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HB 320: "An Act relating to the sale of certain state land for use as remote recreational cabin sites."

00                             HOUSE BILL NO. 320                                                                          
01 "An Act relating to the sale of certain state land for use as remote recreational cabin                                 
02 sites."                                                                                                                 
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 38.05.125(a) is amended to read:                                                                   
05            (a)  Each contract for the sale, lease, or grant of state land, and each deed to                             
06       state land, properties, or interest in state land, made under AS 38.05.045 - 38.05.120,                           
07       38.05.321, 38.05.600, 38.05.610, 38.05.810 - 38.05.825, AS 38.08, or AS 38.50,                            
08       except as provided in AS 38.50.050, is subject to the following reservations: "The                            
09       party of the first part, Alaska, hereby expressly saves, excepts, and reserves out of the                     
10       grant hereby made, unto itself, its lessees, successors, and assigns forever, all oils,                           
11       gases, coal, ores, minerals, fissionable materials, geothermal resources, and fossils of                          
12       every name, kind, or description, and which may be in or upon said land above                                 
13       described, or any part thereof, and the right to explore the same for such oils, gases,                           
14       coal, ores, minerals, fissionable materials, geothermal resources, and fossils, and it                            
01       also hereby expressly saves and reserves out of the grant hereby made, unto itself, its                           
02       lessees, successors, and assigns forever, the right to enter by itself, its or their agents,                      
03       attorneys, and servants upon said land, or any part or parts thereof, at any and all times                        
04       for the purpose of opening, developing, drilling, and working mines or wells on these                             
05       or other land and taking out and removing therefrom all such oils, gases, coal, ores,                             
06       minerals, fissionable materials, geothermal resources, and fossils, and to that end it                            
07       further expressly reserves out of the grant hereby made, unto itself, its lessees,                                
08       successors, and assigns forever, the right by its or their agents, servants, and attorneys                    
09       at any and all times to erect, construct, maintain, and use all such buildings,                                   
10       machinery, roads, pipelines, powerlines, and railroads, sink such shafts, drill such                              
11       wells, remove such soil, and to remain on said land or any part thereof for the                                   
12       foregoing purposes and to occupy as much of said land as may be necessary or                                      
13       convenient for such purposes hereby expressly reserving to itself, its lessees,                                   
14       successors, and assigns, as aforesaid, generally all rights and power in, to, and over                            
15       said land, whether herein expressed or not, reasonably necessary or convenient to                                 
16       render beneficial and efficient the complete enjoyment of the property and rights                                 
17       hereby expressly reserved."                                                                                       
18    * Sec. 2. AS 38.05 is amended by adding a new section to article 15 read:                                          
19            Sec. 38.05.610. Remote recreational cabin staking program. (a)                                             
20       Notwithstanding AS 38.04, AS 38.05.045 - 38.05.069, and in addition to the                                        
21       procedures established by the commissioner for the sale or lease of remote recreational                           
22       cabin sites under AS 38.05.600, the commissioner shall, at the request of a prospective                           
23       purchaser, sell state land for a remote recreational cabin site if the land and the                               
24       purchaser meet the requirements of this section and the sale is consistent with the                               
25       public interest. The purchase price of the land must be the fair market value of the land                         
26       as determined by appraisal under this section.                                                                    
27            (b)  To apply to purchase a parcel under this section, a prospective purchaser                               
28       shall stake the desired parcel. Within 30 days after staking the parcel, the prospective                          
29       purchaser shall apply to the commissioner to purchase the parcel, certifying that the                             
30       prospective purchaser is qualified under this section. Within 30 days after receipt of an                         
31       application, the commissioner shall determine whether the application is complete and                             
01       the prospective purchaser is qualified to purchase a parcel under this section, and shall                         
02       notify the prospective purchaser. If the parcel is unencumbered and available for sale                            
03       under this section, the commissioner shall issue a deed within 30 days after payment                              
04       of the purchase price of the parcel.                                                                              
05            (c)  A parcel sold under this section may not exceed two and one-half acres. A                               
06       parcel sold under this section may include lake, river, or other navigable water                                  
07       frontage, subject to the following limitations:                                                                   
08                 (1)  the lake, river, or other navigable water frontage must be at least                                
09       300 feet and may not exceed 400 feet;                                                                             
10                 (2)  only one parcel with frontage on a lake may be sold under this                                     
11       section for each 10 acres of water of that lake; and                                                              
12                 (3)  a parcel sold under this section with frontage on a river must be                                  
13       located at least two meander miles from any other parcel with river frontage sold                                 
14       under this section.                                                                                               
15            (d)  State land classified for retention in state ownership and state land selected                          
16       by a municipality may not be sold under this section.                                                             
17            (e)  To qualify to purchase land under this section, a prospective purchaser                                 
18                 (1)  shall be 18 years of age or older at the time of application ;                                     
19                 (2)  shall be a state resident as defined in AS 43.23.095 for at least one                              
20       year immediately preceding the date of application and shall submit proof of residency                            
21       as required by regulation; and                                                                                    
22                 (3)  may not have purchased land previously under this section.                                         
23            (f)  Sales under this section shall be at fair market value determined as of the                             
24       time of entry by the department or by an appraiser from the list of appraisers approved                           
25       by the department. Before land may be sold under this section, it must be surveyed by                             
26       the department or by a surveyor registered under AS 08.48. The appraisal and survey                               
27       shall be completed within 12 months of entry. The purchaser shall pay for the                                     
28       appraisal and survey or reimburse the state for the appraisal, survey, and platting costs                         
29       for the recreational cabin site. Sales under this section may be at public or private sale.