Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 17 - Community Planning › Chapter 190 - Municipal Trust Land › Article 5 - Disposal by State of Municipal Trust Land › 3 AAC 190.460 - Waiver of fair market value requirement

Current through May 31, 2024
The commissioner will, in his or her discretion, and with
					 the specific approval of the recognized village entity or the village residents
					 as provided in
					 3 AAC 190.110 -
					 3 AAC 190.290, make a written waiver, in whole or in
					 part, of the fair market value requirements of
					 3 AAC 190.450 as to the disposal of specific parcels of
					 municipal trust land. If the disposal is to the recognized village entity, the
					 entity's resolution requesting the disposal constitutes the necessary approval.
					 A waiver of the fair market value requirement will, in the commissioner's
					 discretion, be made under the following circumstances and subject to the
					 following terms and conditions:
(1)
Disposal for public or charitable purposes.
No waiver under this
				  paragraph is effective unless it sets out with specificity the public or
				  charitable purpose of the proposed use of the parcel for which disposal is
				  proposed. When a parcel is disposed of pursuant to a waiver under this
				  paragraph, the deed, lease, or other document of conveyance issued by the
				  commissioner is valid only if it contains a condition subsequent which insures
				  that if the land is used for any purpose other than the purpose set out in the
				  condition, title and all other interests automatically revert to the state in
				  trust or to any successor municipality established in the Native village in the
				  future.
(2)
Disposal for
				  village relocation or reestablishment purposes.
A waiver under this
				  paragraph is not effective except as to land conveyed to a person who is a
				  resident or occupant of the Native village at the time of a general relocation
				  or reestablishment of the village as determined and approved by the recognized
				  village entity or the village residents as provided in
				  3 AAC 190.110 -
				  3 AAC 190.290. The grantee shall, however, reimburse the
				  state in trust for expenses that the state incurs related to the disposal,
				  which are accounted for under
				  3 AAC 190.480.
(3)
Disposal based upon equitable
				  interest.
A waiver under this paragraph is not effective except as to a
				  parcel of land conveyed to a person who has a valid claim of equitable interest
				  in improvements located upon that parcel which is recognized under
				  3 AAC 190.470. The grantee shall, however, reimburse the
				  state in trust for expenses that the state incurs related to the disposal which
				  are accounted for under
				  3 AAC 190.480.
(4)
Disposal to village residents for
				  residential expansion purposes.
A waiver under this paragraph is not
				  effective except as to a parcel of land conveyed to, or for the benefit of, a
				  bona fide village resident, as defined by 3 AAC 190.900, of the respective
				  Native village who seeks the parcel for development and use as a personal place
				  of residence. The grantee shall reimburse the state in trust for expenses that
				  the state incurs related to the disposal, which shall be accounted for under
				  3 AAC 190.480. If a parcel of municipal trust land is
				  disposed of under a waiver under this paragraph, the deed, lease, or other
				  document of conveyance issued by the commissioner will contain a condition
				  subsequent that insures that if the land is used for any use other than
				  residential use during a period of 10 years after the disposal, title reverts
				  to the state in trust or to any successor municipality established in the
				  Native village in the future.
Authority:
AS
						44.33.755