current through May 31, 2024
(a) The director
				  may require a schedule of planned agricultural development by sale contract
				  where such performance is in the state's interest.
(b) The director may require evidence that
				  the plan is economically sound.
Effective August 5, 1997,
						11 AAC 67.185 was annulled by sec.
						15, ch. 20, SLA 1997.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.035
AS 38.05.050
AS 38.05.069
AS
						38.05.321
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.187 - Construction of real property improvements [Annulled; see editor's note.]

Current through May 31, 2024
(a) In conjunction with a conveyance of an
				  agricultural interest under secs. 160 - 195 of this chapter to a person who has
				  not been granted a preference right, the director will authorize the
				  construction of fixed, permanent, or immovable structures reasonably required
				  for or related to agricultural production, within designated areas not over
				  five acres, including that farmstead area normally required for yards,
				  driveways, parking, barns, animals' pens, other outbuildings, and other similar
				  uses. However, a maximum of 20 acres may be authorized and designated if
				  unusual or large-scale real property improvements are necessary for
				  agricultural development of the parcel conveyed.
(b) All real property improvements must be
				  depicted and described in the farm conservation plan and must be incorporated
				  into the sale contract and the conveyance document.
(c) Permission to construct real property
				  improvements may be withheld from a preference right holder under
				  11 AAC 67.167(d).
(d) Changes in the location or size of the
				  area designated for real property improvements are subject to approval of the
				  director. The director may approve a change if
(1) the maximum area specified under (a) of
				  this section is not exceeded; and
(2) the change is consistent with a farm
				  conservation plan approved under
				  11 AAC 67.177.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.188 - Subdivision

Current through May 31, 2024
(a) Land conveyed under
				  11 AAC 67.160 -
				  11 AAC 67.192 may be subdivided
				  for the purpose of transfer of ownership, subject to the approval of the
				  director, if
(1) the land originally conveyed
				  has been patented;
(2) the
				  subdivision does not create a parcel of less than 40 acres;
(3)
[Annulled; see editor's
				  note.]
the subdivision is consistent with a farm conservation plan
				  approved under
				  11 AAC 67.177;
(4)
[Annulled; see editor's
				  note.]
the agricultural use of the land has been maintained at
				  substantially the same level as at the time of completion of the development
				  required under
				  11 AAC 67.185;
(5)
[Annulled; see editor's
				  note.]
all original improvements to real property or rights to construct
				  real property improvements under
				  11 AAC 67.187 on the land
				  originally conveyed are designated for a single parcel of not less than 40
				  acres;
(6)
[Annulled; see
				  editor's note.]
all additional rights to construct real property
				  improvements on land subdivided under this section are designated only for
				  parcels of at least 640 acres.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.190 - Retained interests in land [Annulled; see editor's note.]

Current through May 31, 2024
(a) Only the
				  agricultural interest in land, as described in
				  11 AAC 67.162, may be conveyed
				  under this chapter. All other interests in the land remain vested in the state
				  unless subsequently disposed of under
				  AS
				  38.05.069(c). Any such
				  disposal is subject to all other provisions of law, including
				  AS
				  38.05.035(e) and
				  38.05.945(c).
(b) The grantee shall allow the state,
				  through its duly authorized representatives, to enter during reasonable
				  business hours upon the land in which the agricultural development interest has
				  been conveyed, for the purpose of inspection.
Effective August 5, 1997,
						11 AAC 67.190(a)
						was annulled by sec. 15, ch. 20, SLA
						1997.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.035
AS 38.05.050
AS 38.05.069
AS
						38.05.321
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 7 - Disposal of Agricultural Interest › 11 AAC 67.192 - Sale, assignment, or sublease of agricultural interest [Annulled; see editor's note.]

Current through May 31, 2024
(a) Any conveyance of the agricultural
				  interest in an entire, unsubdivided parcel may be made after 30 days' prior
				  written notice to the director. Notice must include a copy of the earnest money
				  agreement, deposit receipt, or other evidence of the price and terms offered.
				  Any such agreement with a prospective purchaser must contain notice that the
				  purchase is contingent on the director's not exercising his 30-day first option
				  to purchase. The director has the right to meet the price and terms offered,
				  but if this option to purchase is not exercised, the director has no authority
				  to disapprove of the conveyance to another purchaser.
(b) Notice of the assignment for value of the
				  agricultural interest in an undivided tract must be given the state in the same
				  manner as provided in
				  11 AAC 58.580.
Effective August 5, 1997,
						11 AAC 67.192 was annulled by sec.
						15, ch. 20, SLA 1997.
Authority:
AS
						38.04.900
AS 38.05.020
AS 38.05.035
AS 38.05.050
AS 38.05.069
AS 38.05.321
AS
						38.05.325
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.200 - Purpose

