CSSB 199(TRA): "An Act relating to access roads; relating to state land; relating to contracts for the sale of state land; relating to the authority of the Department of Education and Early Development to dispose of state land; relating to the authority of the Department of Transportation and Public Facilities to dispose of state land; relating to the acceptance of gifts, donations, and grants by the Department of Natural Resources; relating to accounting for certain program receipts; relating to the authority of the Department of Natural Resources over certain state land; relating to the state land disposal income fund; relating to the sale and lease of state land; relating to covenants and restrictions on agricultural land; and providing for an effective date."
00 CS FOR SENATE BILL NO. 199(TRA) 01 "An Act relating to access roads; relating to state land; relating to contracts for the sale 02 of state land; relating to the authority of the Department of Education and Early 03 Development to dispose of state land; relating to the authority of the Department of 04 Transportation and Public Facilities to dispose of state land; relating to the acceptance 05 of gifts, donations, and grants by the Department of Natural Resources; relating to 06 accounting for certain program receipts; relating to the authority of the Department of 07 Natural Resources over certain state land; relating to the state land disposal income 08 fund; relating to the sale and lease of state land; relating to covenants and restrictions 09 on agricultural land; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 14.07.030(a) is amended to read: 12 (a) The department may
01 (1) establish, maintain, govern, operate, discontinue, and combine area, 02 regional, and special schools; 03 (2) enter into contractual agreements with the Bureau of Indian Affairs 04 or with a school district to share boarding costs of secondary school students; 05 (3) provide for citizenship night schools when and where expedient; 06 (4) provide for the sale or other disposition of abandoned or obsolete 07 buildings and other state-owned school property; 08 (5) prescribe a classification for items of expense of school districts; 09 (6) acquire and transfer personal property, acquire real property, and 10 transfer an interest in real property according to terms, standards, and conditions 11 established by the commissioner [TO FEDERAL AGENCIES, STATE AGENCIES, 12 OR TO POLITICAL SUBDIVISIONS]; 13 (7) enter into contractual agreements with school districts to provide 14 more efficient or economical education services; reasonable fees may be charged by 15 the department to cover the costs of providing services under an agreement, including 16 costs for professional services, reproduction or printing, and mailing and distribution 17 of educational materials; 18 (8) provide for the issuance of elementary and secondary diplomas to 19 persons not in school who have completed the equivalent of an 8th or 12th grade 20 education, respectively, in accordance with standards established by the department; 21 (9) apply for, accept, and spend endowments, grants, and other private 22 money available to the state for educational purposes in accordance with AS 37.07 23 (Executive Budget Act); 24 (10) set student tuition and fees for educational and extracurricular 25 programs and services provided and schools operated by the department under the 26 provisions of (1) of this section and AS 14.07.020(a)(9), (11), and (12); 27 (11) charge fees to cover the costs of care and handling with respect to 28 the acquisition, warehousing, distribution, or transfer of donated foods; 29 (12) establish and collect fees for the rental of school facilities and for 30 other programs and services provided by the schools; 31 (13) develop a model curriculum and provide technical assistance for
01 early childhood education programs; 02 (14) notwithstanding any other provision of this title, intervene in a 03 school district to improve instructional practices under standards established by the 04 department in regulation, including directing the 05 (A) employees identified by the department to exercise 06 supervisory authority for instructional practices in the district or in a specified 07 school; 08 (B) use of appropriations under this title for distribution to a 09 district; 10 (15) notwithstanding any other provision of this title, redirect public 11 school funding under AS 14.17 appropriated for distribution to a school district, after 12 providing notice to the district and an opportunity for the district to respond, 13 (A) when necessary to contract for services to improve 14 instructional practices in the district; 15 (B) when the district has failed to take an action required by the 16 department to improve instructional practices in the district; if funding is 17 redirected under this subparagraph, the department shall provide the redirected 18 funding to the district when the department has determined that the required 19 action is satisfactorily completed; or 20 (C) in accordance with AS 14.07.070, when the district has 21 failed to comply with the school laws of the state or with the regulations 22 adopted by the department. 23 * Sec. 2. AS 19.30.080 is amended to read: 24 Sec. 19.30.080. Construction standards and maintenance. An access road 25 constructed under AS 19.30.060 - 19.30.100 may [SHALL] be of low standard, not 26 necessarily suitable for all weather use. The state is not under obligation to maintain 27 an access road constructed under AS 19.30.060 - 19.30.100. If an access road is 28 constructed outside a municipality that has zoning ordinances, the right-of-way width 29 for the road shall be determined by the division of lands and the Department of 30 Transportation and Public Facilities. If an access road under AS 19.30.060 - 31 19.30.100 is constructed within the boundaries of a municipality that has zoning
