HB 398: "An Act relating to rights in certain tide and submerged land."
00HOUSE BILL NO. 398 01 "An Act relating to rights in certain tide and submerged land." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 38.05.820(b) is amended to read: 04 (b) A home [HOME] rule, [CITIES AND CITIES OF THE] first class, or 05 second class city [INCORPORATED ON OR BEFORE APRIL 1, 1964,] may apply, 06 in the manner prescribed by the director, and in accordance with [SUCH] regulations 07 that [AS] the director may adopt, for a conveyance [TO THEM] of all land seaward 08 of the city that [HOME RULE CITIES AND CITIES OF THE FIRST CLASS 09 WHICH] is between the mean high tide line in, or forming the boundary of, the city 10 [HOME RULE CITIES AND CITIES OF THE FIRST CLASS,] and a line to be 11 shown on a plat made a part of the application that [WHICH] shall be the pierhead 12 line established under the Act of September 7, 1957, or the harbor line established 13 under the Act of March 3, 1899, or if no pierhead line or harbor line is established 14 then a line subject to approval by the director, with the concurrence of the
01 commissioner, that [WHICH] shall be seaward of all tide and submerged land 02 occupied or suitable for occupation and development without unreasonable interference 03 with navigation. The director shall convey that tide and submerged land to the city 04 [HOME RULE CITIES AND CITIES OF THE FIRST CLASS]. Applications by 05 preference right claimants filed with the director before June 30, 1964, shall continue 06 to be processed to a final determination and conveyance, if any, by the director, if the 07 [SUCH] preference right claimants are entitled to a conveyance from the director under 08 the laws existing previous to July 22, 1964. 09 (1) Each home rule, first class, and second class city [AND CITY OF 10 THE FIRST CLASS] granted a conveyance shall prepare an official subdivision plat 11 of the area conveyed showing all structures and improvements and the boundaries of 12 each tract occupied or developed, together with the name of the owner or claimant. 13 The subdivisional plat must [SHALL] include within the boundaries of each tract 14 occupied or developed the [SUCH] surrounding tide and submerged land that [AS] 15 is reasonably necessary in the opinion of the governing body of the city [HOME 16 RULE CITIES AND CITIES OF THE FIRST CLASS] for the use and enjoyment of 17 the structures and improvements by the owner or claimant, but may [SHALL] not 18 include tide or submerged land that [WHICH] if granted to the occupant would 19 unjustly deprive an occupant of adjoining land from reasonable use and enjoyment of 20 it. 21 (2) An occupant of land included in the conveyance to a home rule, 22 [CITIES AND CITIES OF THE] first class, or second class city who occupied or 23 developed the land on and before September 7, 1957, has a class I preference right to 24 the land from the city [HOME RULE CITIES AND CITIES OF THE FIRST CLASS] 25 upon the execution of a waiver to the state and the city [HOME RULE CITIES AND 26 CITIES OF THE FIRST CLASS] of all rights the occupant may have acquired under 27 Public Law 85-303 (71 Stat. 623). 28 (3) An occupant of land included in the conveyance to a home rule, 29 [CITIES AND CITIES OF THE] first class, or second class city who has a class II 30 preference right by reason of the conveyance to the city [HOME RULE CITIES AND 31 CITIES OF THE FIRST CLASS], and is unwilling to waive the right has a preference
01 right to the land that [WHICH] it is mandatory for the city [HOME RULE CITIES 02 AND CITIES OF THE FIRST CLASS] to expeditiously honor upon application from 03 the occupant after the Secretary of Defense [THE ARMY] has submitted to the 04 Secretary of the Interior and the governor of the state maps showing the pierhead line 05 established by the corps of engineers with respect to the tract so granted. 06 (4) An occupant of land included in the conveyance to a home rule, 07 [CITIES AND CITIES OF THE] first class, or second class city who occupied or 08 developed the land after September 7, 1957, and before January 3, 1959, and who 09 continued to occupy it on January 3, 1959, has a class III preference right to the land 10 from the city [HOME RULE CITIES AND CITIES OF THE FIRST CLASS]. 11 (5) In making a conveyance to an occupant, the home rule, [CITIES 12 AND CITIES OF THE] first class, or second class city shall include as a part of the 13 tract conveyed and in addition to the occupied or developed land, the [SUCH] 14 additional tide and submerged land that [AS] is reasonably necessary in the opinion 15 of the governing body of the city [HOME RULE CITIES AND CITIES OF THE 16 FIRST CLASS] for the occupant's use and enjoyment of the occupied or developed 17 land, but the conveyance may [SHALL] not include any area that [WHICH] would 18 unjustly deprive an occupant of adjoining land from reasonable use and enjoyment of 19 it or that [WHICH], if developed, will interfere with navigation. 20 (6) Each home rule, [CITY AND CITY OF THE] first class, and 21 second class city receiving conveyances shall by ordinance provide for reasonable 22 regulations governing the filing and processing of applications, publication of notices, 23 and the adjudication of disputes between claimants by the governing body of the city 24 [HOME RULE CITIES AND CITIES OF THE FIRST CLASS]. A party aggrieved 25 by its determination may appeal to the superior court. 26 (7) When no preference right has been granted to purchase or lease 27 tideland, the home rule, [CITIES AND CITIES OF THE] first class, or second class 28 city may sell or lease the tideland conveyed to them, and may impose terms or 29 conditions for the sale or lease. The [SUCH] terms and conditions shall include the 30 [SUCH] reservation of rights-of-way that [AS] are necessary to provide reasonable 31 access to public waters.