SB 179: "An Act relating to conveyance of tide and submerged land to municipalities."
00SENATE BILL NO. 179 01 "An Act relating to conveyance of tide and submerged land to municipalities." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 38.05.825(a) is amended to read: 04 (a) Unless the commissioner identifies a specific state use or statutory 05 reservation of the land and finds that the public interest in retaining state ownership 06 of the land for that use clearly outweighs the municipality's interest in obtaining the 07 land, the commissioner shall convey to a municipality tide or submerged land 08 requested by the municipality [THAT IS OCCUPIED OR SUITABLE FOR 09 OCCUPATION AND DEVELOPMENT] if the 10 (1) land is within or contiguous to the boundaries of the municipality; 11 (2) ownership [USE] of the land by the municipality would not 12 unreasonably interfere with navigation or public access; 13 (3) municipality has requested [APPLIED TO THE COMMISSIONER 14 FOR] conveyance of the land under this section; and
01 (4) land is not subject to a shore fisheries lease under AS 38.05.082, 02 or, if the land is subject to a shore fisheries lease, the commissioner determines it is 03 in the best interests of the state to convey the land [; 04 (5) LAND IS CLASSIFIED FOR WATERFRONT DEVELOPMENT 05 OR FOR ANOTHER USE THAT IS CONSISTENT OR COMPATIBLE WITH THE 06 USE PROPOSED BY THE MUNICIPALITY, OR THE PROPOSED USE OF THE 07 LAND IS CONSISTENT OR COMPATIBLE WITH A LAND USE PLAN ADOPTED 08 BY THE MUNICIPALITY, THE DEPARTMENT, OR THE ALASKA COASTAL 09 POLICY COUNCIL; AND 10 (6) LAND 11 (A) IS REQUIRED FOR THE ACCOMPLISHMENT OF A 12 PUBLIC OR PRIVATE DEVELOPMENT APPROVED BY THE 13 MUNICIPALITY; 14 (B) IS THE SUBJECT OF A LEASE FROM THE STATE TO 15 THE MUNICIPALITY; OR 16 (C) HAS BEEN APPROVED FOR LEASE TO THE 17 MUNICIPALITY]. 18 * Sec. 2. AS 38.05.825(c) is amended to read: 19 (c) Upon receipt of an application, the commissioner shall determine whether 20 the requested conveyance meets the requirements of this section and issue a written 21 decision regarding that determination. Upon a determination that the requirements 22 have been met, the commissioner shall approve the conveyance of the land to the 23 municipality and convey title to the municipality. If the commissioner fails to issue 24 a decision within 90 days of receipt of the request, the request of the municipality 25 shall be considered granted, and the commissioner shall convey title to the 26 municipality . After conveyance of title to the municipality [IS APPROVED], the 27 municipality has management authority of the land and may lease , develop, or sell the 28 land . If the land to be conveyed has not been surveyed, the municipality shall 29 provide the commissioner with a proposed legal description of the property to be 30 conveyed. Conveyance shall be based upon that description unless the 31 commissioner can show defects in the description. Any property conveyed
01 without prior survey must be surveyed and, if necessary, resubdivided before its 02 lease, development, or sale [, BUT MAY NOT SELL IT]. The cost of any required 03 [THE] survey and all subdivision or other platting required for lease, development, 04 or sale [CONVEYANCE] shall be borne by the municipality.