01 ordinances, the right-of-way width must [SHALL] conform to the subdivision control 02 ordinances of the municipality in the same manner and to the same extent as 03 private landowners. Contracts for the work on an access road are governed by 04 AS 36.30 (State Procurement Code). 05 * Sec. 3. AS 35.20.070 is repealed and reenacted to read: 06 Sec. 35.20.070. Vacating and disposing of land; rights in land. (a) The 07 department may vacate an easement acquired for a public works purpose by executing 08 and filing a deed in the appropriate recording district. Upon filing, title to the vacated 09 rights in land inures to the underlying real property owner in the manner and 10 proportion considered equitable by the commissioner and set out in the deed. 11 (b) If the department determines that land or rights in land acquired by the 12 department are no longer necessary for public works purposes, the department shall 13 offer the land to the Department of Natural Resources. If the Department of Natural 14 Resources accepts the offer within 45 days after it receives the offer, the department 15 shall transfer the land to the Department of Natural Resources. If the Department of 16 Natural Resources rejects the offer or fails to accept the offer within 45 days after it 17 receives the offer, the offer is terminated and the department may sell, contract to sell, 18 lease, or exchange the land according to terms, standards, and conditions established 19 by the commissioner. 20 (c) Proceeds received from the sale or lease of land under this section shall be 21 credited to the funds from which the purchase of the land was originally made. 22 * Sec. 4. AS 37.05.146(c) is amended by adding a new paragraph to read: 23 (86) gifts, donations, and grants received by the Department of Natural 24 Resources under AS 38.05.033. 25 * Sec. 5. AS 38.04.022 is amended to read: 26 Sec. 38.04.022. State land disposal income fund. (a) The revenue from the 27 state land disposal program shall be deposited in the state land disposal income fund in 28 the state treasury. On June 30 of each fiscal year, the portion of that fund that exceeds 29 $12,000,000 [$5,000,000] shall be deposited in the state general fund. The legislature 30 may appropriate money from the state land disposal income fund for expenditure by 31 the Department of Natural Resources for necessary costs incurred by the
01 commissioner in the implementation of state land disposal programs authorized under 02 this title or for any other public purpose. 03 (b) Within five days after the legislature convenes in regular session, the 04 Department of Natural Resources shall notify the legislature that a report reflecting all 05 money deposited in the fund established under (a) of this section during the previous 06 [PRIOR] fiscal year is available. The report may include a recommendation to 07 amend the deposit limit established in (a) of this section. 08 * Sec. 6. AS 38.04.045(b) is amended to read: 09 (b) Before the issuance of [A LONG-TERM LEASE UNDER AS 38.05.070 10 OR OF] a patent for state land, an official cadastral survey shall be accomplished, 11 unless a comparable, approved survey exists that has been conducted by the federal 12 Bureau of Land Management. Before land may be offered under AS 38.08 or 13 AS 38.09, or before land may be offered under AS 38.05.055 or 38.05.057, except 14 land that is classified for agricultural uses, an official rectangular survey grid shall be 15 established. The rectangular survey section corner positions shall be monumented and 16 shown on a cadastral survey plat approved by the state. For those areas where the state 17 may wish to convey surface estate outside of an official rectangular survey grid, the 18 commissioner may waive monumentation of individual section corner positions and 19 substitute an official control survey with control points being monumented and shown 20 on control survey plats approved by the state. The commissioner may not issue more 21 than one conveyance for each section within a township outside of an official 22 rectangular survey grid. Land to be conveyed may not be located more than two miles 23 from an official survey control monument except that the commissioner may waive 24 this requirement on a determination that a single purpose use does not justify the 25 requirement if the existing status of the land is known with reasonable certainty. The 26 lots and tracts in state subdivisions shall be monumented and the cadastral survey and 27 plats for the subdivision shall be approved by the state. Where land is located within a 28 municipality with planning, platting, and zoning powers, plats for state subdivisions 29 shall comply with local ordinances and regulations in the same manner and to the 30 same extent as plats for subdivisions by other landowners. State subdivisions shall be 31 filed and recorded in the district recorder's office. The requirements of this section do
