CSSB 56(CRA): "An Act relating to rights in certain tide and submerged land; and providing for an effective date."
00CS FOR SENATE BILL NO. 56(CRA) 01 "An Act relating to rights in certain tide and submerged land; and providing for 02 an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 38.05 is amended by adding a new section to read: 05 Sec. 38.05.825. CONVEYANCE OF TIDE AND SUBMERGED LAND TO 06 MUNICIPALITIES. (a) Unless the commissioner finds that the public interest in 07 retaining state ownership of the land clearly outweighs the municipality's interest in 08 obtaining the land, the commissioner shall convey to a municipality tide or submerged 09 land requested by the municipality that is occupied or suitable for occupation and 10 development if the 11 (1) use of the land would not unreasonably interfere with navigation 12 or public access; 13 (2) municipality has applied to the commissioner for conveyance of the 14 land under this section;
01 (3) land is classified for waterfront development or for another use that 02 is consistent or compatible with the use proposed by the municipality, or the proposed 03 use of the land is consistent or compatible with a land use plan adopted by the 04 municipality, the department, or the Alaska Coastal Policy Council; and 05 (4) land 06 (A) is required for the accomplishment of a public or private 07 development approved by the municipality; 08 (B) is the subject of a lease from the state to the municipality; 09 or 10 (C) has been approved for lease to the municipality. 11 (b) The commissioner may not convey land under this section that has been 12 designated by statute unless the commissioner determines that the proposed use is 13 consistent or compatible with the purpose of the statutory designation. If land 14 designated by statute is conveyed, uses of the land after conveyance are restricted to 15 those uses determined by the commissioner to be consistent or compatible with the 16 purpose of the designation. 17 (c) Upon receipt of an application, the commissioner shall determine whether 18 the requested conveyance meets the requirements of this section and issue a written 19 decision regarding that determination. Upon a determination that the requirements 20 have been met, the commissioner shall approve the conveyance of the land to the 21 municipality. After conveyance to the municipality is approved, the municipality has 22 management authority of the land and may convey the land by lease or sale. The cost 23 of the survey and all subdivision or other platting required for conveyance shall be 24 borne by the municipality. 25 (d) A conveyance under this section may contain only those restrictions 26 required by law, including AS 38.05.127 and (b) of this section. Land conveyed is 27 subject to the public trust doctrine that may be enforced by the state in a court of 28 competent jurisdiction. The municipality shall be required to ensure that reasonable 29 access to public waters is provided. Title to land conveyed under this section that is 30 retained by the municipality reverts to the state upon the dissolution of the 31 municipality.
01 (e) This section does not enlarge or diminish the general grant land entitlement 02 of a municipality under AS 29.65, nor is a conveyance under this section counted 03 against the municipality's general grant land entitlement. 04 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).