02/27/1995 08:05 AM House RES

 Number 380                                                                    
                                                                               
 HRES - 02/27/95                                                               
 HB 80 - DNR APPROVAL OF PLATS IN UNORGAN. BOROUGH                         
                                                                               
 REPRESENTATIVE JEANETTE JAMES, PRIME SPONSOR, stated she had                  
 experienced a situation in her district where there was a                     
 subdivision platted in an area where there was no platting                    
 authority and where there was a deficiency in the access.  At that            
 time, she determined that the DNR was a platting agent but not the            
 platting authority.  When people brought in plats in places where             
 there was not a platting authority, they were required to file the            
 plat but did not have any opportunity to review it to see if it met           
 the state requirements for a plat--specifically engineering,                  
 surveying requirements of the perimeter of the plat, ensuring legal           
 access and other state laws relating to subdivisions--were met.               
                                                                               
 REPRESENTATIVE JAMES noted she presented this legislation last                
 year, which was similar to a bill in the Senate in the 17th Alaska            
 Legislature.  She said her bill went through a lot of fixing and              
 some agreement was finally reached by the parties as to what the              
 language ought to be.  She noted the language extends once one gets           
 into platting and platting rules, regulations, engineering terms              
 and survey requirements.  She stated she was nearly successful in             
 getting the legislation through the Senate last year but time ran             
 out.  She felt HB 80 has been massaged enough to the point that               
 almost everyone is happy with it.                                             
                                                                               
 REPRESENTATIVE JAMES said there is one little dispute which was               
 fixed in the last committee that may or may not be pleasing to the            
 Department of Transportation (DOT).  She stated that dispute                  
 involves right-of-ways.  She noted that DOT wanted right-of-ways              
 exempted because the DOT likes to put their monumentation in the              
 center of the right-of-ways.  The description of a subdivision in             
 HB 80 indicates that anytime something is broken into two parcels,            
 it is a subdivision and therefore, it must be surveyed and there              
 must be monuments.  She explained if a right-of-way is put through            
 a parcel, the parcel is then divided into two parcels which                   
 constitutes a subdivision, requiring the DOT to put monuments at              
 the corners of the property.  She noted the DOT likes to put their            
 monuments in the center of the road.                                          
                                                                               
 REPRESENTATIVE JAMES said in response to that concern, she                    
 understands it could change the way the DOT does business.                    
 However, she just had the road in front of her place worked on last           
 summer involving quite a cadre of engineers and surveyors.  She               
 stated if they put a right-of-way in, monumentation would involve             
 no more than pounding a piece of metal into the ground since they             
 already have all the other information they need.  She said it may            
 be a situation of needing someone willing to sign off but she                 
 thought that might be another step which would not be very                    
 expensive.  She stressed she is not willing to bring forth any                
 legislation which is going to cost more money.  She felt the                  
 expense would be the only valid concern.  She urged the committee             
 to pass HB 80 out of committee.                                               
                                                                               
 CO-CHAIRMAN GREEN wondered if authority was granted, would it take            
 anything other than a legislative act.  He questioned if it would             
 impact the constitution in any way.                                           
                                                                               
 REPRESENTATIVE JAMES replied no.  She said it is a matter of giving           
 the DNR the authority to review plats to ensure they meet the state           
 law regarding subdivisions.  She stated the definition of a                   
 subdivision is brought all into focus in HB 80.                               
                                                                               
 Number 473                                                                    
                                                                               
 RON SWANSON, DIRECTOR, DIVISION OF LAND, DNR, stated DNR definitely           
 needs the platting authority.  He showed an example on a map.  He             
 said in 1980, the state sold a particular tract of land consisting            
 of about 20 acres to an individual.  In 1988, this person had a               
 surveyor establish a five acre piece within the tract and had the             
 plat recorded.  He noted DNR did not review the plat.   He said the           
 transaction was on a land sale contract--the person did not own the           
 piece of property, it is still state land.  He stated in 1993, the            
 entire piece of property was foreclosed on because the original               
 applicant was not making payments.  Therefore, there is a trespass            
 situation, with a house built.  He stressed this is why the DNR               
 platting authority is needed.                                                 
 REPRESENTATIVE BARNES made a MOTION to ADOPT CSHB 80 (CRA).                   
                                                                               
 CO-CHAIRMAN GREEN asked if there were any objections.  Hearing                
 none, the MOTION PASSED.                                                      
 REPRESENTATIVE BARNES made a MOTION to MOVE CSHB 80(CRA) with                 
 accompanying fiscal notes out of committee with individual                    
 recommendations.                                                              
                                                                               
 CO-CHAIRMAN GREEN asked if there were any objections.  Hearing                
 none, the MOTION PASSED.