CSHB 331(RES): "An Act relating to mining; and providing for an effective date."
00CS FOR HOUSE BILL NO. 331(RES) 01 "An Act relating to mining; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 38.05.130 is amended to read: 04 Sec. 38.05.130. DAMAGES AND POSTING OF BOND. Except for entry 05 to post mining location corners under AS 38.05.195, 38.05.205, or 38.05.245, rights 06 [RIGHTS] may not be exercised by the state, its lessees, successors, or assigns under 07 the reservation as set out in AS 38.05.125 until the state, its lessees, successors, or 08 assigns make provision to pay the owner of the land full payment for all damages 09 sustained by the owner [,] by reason of entering upon the land. If the owner for any 10 cause refuses or neglects to settle the damages, the state, its lessees, successors, 11 assigns, or an applicant for a lease or contract from the state for the purpose of 12 prospecting for valuable minerals, or option, contract, or lease for mining coal or lease 13 for extracting geothermal resources, petroleum, or natural gas, may enter upon the land 14 in the exercise of the reserved rights after posting a surety bond determined by the
01 director, after notice and an opportunity to be heard, to be sufficient as to form, 02 amount, and security to secure to the owner payment for damages, and may institute 03 legal proceedings in a court where the land is located, as may be necessary to 04 determine the damages that [WHICH] the owner may suffer. 05 * Sec. 2. RETROSPECTIVE EFFECT. The amendment made by this Act is retroactive 06 to May 2, 1959, the effective date of ch. 169, SLA 1959, and applies to exempt the state, its 07 lessees, successors, and assigns, including but not limited to an applicant for a lease or 08 contract from the state for the purpose of prospecting for valuable minerals, or an applicant 09 for an option, contract, or lease for mining coal or lease for extracting geothermal resources, 10 petroleum, or natural gas, from liability for damages sustained by a landowner by reason of 11 an entry upon the land under AS 38.05.130 to post mining location corners when the entry on 12 the land is authorized by AS 38.05.195, 38.05.205, or 38.05.245 and the entry on the land was 13 made on or after May 2, 1959. 14 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).