Enrolled HB 57: Relating to the sale of certain state land to adjacent landowners.
00Enrolled HB 57 01 Relating to the sale of certain state land to adjacent landowners. 02 _______________ 03 * Section 1. AS 38.05.035(b) is amended to read: 04 (b) The director may 05 (1) delegate the administrative duties, functions, or powers imposed 06 upon the director to a responsible employee in the division; 07 (2) grant preference rights for the lease or purchase of state land 08 without competitive bid in order to correct errors or omissions of a state or federal 09 administrative agency when inequitable detriment would otherwise result to a diligent 10 claimant or applicant due to situations over which the claimant or applicant had no 11 control; the exercise of this discretionary power operates only to divest the state of its 12 title to or interests in land and may be exercised only 13 (A) with the express approval of the commissioner; and 14 (B) if the application for the preference right is filed with the 15 director within three years from
01 (i) the occurrence of the error or omission; 02 (ii) the date of acquisition by the state of the land; or 03 (iii) the date of a court decision or settlement nullifying 04 a disposal of state land; 05 (3) grant a preference right to a claimant who shows bona fide 06 improvement of state land or of federal land subsequently acquired by the state and 07 who has in good faith sought to obtain title to the land but who, through error or 08 omission of others occurring within the three years before (A) the application for the 09 preference right, (B) the date of acquisition by the state of the land, or (C) the date of a 10 court decision or settlement nullifying a disposal of state land, has been denied title to 11 it; upon a showing satisfactory to the commissioner, the claimant may lease or 12 purchase the land at the price set on the date of original entry on the land or, if a price 13 was not set at that time at a price determined by the director to fairly represent the 14 value of unimproved land at the time the claim was established, but in no event less 15 than the cost of administration including survey; the error or omission of a predecessor 16 in interest or an agent, administrator, or executor that [WHICH] has clearly 17 prejudiced the claimant may be the basis for granting a preference right; 18 (4) sell land by lottery for less than the appraised value when, in the 19 judgment of the director, past scarcity of land suitable for private ownership in any 20 particular area has resulted in unrealistic land values; 21 (5) when the director determines it is in the best interest of the state 22 and will avoid injustice to a person or the heirs or devisees of a person, dispose of 23 land, by direct negotiation to that person who presently uses and who used and made 24 improvements to that land before January 3, 1959, or to the heirs or devisees of the 25 person; the amount paid for the land shall be its fair market value on the date that the 26 person first entered the land, as determined by the director; a parcel of land disposed 27 of under this paragraph shall be of a size consistent with the person's prior use, but 28 may not exceed five acres; 29 (6) after consulting with the Board of Agriculture and Conservation 30 (AS 03.09.010), dispose of an interest in land limited to use for agricultural purposes 31 by lottery;
01 (7) convey to an adjoining landowner for its fair market value a 02 remnant of land that the director considers unmanageable or a parcel of land created 03 by a highway right-of-way alignment or realignment, or a parcel created by the 04 vacation of a state-owned right-of-way if 05 (A) the director determines that it is in the best interests of the 06 state; 07 (B) the parcel 08 (i) does not exceed the minimum lot size under an 09 applicable zoning code; or 10 (ii) is smaller than 20 acres and is completely 11 enclosed by property owned by the adjacent landowner; and 12 (C) the director and the platting authority having land use 13 planning jurisdiction agree that conveyance of the parcel to the adjoining 14 landowner will result in boundaries that are convenient for the use of the land 15 by the landowner and compatible with municipal land use plans; 16 (8) for good cause extend for up to 90 days the time for rental or 17 installment payments by a lessee or purchaser of state land under this chapter if 18 reasonable penalties and interest set by the director are paid; 19 (9) quitclaim land or an interest in land to the federal government on a 20 determination that the land or the interest in land was wrongfully or erroneously 21 conveyed by the federal government to the state; 22 (10) negotiate the sale or lease of state land at fair market value to a 23 person who acquired by contract, purchase, or lease rights to improvements on the 24 land from another state agency or who leased the land from another state agency.