CSHB 319(FIN) am: "An Act relating to the disposal of state land by lottery; relating to the reservation of rights by the state in land contracts and deeds; relating to the disposal, including sale or lease, of remote recreational cabin sites; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 319(FIN) am 01 "An Act relating to the disposal of state land by lottery; relating to the reservation of 02 rights by the state in land contracts and deeds; relating to the disposal, including sale or 03 lease, of remote recreational cabin sites; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38.05.057(a) is amended to read: 06 (a) The commissioner may dispose of land, including land limited to use for 07 agricultural purposes, by lottery. The purchase price of land sold by lottery shall be 08 the fair market value of the land as determined by the commissioner. The 09 commissioner may sell land by lottery for less than the fair market value of the land on 10 a determination that scarcity of land for private use in the area of the land to be sold 11 has resulted in unrealistic land values. The lottery shall be conducted in public by the 12 commissioner. A purchaser selected by lot shall deposit an amount equal to 10 [FIVE] 13 percent of the purchase price within 30 days after receiving notification of the 14 selection.
01 * Sec. 2. AS 38.05.125(a) is amended to read: 02 (a) Each contract for the sale, lease, or grant of state land, and each deed to 03 state land, properties, or interest in state land, made under AS 38.05.045 - 38.05.120, 04 38.05.321, 38.05.600, 38.05.810 - 38.05.825, AS 38.08, or AS 38.50, except as 05 provided in AS 38.50.050, is subject to the following reservations: "The party of the 06 first part, Alaska, hereby expressly saves, excepts, and reserves out of the grant hereby 07 made, unto itself, its lessees, successors, and assigns forever, all oils, gases, coal, ores, 08 minerals, fissionable materials, geothermal resources, and fossils of every name, kind, 09 or description, and which may be in or upon said land above described, or any part 10 thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, 11 fissionable materials, geothermal resources, and fossils, and it also hereby expressly 12 saves and reserves out of the grant hereby made, unto itself, its lessees, successors, 13 and assigns forever, the right to enter by itself, its or their agents, attorneys, and 14 servants upon said land, or any part or parts thereof, at any and all times for the 15 purpose of opening, developing, drilling, and working mines or wells on these or other 16 land and taking out and removing therefrom all such oils, gases, coal, ores, minerals, 17 fissionable materials, geothermal resources, and fossils, and to that end it further 18 expressly reserves out of the grant hereby made, unto itself, its lessees, successors, and 19 assigns forever, the right by its or their agents, servants, and attorneys at any and all 20 times to erect, construct, maintain, and use all such buildings, machinery, roads, 21 pipelines, powerlines, and railroads, sink such shafts, drill such wells, remove such 22 soil, and to remain on said land or any part thereof for the foregoing purposes and to 23 occupy as much of said land as may be necessary or convenient for such purposes 24 hereby expressly reserving to itself, its lessees, successors, and assigns, as aforesaid, 25 generally all rights and power in, to, and over said land, whether herein expressed or 26 not, reasonably necessary or convenient to render beneficial and efficient the complete 27 enjoyment of the property and rights hereby expressly reserved." 28 * Sec. 3. AS 38.05.600(a) is amended to read: 29 (a) The commissioner may provide for the sale or lease of state land for 30 remote recreational cabin sites. Sales under this section shall be at fair market value 31 determined as of the time of entry by the department or by an appraiser from the
01 list of appraisers approved by the department. Land to be sold under this section 02 shall be surveyed before sale by the department or by a surveyor registered 03 under AS 08.48. The appraisal and survey shall be completed within 24 months 04 of entry. The [, AND THE] purchaser shall pay for the appraisal and survey or 05 reimburse the state for the appraisal, survey, and platting costs for the recreational 06 cabin site. 07 * Sec. 4. AS 38.05.600 is amended by adding new subsections to read: 08 (d) Each year, subject to appropriation from the state land disposal income 09 fund under AS 38.04.022, to implement this section, the commissioner shall 10 (1) prepare a schedule of land offerings under this section and identify 11 the parcels for disposal each year; the land offerings may not include mineral land 12 selected by the state or lands identified by the department as having a high mineral 13 potential; the department's identification of land having a high mineral potential shall 14 be based on standards adopted by the department in regulations and shall include 15 consideration of a geophysical survey or geological evaluation, if any, that was 16 conducted within 15 calendar years before the year for which the schedule is prepared; 17 (2) provide public notice of the proposed land offerings; and 18 (3) disclose all land offerings with mineral potential. 19 (e) The commissioner may solicit nominations each year from the residents of 20 the state for areas to be offered for disposal under this program. The commissioner 21 may add areas nominated by a resident to the schedule prepared under (d) of this 22 section if the land is classified for disposal or the disposal is consistent with other 23 requirements of AS 38.04 and this chapter. 24 (f) A resident may nominate a parcel for disposal under this section and, if the 25 resident has not leased or purchased land under this section during the three-year 26 period preceding the date of nomination, may apply for a lease for the nominated 27 parcel under (b) of this section. 28 (g) A parcel sold under this section may not exceed 10 acres. A parcel sold 29 under this section may include lake, river, or other navigable water frontage, subject to 30 the following limitations: 31 (1) the lake, river, or other navigable water frontage must be at least
01 300 feet and may not exceed 700 feet; 02 (2) only one parcel with frontage on a lake may be sold under this 03 section for each five acres of water of that lake unless, in the public interest, the 04 commissioner adopts a regulation indicating a different ratio of water to each parcel 05 with frontage; and 06 (3) a parcel sold under this section is subject to 16 U.S.C. 3101(d) and 07 16 U.S.C. 3213 (Alaska National Interest Lands Conservation Act). 08 (h) In this section, "resident" means a person who 09 (1) is physically present in the state with the intent to remain in the 10 state indefinitely and to make a home in the state; 11 (2) has maintained the person's domicile in the state for the 12 12 consecutive months immediately preceding the nomination of a parcel or area for 13 disposal; 14 (3) is not claiming residency in another state, territory, or country; and 15 (4) is not obtaining benefits under a claim of residency in another state, 16 territory, or country. 17 (i) Nothing in this section shall impede the state's authority under existing law 18 to reserve a public easement allowing public access to, or along, a river, lake, or other 19 water described in this section. 20 *Sec. 5. AS 38.05.600(f), as enacted in sec. 4 of this Act, takes effect January 1, 2005.