HB 20: "An Act relating to rights in certain tide and submerged land."
00HOUSE BILL NO. 20 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 is amended by adding a new section to read: 04 Sec. 38.05.825. CONVEYANCE OF TIDE AND SUBMERGED LAND TO 05 MUNICIPALITIES. (a) Unless the commissioner finds that the public interest in 06 retaining state ownership of the land clearly outweighs the municipality's interest in 07 obtaining the land, the commissioner shall convey to a municipality tide or submerged 08 land requested by the municipality that is occupied or suitable for occupation and 09 development if the 10 (1) use of the land would not unreasonably interfere with navigation 11 or public access; 12 (2) municipality has applied to the commissioner for conveyance of the 13 land under this section; 14 (3) land is classified for waterfront development or for another use that
01 is consistent or compatible with the use proposed by the municipality, or the proposed 02 use of the land is consistent or compatible with a land use plan adopted by the 03 municipality, the department, or the Alaska Coastal Policy Council; and 04 (4) land 05 (A) is required for the accomplishment of a public or private 06 development approved by the municipality; 07 (B) is the subject of a lease from the state to the municipality; 08 or 09 (C) has been approved for lease to the municipality. 10 (b) The commissioner may not convey land under this section that has been 11 designated by statute unless the commissioner determines that the proposed use is 12 consistent or compatible with the purpose of the statutory designation. If land 13 designated by statute is conveyed, uses of the land after conveyance are restricted to 14 those uses determined by the commissioner to be consistent or compatible with the 15 purpose of the designation. 16 (c) Upon receipt of an application, the commissioner shall determine whether 17 the requested conveyance meets the requirements of this section and issue a written 18 decision regarding that determination. Upon a determination that the requirements 19 have been met, the commissioner shall approve the conveyance of the land to the 20 municipality. After conveyance to the municipality is approved, the municipality has 21 management authority of the land and may convey the land by lease or sale. The cost 22 of the survey and all subdivision or other platting required for conveyance shall be 23 borne by the municipality. 24 (d) A conveyance under this section may contain only those restrictions 25 required by law, including AS 38.05.127 and (b) of this section. Land conveyed is 26 subject to the public trust doctrine that may be enforced by the state in a court of 27 competent jurisdiction. The municipality shall be required to ensure that reasonable 28 access to public waters is provided. Title to land conveyed under this section that is 29 retained by the municipality reverts to the state upon the dissolution of the 30 municipality. 31 (e) This section does not enlarge or diminish the general grant land entitlement
01 of a municipality under AS 29.65, nor is a conveyance under this section counted 02 against the municipality's general grant land entitlement.