Current through May 31, 2024
11 AAC 67.200 -
					 11 AAC 67.280 establish procedures
					 for the disposal of state land or interests in state land by exchange as
					 authorized by
					 AS
					 38.50.010-38.50.170.
Authority:
AS
						38.50.010
AS
						38.50.160
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.210 - Initiation of exchange

Current through May 31, 2024
(a) A proposed exchange of state land or
				  interests in state land must be initiated by written application to the
				  department by a qualified party to an exchange, as defined by
				  AS
				  38.50.030.
(b) An application must be accompanied by
				  written proof acceptable to the department that the applicant is the owner of,
				  or is legally entitled to, the land or interests in land proposed for exchange,
				  or that the applicant is authorized to act on behalf of the owner of the land
				  or interests in land proposed for exchange.
(c) An application must describe the
				  perceived public benefits to be derived from the proposed exchange.
(d) The department will respond in writing to
				  an application made under this section within 60 days after its receipt. The
				  response will indicate whether the department determines that it is in the
				  public interest to negotiate a preliminary exchange agreement under
				  11 AAC 67.230.
Authority:
AS
						38.50.010
AS
						38.50.160
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.220 - State land or interests in state land subject to exchange

Current through May 31, 2024
(a) The state will,
				  in its discretion, exchange land or interests in state land if
(1) the exchange is not inconsistent with a
				  land use plan adopted or amended under
				  AS
				  38.04.065; and
(2) the land is classified under 11 AAC 55
				  and the classification is
(A) agricultural,
				  commercial, industrial, private recreation, reserved use, residential, or
				  utility if classified before September 7, 1983; or
(B) agricultural, reserved use, or
				  settlement, if classified after September 6, 1983.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.230 - Preliminary exchange agreement

Current through May 31, 2024
(a) If, under
				  11 AAC 67.210, the department
				  determines it is in the public interest to pursue the proposed land exchange,
				  the department and the party, or parties, will enter into a preliminary
				  exchange agreement which
(1) accurately
				  identifies the land or interests in land, whether surface or subsurface estate,
				  or both, proposed for exchange by each party;
(2) describes the benefits to be derived by
				  the parties as a result of the exchange;
(3) summarizes each party's responsibilities
				  for conducting the appraisals required by
				  11 AAC 67.240 and specifies the
				  instructions for the appraisals;
(4) contains a proposed timetable for
				  completion of the various stages of the exchange, including the proposed dates
				  for appraisal submission, public notice, hearing, preparation of final exchange
				  agreement, and execution of the exchange;
(5) indicates all costs including, but not
				  limited to, those of any necessary survey and advertising, to be paid by each
				  party to an exchange;
(6) indicates
				  land survey responsibilities, if any;
(7) describes any known improvements
				  constructed on the land proposed to be exchanged;
(8) commits each party to examine the land or
				  interests in land proposed to be exchanged and to identify any known
				  unauthorized entries; and
(9)
				  states that no party may create new third-party interests in the land proposed
				  for exchange until after the exchange is executed, unless otherwise agreed to
				  by all parties to the exchange.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.240 - Appraisal

Current through May 31, 2024
(a) Land or interests in land included in the
				  preliminary exchange agreement must be appraised by a qualified land appraiser
				  acceptable to each party to the proposed exchange.
(b) Each party to the proposed exchange shall
				  pay the cost of appraising the land or interests in land each offers for
				  exchange, unless otherwise agreed by all participating parties.
(c) All parties to the proposed exchange
				  shall review each appraisal upon completion. If a party to the proposed
				  exchange disputes another's appraisal, that party may obtain an appraisal at
				  its own expense, to be completed within a period agreed to by the parties. If
				  the parties do not agree to the values specified in either appraisal, a final
				  appraisal must be obtained from an appraiser acceptable to the parties to the
				  proposed exchange within a period agreed to by the parties, with the cost of
				  the final appraisal shared equally by the parties. If a final appraisal is
				  prepared under this section, it must be used in the final exchange
				  agreement.
(d) For the purposes of
				  this section,
				  AS
				  38.05.840, and
				  AS
				  38.50.020(b), a state
				  appraisal is not completed until it is approved by the department. An appraisal
				  completed by a party to an exchange is completed on the date the appraisal is
				  approved by the other party.
Authority:
AS
						38.05.840
AS 38.50.010
AS
						38.50.160
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.250 - Public hearing