01 not apply to land made available for material sales, for short-term leases, for parcels 02 adjoining a surveyed right-of-way, or for land that has been open to random staking 03 under the homestead program in the past; however, for short-term leases, the lessee 04 shall comply with local subdivision ordinances unless waived by the municipality 05 under procedures specified by ordinance. In this subsection, "a single purpose use" 06 includes a communication site, an aid to navigation, and a park site. 07 * Sec. 7. AS 38.04.045 is amended by adding a new subsection to read: 08 (c) The commissioner may require an official cadastral survey under (b) of 09 this section before the issuance of a long-term lease under AS 38.05.070. 10 * Sec. 8. AS 38.05 is amended by adding a new section to read: 11 Sec. 38.05.033. Gifts, donations, and grants to the department. (a) The 12 commissioner may apply for and accept on behalf of the state grants from a federal or 13 state agency, foundation, or person for any function or purpose of the department. 14 (b) The department may accept gifts, donations, and grants from a person or 15 agency for the purpose of providing signage for an asset under the control of the 16 department. All gifts, donations, and grants shall be used in accordance with a 17 memorandum of understanding agreed on by the donor and the department. Any 18 signage created under this subsection is subject to the necessary funds being collected 19 from the donor. State funds may not be expended for signage under this subsection 20 until the necessary funds have been collected from the donor. 21 (c) Nothing in this section prevents the state from using state funds to provide 22 signage for an asset under the control of the department. 23 * Sec. 9. AS 38.05.055 is repealed and reenacted to read: 24 Sec. 38.05.055. Auction sale or sealed bid procedures. (a) Unless another 25 method of sale is allowed under this chapter, AS 38.08, or AS 38.09, the sale of state 26 land shall be made at public auction or by sealed bid, at the discretion of the director, 27 to the highest qualified bidder as determined by the director. The director may accept 28 bids and sell state land under this section at not less than 70 percent of the appraised 29 fair market value of the land. 30 (b) To qualify to participate under this section in a public auction or sale by 31 sealed bid of state land that is other than commercial, industrial, or agricultural land, a
01 bidder must be a resident of the state for at least one year immediately preceding the 02 date of the sale and submit proof of that fact as required by regulation. A bidder may 03 be represented by an attorney or agent at a public auction. 04 (c) An aggrieved bidder may appeal to the commissioner within five days after 05 the sale for a review of the director's determination. 06 (d) The director shall conduct a sale under this section. The successful bidder 07 at a public auction, or, for a sealed bid, each bidder when submitting a bid, shall 08 provide an earnest money deposit in the amount of at least five percent of the bid 09 amount. Not later than 10 days after the public auction or sale by sealed bid, the 10 director shall issue a receipt to the successful bidder. The director's receipt shall 11 contain a description of the land or property purchased, the bid price, and the amount 12 deposited. If the bidder fails to enter into a contract to purchase or defaults in the 13 payment of the bid amount, five percent of the bid amount shall be forfeited to the 14 state. 15 * Sec. 10. AS 38.05.065(a) is amended to read: 16 (a) A [THE] contract of sale for land, an interest in land, or property sold 17 under this chapter, including under AS 38.05.057, may be issued for [AT PUBLIC 18 AUCTION OR BY SEALED BID UNDER AS 38.05.055 SHALL REQUIRE] the 19 remainder of the purchase price to be paid in monthly, quarterly, or annual 20 installments over a period of not more than 30 [20] years, with interest at the rate 21 provided in (i) of this section. Installment payments plus interest shall be set on the 22 level-payment basis. 23 * Sec. 11. AS 38.05.065(c) is amended to read: 24 (c) The director shall, for contracts under (a) [, (b),] or (h) of this section, set 25 out in the contract for each sale the period for the payment of installments and the total 26 purchase price plus interest. The director, with the consent of the commissioner, may 27 also include in contracts under this section conditions, limitations, and terms 28 considered necessary and proper to protect the interest of the state. Violations of any 29 provision of this chapter or the terms of the contract of sale subject the purchaser to 30 appropriate administrative and legal action, including but not limited to specific 31 performance, termination [FORECLOSURE], ejectment, or other legal remedies in
