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Home » US Law » 2022 Alaska Statutes » Title 38. Public Land » Chapter 50. Exchange of State Land

Sec. 38.50.010. Authorization and procedure for exchange of state land.

(a) When it is in the best interest of the state, and subject to the requirements of this chapter and the notice provisions of AS 38.05.945, the director may, with the consent of the commissioner, dispose of state land or interest in land, including the land estate, the mineral estate, or both, by exchanging it […]

Sec. 38.50.030. Parties.

(a) The director may exchange land and interests in land with a government agency, organization, corporation, individual, or other person. At the beginning of discussions concerning a proposed exchange, the director shall require proof that each party to the negotiations is the owner of, or is legally entitled to, the property which the party desires […]

Sec. 38.50.050. Conveyance of mineral rights.

Subject to the requirements of this chapter, the director is authorized to exchange mineral rights in state land to the extent that the conveyance is authorized by the state constitution and applicable federal law.

Sec. 38.50.060. Reservations and covenants.

The director may include in any patent or other instrument issued under this chapter any reservations and covenants relating to the land which the director considers necessary to protect or promote the public interest. Reservations and covenants may include, but are not limited to, those relating to access, environmental protection, and use or development rights. […]

Sec. 38.50.070. Valid existing rights.

Conveyances made by the state under this chapter are subject to valid existing rights, including contracts, permits, leases, rights-of-way, and easements. Unless jurisdiction is waived, the appropriate state agency shall continue to administer valid existing rights, and revenue derived from the existing rights continue to accrue to the state until state land is conveyed under […]

Sec. 38.50.080. Prohibition against future consideration.

(a) The director may not negotiate or enter into a land exchange agreement which requires the identification of land, interest in land, or other consideration, except for the performance of necessary survey work, at any time after the agreement is initially executed. (b) [Repealed, § 13 ch 57 SLA 2016.]

Sec. 38.50.120. Public hearings.

(a) For an exchange of state land having an appraised or estimated fair market value of more than $5,000,000, the director shall hold at least two public meetings before the exchange is submitted to the legislature for approval. Meetings under this subsection may be held telephonically, except at least one meeting shall be held in […]

Sec. 38.50.140. Legislative review.

Within 10 days after the convening of a regular legislative session, the governor shall transmit to the president of the senate and the speaker of the house of representatives any proposal for a land exchange required to be submitted to the legislature for approval under AS 38.50.010 that is scheduled to occur before the next […]

Sec. 38.50.150. Execution of exchange.

If a deed, contract of exchange, or other instrument of conveyance which the director receives to effectuate an exchange is properly executed, acknowledged, and authorized by the appropriate party, the director shall accept conveyance of title to the land and other property which the state is to receive as consideration, and shall issue a patent, […]

Sec. 38.50.160. Regulations.

The commissioner may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the purposes of this chapter.

Sec. 38.50.170. Definitions.

In this chapter, unless otherwise specified, (1) “commissioner” means the commissioner of natural resources; (2) “director” means the director of the division of lands; (3) “state land” means all land, including shoreland, tideland, and submerged land or unsevered resources belonging to or acquired by the state excluding interests in land severed or constructively severed from […]