Current through May 31, 2024
(a) A public hearing held under
				  AS
				  38.50.120 will be conducted by the department
				  in person or by teleconference before the execution of the proposed
				  exchange.
(b) The notice prepared
				  under AS
				  38.50.110 will
(1) state the manner in which the department
				  will conduct the public hearing, if one is scheduled; or
(2) provide an opportunity to request a
				  public hearing, if one is not scheduled.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.260 - Final exchange agreement

Current through May 31, 2024
(a) After all
				  requirements of AS 38.50 and
				  11 AAC 67.200 -
				  11 AAC 67.280 have been met, and
				  before the exchange is executed, a final exchange agreement must be entered
				  into by all parties to an exchange.
(b) A final exchange agreement must contain
				  all terms, conditions, and considerations of the proposed exchange, including
(1) final descriptions of the land or
				  interests in the land proposed to be exchanged;
(2) an identification of the instruments by
				  which ownership of the land or interests in land was obtained;
(3) an identification of any taxes and
				  assessments owed on the property and third-party interests including, but not
				  limited to, liens, claims, encumbrances, easements, rights-of-way, leases,
				  reservations, covenants, and other agreements that affect the land to be
				  exchanged, including a declaration of the extent to which these obligations
				  will be discharged or interests extinguished before the proposed exchange is
				  executed;
(4) a detailed accounting
				  of the amount of money or other consideration, if any, to be paid to, or
				  offered by, any party to the proposed exchange to equalize the values of the
				  land or interests in land proposed for exchange; and
(5) the easements, reservations, or other
				  title encumbrances, if any, to be reserved in the final conveyance
				  documents.
(6) Repealed
				  12/27/2012.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.270 - Title insurance

Current through May 31, 2024
The department will, in its discretion, require that the
					 title the state receives be insured, with the state as the named insured, by a
					 title insurance company licensed to do business in Alaska. The department will,
					 in its discretion, accept a title insurance policy with exceptions to complete
					 vesting of title in the owner of the property. The cost of title insurance,
					 unless otherwise agreed, must be paid by the party offering the land or
					 interests in land.
Authority:
AS
						38.50.010
AS
						38.50.160
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8 - Land Exchanges › 11 AAC 67.280 - Execution of exchange

Current through May 31, 2024
(a) No exchange may be executed sooner than
				  30 days after the date the final exchange agreement is signed. The department
				  will convey land or interests in land by patent or quitclaim deed. Other
				  parties to the exchange shall convey land or interests in land by patent,
				  quitclaim deed, or general warranty deed.
(b) A deed executed by an individual grantor
				  must disclose the marital status of the grantor. The spouse of a married
				  grantor must join in the execution of the deed.
(c) A patent or deed executed by a
				  corporation must state that the deed is executed in accordance with a
				  resolution or order by the corporation's board of directors or other governing
				  body. A copy of the resolution or order must accompany the patent or deed, and
				  both must bear the corporate seal.
(d) No special conditions or limitations may
				  be imposed in a final conveyance document unless previously agreed to in
				  writing in the final exchange agreement entered into under
				  11 AAC 67.260, or unless required
				  by law.
Authority:
AS
						38.50.010
AS
						38.50.160
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.800 - Qualifications for remote cabin site

Current through May 31, 2024
(a) An applicant or
				  bidder for a remote recreational cabin site shall submit proof acceptable to
				  the commissioner that the applicant is at least 18 years of age and has been a
				  resident of the state for not less than one year immediately before the date of
				  application or bid.
(b) In a land
				  offering, the commissioner may include remote recreational cabin sites offered
				  at auction as well as remote recreational cabin sites offered via staking
				  authorizations in one or more staking areas. A person will not be awarded more
				  than one remote recreational cabin site in each offering, whether at auction or
				  by a staking authorization lottery. Remote recreational cabin sites offered at
				  auction will be awarded before staking authorizations offered at lottery. An
				  eligible person will be awarded the first remote recreational cabin site for
				  which that person is determined to be the high bidder or a staking
				  authorization for the first staking area for which that person's name is
				  drawn.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.600
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.805 - Designating areas for remote recreational cabin sites

Current through May 31, 2024
Consistent with applicable land use plans and after public
					 review of the proposed decision under
					 AS
					 38.05.035(e), the
					 commissioner will determine surveyed parcels to be offered for sale as remote
					 recreational cabin sites areas, or areas to be opened for staking remote
					 recreational cabin lease sites, along with the number of entries allowed in
					 each area. The department may reopen staking in an area previously open to
					 staking open-to-entry sites, remote parcels, or homesteads.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.600
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.810 - Local review of staking areas