01 accordance with applicable state law. 02 * Sec. 12. AS 38.05.065(d) is amended to read: 03 (d) If a contract for a sale of state land has been breached, the director may 04 issue a decision to [FORECLOSE AND] terminate the contract at any time 31 days 05 after delivering by certified mail a written notice of the breach to the address of record 06 of the purchaser. A breach caused by the failure to make payments required by the 07 contract may be cured within 30 days after the notice of the breach has been received 08 by the purchaser by payment of the sum in default together with the larger of a fee of 09 $50 or five percent of the sum in default. If there are material facts in dispute between 10 the state and the purchaser, the purchaser may submit a written request for a public 11 hearing for the review of the facts within 30 days after the notice of the breach has 12 been received. 13 * Sec. 13. AS 38.05.065(e) is amended to read: 14 (e) Upon [ON] a determination that there has been a breach of the contract 15 based on the administrative record and the evidence presented at a hearing, if a 16 hearing is requested under (d) of this section, the director shall issue a decision 17 [FORECLOSING THE INTEREST OF THE PURCHASER AND] terminating the 18 contract. The obligation to make payments under the contract continues through the 19 date of the director's decision to terminate the contract [FORECLOSE BY THE 20 DIRECTOR]. 21 * Sec. 14. AS 38.05.065(f) is amended to read: 22 (f) The director shall deliver the decision to [FORECLOSE AND] terminate 23 the contract personally to the purchaser or send it certified mail, return receipt 24 requested, to the address of record of the purchaser. If the breach is a failure to make 25 payments required by the contract, the decision shall include a notice to the purchaser 26 that if within 30 days the purchaser pays to the state the full amount of the unpaid 27 contract price, including all accrued interest, and any fees assessed under (d) of this 28 section, the commissioner [DEPARTMENT] shall issue to the purchaser a deed to the 29 land. If full payment is not made within 30 days or the breach is for other than failure 30 to make payment, the decision [FORECLOSES AND] terminates all legal and 31 equitable rights the purchaser has in the land.
01 * Sec. 15. AS 38.05.065(h) is amended to read: 02 (h) The commissioner, after consulting with the Board of Agriculture and 03 Conservation (AS 03.09.010), 04 (1) shall provide that, notwithstanding (a) [AND (b)] of this section, in 05 a contract for the sale of land classified under AS 38.05.020(b)(6) for agricultural 06 uses, the interest rate to be charged on installment payments may not exceed 9.5 07 percent; and 08 (2) may declare a moratorium of up to five years on payments on land 09 sold under this section for land classified under AS 38.05.020(b)(6) for agricultural 10 uses if 11 (A) the commissioner determines that the moratorium is in the 12 best interest of the state; 13 (B) the commissioner certifies and the contract purchaser 14 agrees to perform farm development, crop production, and harvesting, not 15 including land clearing or related activity, requiring the expenditure of 16 amounts equivalent to the payments that would otherwise be made during the 17 moratorium; 18 (C) the sale of the agricultural land takes place after July 1, 19 1979; and 20 (D) the contract purchaser is in compliance with the 21 development plan specified in the purchase contract at the time the purchaser 22 applies for a moratorium under this paragraph and remains in compliance with 23 the development plan during the moratorium; for the payments subject to the 24 moratorium declared under this paragraph, interest payments are subject to the 25 moratorium but interest continues to accrue during the moratorium. 26 * Sec. 16. AS 38.05.065 is amended by adding new subsections to read: 27 (j) If a sale of state land is to be made by means other than as prescribed by 28 AS 38.05.055, the director shall require a person applying to purchase land, an interest 29 in land, or property to submit an earnest money deposit of at least five percent of the 30 purchase price with the application for a contract to purchase land, an interest in land, 31 or property. The earnest money deposit shall be applied toward the purchase price. If
01 the applicant fails to enter into a contract to purchase or defaults in the payment of the 02 purchase price, five percent of the purchase price shall be forfeited to the state. 03 (k) Notwithstanding (a) of this section, the commissioner may, upon a best 04 interest finding, determine that the purchase price for a parcel of land with existing 05 improvements valued at greater than $10,000 must be paid in full within 120 days of 06 closing. 07 * Sec. 17. AS 38.05 is amended by adding a new section to read: 08 Sec. 38.05.086. Leases and sales of land for commercial development. (a) 09 For purposes of stimulating economic development in the state, the commissioner may 10 offer land identified under (b) of this section for lease for commercial development by 11 issuing a request for proposals. A lessee eligible under (m) of this section may 12 purchase the leased land. 13 (b) The commissioner may identify land appropriate for commercial 14 development from any or all of the following categories: 15 (1) state land identified or nominated as a qualified opportunity zone 16 under 26 U.S.C. 1400Z-1 and 1400Z-2; 17 (2) state land nominated by the public; a public nomination may not 18 exceed 640 acres in size; 19 (3) any other state land the commissioner deems appropriate for 20 commercial development. 