Sec. 38.95.210. Enforcement of rights by department.
(a) When the Department of Natural Resources is informed or has reason to believe that real property has escheated to the state, the department shall bring an action in superior court to establish whether the property has escheated to the state. (b) The department may maintain an action to recover the possession of escheated property, […]
Sec. 38.95.220. Judgment of escheat.
(a) If the superior court determines that the real property has escheated to the state, the superior court shall issue a judgment of escheat. (b) A court order approving settlement of an estate that distributes real property to the state is a judgment of escheat.
Sec. 38.95.230. Management of escheated real property by department.
(a) After a judgment of escheat under AS 38.95.220, the department may sell, lease, exchange, assign, or otherwise manage real property that has escheated to the state. In determining the proper disposition of escheated real property the department shall, within two years after the judgment of escheat under AS 38.95.220, make a written finding that […]
Sec. 38.95.240. Time within which to claim escheated real property.
(a) Within seven years after a judgment of escheat under AS 38.95.220, a person who is not a party to the escheat proceeding may bring an action in the superior court to prove the person’s claim to the real property. If the plaintiff establishes the claim and establishes that the plaintiff had no knowledge of […]
Sec. 38.95.250. Proceeds of sale or redemption.
(a) The department shall deposit the proceeds of real property sold under AS 38.95.230(a)(1) less the expenses of sale, including attorney fees and appraisal and publication costs, in an escheated real property trust account. The department shall maintain the proceeds in the account for a period of at least seven years after the date of […]
Sec. 38.95.260. Disposition of sale proceeds seven years after the judgment of escheat.
Seven years after the judgment of escheat, net proceeds from the sale of escheated real property may be transferred from the escheated real property trust account to the general fund and credited to the land disposal income account under AS 38.04.022, unless a person who was the owner or one of the owners of the […]
Sec. 38.35.200. Judicial review.
(a) An applicant or competing applicant or a person who has a direct financial interest affected by the lease who raises objections within 60 days of the publication of notice under AS 38.35.070 are the only persons with standing to seek judicial review of a decision of the commissioner under AS 38.35.100. (b) The only […]
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. 38.35.205. Lease savings clause.
A judicial finding that any term or condition of a right-of-way lease issued under this chapter is unlawful or invalid may not operate to invalidate the lease or any other term or condition of the lease.
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 […]