SB 330: "An Act relating to the sale of state land at auction."
00 SENATE BILL NO. 330 01 "An Act relating to the sale of state land at auction." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 38.04.045(b) is amended to read: 04 (b) Before the issuance of a long-term lease under AS 38.05.070 or of a patent 05 for state land, an official cadastral survey shall be accomplished, unless a comparable, 06 approved survey exists that has been conducted by the federal Bureau of Land 07 Management. Before land may be offered under AS 38.08 or AS 38.09, or before land 08 may be offered under AS 38.05.055 or 38.05.057, except land that is classified for 09 agricultural uses and land offered under AS 38.05.050(b), an official rectangular 10 survey grid shall be established. The rectangular survey section corner positions shall 11 be monumented and shown on a cadastral survey plat approved by the state. For those 12 areas where the state may wish to convey surface estate outside of an official 13 rectangular survey grid, the commissioner may waive monumentation of individual 14 section corner positions and substitute an official control survey with control points 15 being monumented and shown on control survey plats approved by the state. The
01 commissioner may not issue more than one conveyance for each section within a 02 township outside of an official rectangular survey grid. Land to be conveyed may not 03 be located more than two miles from an official survey control monument except that 04 the commissioner may waive this requirement on a determination that a single purpose 05 use does not justify the requirement if the existing status of the land is known with 06 reasonable certainty. The lots and tracts in state subdivisions shall be monumented 07 and the cadastral survey and plats for the subdivision shall be approved by the state. 08 Where land is located within a municipality with planning, platting, and zoning 09 powers, plats for state subdivisions shall comply with local ordinances and regulations 10 in the same manner and to the same extent as plats for subdivisions by other 11 landowners. State subdivisions shall be filed and recorded in the district recorder's 12 office. The requirements of this section do not apply to land made available for 13 material sales, for short-term leases, for parcels adjoining a surveyed right-of-way, or 14 for land that has been open to random staking under the homestead program in the 15 past; however, for short-term leases, the lessee shall comply with local subdivision 16 ordinances unless waived by the municipality under procedures specified by 17 ordinance. In this subsection, "a single purpose use" includes a communication site, an 18 aid to navigation, and a park site. 19 * Sec. 2. AS 38.05.050 is amended by adding a new section to read: 20 (b) The commissioner shall offer at least 100,000 acres of land for sale at 21 auction under AS 38.05.055 every 60 days until one percent of the land owned by the 22 state on the effective date of this subsection, but not more than 1,000,000 acres, has 23 been offered for sale. Parcels offered under this subsection must consist of at least 40 24 acres but not more than 1,000 acres. In addition to the requirements of AS 38.05.055, 25 the minimum sale price for a parcel offered under this subsection is $100 an acre. 26 Notwithstanding the provisions of (a) of this section, the successful bidder for a parcel 27 offered for sale under this subsection shall deposit, at the time of sale, an amount equal 28 to 20 percent of the purchase price. Notwithstanding AS 38.05.065, the successful 29 bidder shall pay the remainder of the purchase price over a period of not more than six 30 years, with interest at the rate of six percent. The department is not required to 31 complete a survey under AS 38.04.045(b) of a parcel sold under this subsection until
01 the parcel has been conveyed to the buyer. The legislature may appropriate the 02 proceeds of sales under this subsection to the constitutional budget reserve fund 03 established under art. IX, sec. 17, Constitution of the State of Alaska. 04 * Sec. 3. AS 38.05.065(a) is amended to read: 05 (a) Except as provided in AS 38.05.050, the [THE] contract of sale for land 06 sold at public auction under AS 38.05.055 must [SHALL] require the remainder of the 07 purchase price to be paid in monthly, quarterly, or annual installments over a period of 08 not more than 20 years, with interest at the rate provided in (i) of this section. 09 Installment payments plus interest shall be set on the level-payment basis.