21 (c) If land identified in (b) of this section is classified in a manner that does 22 not allow disposal of the land, the commissioner may classify or reclassify the land 23 under AS 38.04.065 and AS 38.05.300. Before classifying or reclassifying land under 24 this subsection, the commissioner shall provide public notice under AS 38.05.945. 25 Notwithstanding AS 38.05.945(c)(2) and (3), regardless of whether the land is located 26 inside or outside a municipality, the commissioner shall provide notice to a 27 (1) regional corporation if the boundaries of the corporation as 28 established by 43 U.S.C. 1606(a) (sec. 7(a), Alaska Native Claims Settlement Act) 29 encompass the land; 30 (2) village corporation organized under 43 U.S.C. 1607(a) (sec. 8(a), 31 Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for
01 which the corporation was established. 02 (d) Upon a finding under AS 38.05.035(e) that the lease and sale of the land 03 within the areas opened is in the best interests of the state, the commissioner may 04 request in writing proposals to lease land within the areas identified in (b) of this 05 section for commercial development. 06 (e) A person may apply to develop land within the areas by responding to the 07 commissioner's request for proposals and paying an application fee established by 08 regulation. In addition to information requested by the commissioner in the request for 09 proposals, a response to the request for proposals must include the specific 10 (1) type of commercial development proposed; and 11 (2) location, description, and size of the land for the proposed 12 commercial development; the size of land requested in a response to a request for 13 proposals may not exceed 20 acres and must be reasonably compact. 14 (f) The commissioner's request for proposals must be posted on the Alaska 15 Online Public Notice System (AS 44.62.175) for at least 30 consecutive days and must 16 be furnished in electronic format or by mail to each person who received notice of the 17 decision issued under AS 38.05.035(e). 18 (g) A response to the commissioner's request for proposals must be in writing 19 and submitted by the deadline set by the commissioner. The commissioner may reject 20 a proposal that does not meet the requirements of this section or that the commissioner 21 determines in writing is not in the best interests of the state. The commissioner's 22 decision to reject a proposal is subject to appeal or a petition for reconsideration under 23 AS 44.37.011. 24 (h) If the commissioner determines that only one suitable proposal for a 25 specific area of land exists, the commissioner may issue a lease to that person as 26 provided in this section as long as the proposal is in the best interests of the state. If 27 the commissioner determines that there are two or more suitable proposals for the 28 same or overlapping land, the commissioner shall hold a public auction or sealed bid, 29 limited to those persons who submitted proposals for the same or overlapping land, 30 and award the lease to the highest bidder as long as the proposal of the highest bidder 31 is in the best interests of the state.
01 (i) If a potential lessee selected under (h) of this section declines the lease 02 offer, the commissioner may begin negotiations with the potential lessee who provided 03 the next highest bid to develop the terms and conditions for a lease. 04 (j) The commissioner shall set, using a method of compensation set out in 05 AS 38.05.073(m), an annual fee for a commercial land lease under this section to 06 ensure that the state receives, for the term of the lease, a fair return for the use of the 07 land granted by the lease. 08 (k) A lease under this section may only be assigned by a lessee at the 09 discretion of the director. The initial term of the lease may not be more than five years. 10 At the director's discretion and only if the lease is in good standing, the lease may 11 renewed for one additional term of not more than five years. The director may extend 12 a lease in good standing for up to two years beyond the renewal term if the director 13 determines the extension will facilitate sale of the parcel to the lessee. 14 (l) The commissioner may terminate a commercial land lease under this 15 section before the expiration of the lease for a breach of the terms of the lease, 16 including a failure to use the land in a manner required by the lease. Upon expiration 17 of the term of a lease or the termination of the lease before expiration, improvements 18 to or personal property on the land subject to the lease shall be managed in the manner 19 required by AS 38.05.090. 20 (m) At any time during the lease, a lessee in good standing may submit an 21 application to the department to purchase all or a portion of the land leased under this 22 section for the fair market value of the land at the time of purchase. The lessee shall 23 pay an application fee provided by regulation. 24 (n) If an application to purchase land under (m) of this section is approved, 25 before closing, the lessee, at the lessee's expense, shall have the parcel appraised and 26 surveyed in a manner acceptable to the department. 27 (o) An eligible lessee under (m) of this section may apply the amount of the 28 lease payments made under the lease to the purchase price of the land. Other amounts 29 paid, including fees, penalties, survey costs, and appraisal costs, may not be applied to 30 the purchase price of the land. 31 (p) If an application to purchase land under (m) of this section is denied, the