Current through May 31, 2024
(a) This section
				  applies to a remote recreational cabin site staking area within a municipality
				  that exercises platting authority or expects to begin exercising platting
				  authority before the remote recreational cabin sites are platted. When
				  providing notice under
				  AS
				  38.05.945(c) of its proposed
				  decision to open the land for staking, the department will notify the
				  municipality that
(1) the department will not
				  proceed with the proposed opening without a modification of the municipality's
				  plat review process;
(2) the survey
				  plat will not be prepared until three or more years after an applicant stakes a
				  site and receives a lease, and that during that period before the plat is
				  prepared, a lessee might construct permanent improvements and onsite wastewater
				  disposal systems; and
(3) to ensure
				  compliance with applicable platting and onsite wastewater disposal
				  requirements, those requirements must be known before a lease is
				  issued.
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.815 - Offering remote recreational cabin sites

Current through May 31, 2024
(a) Remote
				  recreational cabin sites will be offered competitively.
(b) If a parcel that the commissioner offers
				  as a remote recreational cabin site is already surveyed and platted, it will be
				  offered for sale at a sealed-bid or outcry auction as provided under
				  AS
				  38.05.055. Surveyed and platted parcels are
				  not subject to the size limits set under
				  11 AAC 67.820. After the auction,
				  unsold parcels will be offered over the counter as provided by
				  AS
				  38.05.060. Along with the down payment for a
				  site purchased at an outcry auction or over the counter, or within 30 days
				  after being notified of the award for a site purchased at a sealed-bid auction,
				  the purchaser shall reimburse the state for the cost of surveying, platting,
				  and appraising the site.
(c) Before
				  opening an area to the staking of remote recreational cabin sites, the
				  department will announce a simultaneous filing period in the manner provided
				  for lottery parcels by
				  AS
				  38.05.057(e). An applicant
				  may file only one application per staking area, but may file an application for
				  each area. If there are more applicants for an area than the number of entries
				  to be offered, the winners will be chosen by a lottery drawing. Staking
				  authorizations for the area with the highest ratio of applications to allowable
				  entries will be drawn first. If an applicant files applications for more than
				  one area, the applicant will receive a staking authorization for the first area
				  for which the applicant's name is drawn. A staking authorization for which no
				  application is filed will not immediately be offered over the counter, but may
				  be reoffered at a later time.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.600
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.820 - Staking instructions

Current through May 31, 2024
The department will issue remote recreational cabin site
					 staking instructions, and in those instructions may
(1) require separation between remote
				  recreational cabin sites or from existing private parcels, and setbacks from
				  waters and existing trails;
(2)
				  identify areas that may not be staked or that may be subject to special
				  requirements, such as limits on total water frontage;
(3) identify landmarks, monuments, or other
				  points from which distances are to be measured and that are to be used as
				  points of reference;
(4) prescribe
				  the manner of staking, including staking all corners of the remote recreational
				  cabin site and brushing or flagging all boundary lines;
(5) prescribe a site's maximum size, not to
				  exceed 20 acres, and minimum size, not less than five acres;
(6) establish public access and utility
				  easements to which a remote recreational cabin site is to be subject;
(7) set the date when the applicant may begin
				  staking and the duration of the staking period;
(8) set the date by which the staker must
				  submit a lease application to the department; or
(9) include other requirements specific to
				  the area opened to staking.
Authority:
AS
						38.04.010
AS 38.05.020
AS 38.05.035
AS
						38.05.600
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.825 - Lease application; priority

Current through May 31, 2024
In an area opened to the staking of remote recreational
					 cabin sites, the first applicant to stake a remote recreational cabin site and
					 file a valid lease application has priority over later, conflicting lease
					 applications. The lease application must be accompanied by payment of the lease
					 application fee and the first rental payment, along with
(1) the first quarter's deposit toward the
				  department's survey, platting, and appraisal costs for the site; or
(2) a cash performance bond of $1,000 to
				  ensure the lessee's completion of survey, platting, and appraisal of the site,
				  if the department determines that offering this option is in the state's best
				  interest, and if the applicant chooses it.
Authority:
AS
						38.05.020
AS 38.05.035
AS
						38.05.600
Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 67 - Disposal of Land › Article 8B - Remote Recreational Cabin Sites › 11 AAC 67.830 - Rejection or modification of lease application

Current through May 31, 2024
(a) A lease
				  application may be rejected for reasons including
(1) failure to comply with
				  AS
				  38.05.600,
				  11 AAC 67.800 - 11 AAC 67.850, or
				  a staking instruction issued under
				  11 AAC 67.820; or
(2) conflict with a prior lease application;
				  if a conflict exists but the area is still open to staking, the rejected
				  applicant may stake another remote recreational cabin site.