Sec. 34.55.004. Administration.
This chapter shall be administered by the department.
Sec. 34.55.006. Fraudulent and prohibited practices.
It is unlawful for a person, in connection with the offer, sale, or purchase of subdivided land directly or indirectly, to knowingly (1) employ a device, scheme, or artifice to defraud; (2) make an untrue statement of a material fact or omit a statement of a material fact necessary in order to make the statements […]
Sec. 34.55.008. Prohibitions on dispositions of interests in subdivisions.
Unless the subdivided land or the transaction is exempt under AS 34.55.042, (1) a person may not offer or dispose of in this state an interest in subdivided land before the time the subdivided land is registered in accordance with this chapter; (2) a person may not dispose of an interest in subdivided land unless […]
Sec. 34.55.010. Application for registration.
(a) The application for registration of subdivided land shall be filed as prescribed by the department’s regulations and must contain the following documents and information: (1) an irrevocable appointment of the department to receive service of lawful process in a noncriminal proceeding arising under this chapter against the applicant or personal representative of the applicant; […]
Sec. 34.55.012. Public offering statement.
(a) A public offering statement must disclose fully and accurately the physical characteristics of the subdivided land offered and must make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided land. The proposed public offering statement submitted to the department must be in a form prescribed by its regulations and […]
Sec. 34.55.014. Inquiry and examination.
Upon receipt of an application for registration in proper form, the department shall immediately initiate an examination to determine that (1) the subdivider can convey or cause to be conveyed the interest in subdivided land offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances […]
Sec. 34.55.016. Notice of filing and registration.
(a) Upon receipt of the application for registration in proper form, the department shall issue a notice of filing to the applicant. Within 90 days from the date of the notice of filing, the department shall enter an order registering the subdivided land or rejecting the registration. If no order of rejection is entered within […]
Sec. 34.55.018. Annual report.
(a) Within 30 days after each annual anniversary date of an order registering subdivided land, the subdivider shall file a report in the form prescribed by the regulations of the department. The report must reflect material changes in information contained in the original application for registration. (b) The department at its option may permit the […]
Sec. 34.55.020. General powers and duties.
(a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act). The regulations must include but not be limited to provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonably to assure that all improvements referred to in the application for registration and advertising […]
Sec. 34.55.022. Investigations and proceedings.
(a) The department may (1) make necessary public or private investigations inside or outside this state to determine whether a person has violated or is about to violate this chapter or a regulation or order under this chapter or to aid in the enforcement of this chapter or in the adoption of regulations and forms […]
Sec. 34.55.024. Cease and desist orders.
(a) The department may issue an order requiring the person to cease and desist from the unlawful practice and to take affirmative action that in the judgment of the department will carry out the purposes of this chapter, if it determines after notice and hearing that a person has (1) violated a provision of this […]
Sec. 34.55.026. Revocation.
(a) A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has (1) failed to comply with the terms of a cease and desist order; (2) been convicted in a court subsequent to the filing of the application for registration for a crime involving fraud, deception, false […]
Sec. 34.55.028. Penalties.
(a) A person who wilfully violates AS 34.55.006 or 34.55.008 is, upon conviction, punishable by a fine of not more than $50,000, or by imprisonment for not less than one year nor more than five years, or by both fine and imprisonment. (b) A violation of this chapter other than as provided in (a) of […]
Sec. 34.55.030. Civil remedy.
(a) A person who disposes of subdivided land in violation of AS 34.55.006 or 34.55.008 is liable as provided in this section to the purchaser unless in the case of an untruth or omission it is proved that the purchaser knew of the untruth or omission or that the person offering or disposing of subdivided […]
Sec. 34.55.032. Jurisdiction.
A disposition of subdivided land is subject to this chapter, and the superior court of this state has jurisdiction in claims or causes of action arising under this chapter if (1) the subdivider’s principal office is located in this state; (2) an offer or disposition of subdivided land is made in this state, whether or […]
Sec. 34.55.034. Interstate rendition.
In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
Sec. 34.55.036. Service of process.
(a) In addition to the methods of service provided for in the Rules of Civil Procedure, service may be made by delivering a copy of the process to the department, but it is not effective unless (1) the plaintiff, which may be the department in a proceeding instituted by it, immediately sends a copy of […]
Sec. 34.55.038. Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Sec. 34.55.042. Exemptions.
(a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land (1) by a purchaser of subdivided land for the account of the purchaser in a single or isolated transaction; (2) if […]
Sec. 34.55.044. Definitions.
In this chapter, unless the context otherwise requires, (1) “department” means Department of Commerce, Community, and Economic Development; (2) “disposition” includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit; (3) “offer” includes every inducement, solicitation, or attempt to encourage a person to acquire an […]