01 lessee may continue to hold the lease according to the terms of the lease, and may 02 reapply to purchase the land. A subsequent application to purchase the land must 03 address the reasons the previous application was denied. 04 (q) The commissioner shall adopt regulations under AS 44.62 (Administrative 05 Procedure Act) to implement this section. Regulations adopted under this subsection 06 must, at a minimum, address 07 (1) the application procedures for a commercial land lease or sale 08 under this section; 09 (2) the auction or sealed bid process to be used, if necessary, under (h) 10 of this section; 11 (3) the terms and conditions that may be included in a commercial land 12 lease under this section; 13 (4) the method for resolving competitive bidding disputes and issues; 14 (5) the procedure for requesting proposals; 15 (6) the criteria for assessing proposals; and 16 (7) any administrative fees. 17 (r) The commissioner shall reserve easements and rights-of-way on and across 18 land made available for commercial development under this section after providing 19 regional corporations, village corporations, tribes, municipal governments, and other 20 interested parties an opportunity to review and comment on the proposed reserved 21 easements and rights-of-way, and an opportunity to appeal a decision under 22 AS 44.37.011. The commissioner shall reserve easements and rights-of-way under this 23 section for trails that have an established history of use for commerce, recreation, 24 transportation, or providing access to a traditional outdoor activity. In this subsection, 25 "traditional outdoor activity" has the meaning given in AS 38.04.200. 26 (s) Before leasing or disposing of land under this section, the commissioner 27 shall provide notice under AS 38.05.945 and prepare a best interest finding in writing 28 in accordance with AS 38.05.035(e). In making a best interest finding under this 29 subsection, the commissioner shall consider the effects of the lease or sale on 30 subsistence uses, fish and wildlife habitat and populations and their uses, and 31 historical and cultural resources.
01 (t) If the commissioner identifies land appropriate for commercial 02 development under (b)(1) of this section, the commissioner shall prepare a report that 03 describes the municipal and state government services that the commissioner 04 anticipates would be required in the identified area if the land is commercially 05 developed and the municipal and state tax revenue that would be required to provide 06 those services. The commissioner shall submit each report prepared under this 07 subsection in a calendar year to the senate secretary and chief clerk of the house of 08 representatives on or before the first day of each regular session of the legislature the 09 following year and shall notify the legislature that the reports are available. 10 (u) In this section, "good standing" means that a lessee is not in default on any 11 material term of a lease under this section and has satisfied all the development 12 requirements of the lease. 13 * Sec. 18. AS 38.05.321(d) is amended to read: 14 (d) For state land classified as agricultural land that is conveyed under (a) of 15 this section, 16 (1) the commissioner may require the landowner to cooperate with the 17 appropriate soil and water conservation district under AS 41.10 in the development 18 and implementation of soil conservation plans as authorized by AS 41.10.110(6); 19 (2) as a condition of the conveyance, the commissioner may not 20 require preparation and implementation of a schedule of planned agricultural 21 development or a farm development plan specified in a land purchase contract unless 22 the commissioner permits modification of a plan in cases of economic hardship or 23 other extenuating circumstances; 24 (3) the commissioner may not 25 (A) limit the right of the landowner to use the land and 26 improvements for purposes that are consistent and do not interfere 27 [INCIDENTAL TO AND NOT INCONSISTENT] with the primary use of the 28 land for agricultural purposes; 29 (B) except as provided by (i) of this section, limit the right of a 30 landowner to construct housing for the landowner and farm laborers, to 31 construct improvements for animals, or to construct improvements that are
01 reasonably required for or related to agricultural use on the original parcel and 02 on additional subdivided parcels, not to exceed the limits and restrictions set by 03 (a)(2) of this section; and 04 (C) limit the right of the landowner to subdivide and convey 05 the land if the resulting parcels are not in violation of the limits and restrictions 06 set out in (a)(2) of this section. 07 * Sec. 19. AS 38.05.965 is amended by adding a new paragraph to read: 08 (29) "public auction" means a public oral outcry auction or a public 09 online auction. 10 * Sec. 20. AS 38.05.065(b) is repealed. 11 * Sec. 21. This Act takes effect immediately under AS 01.10.070(c).