Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.55.004 Administration.
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This chapter shall be administered by the department.
AS 34.55.006 Fraudulent and prohibited practices.
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It is unlawful for a person, in connection with the offer, sale, or purchase of subdivided land directly or indirectly, to knowingly (1) employ a device, scheme, or artifice to defraud; (2) make an untrue statement of a material fact or omit a statement of a material fact necessa…
AS 34.55.008 Prohibitions on dispositions of interests in subdivisions.
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Unless the subdivided land or the transaction is exempt under AS 34.55.042, (1) a person may not offer or dispose of in this state an interest in subdivided land before the time the subdivided land is registered in accordance with this chapter; (2) a person may not dispose of an …
AS 34.55.010 Application for registration.
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(a) The application for registration of subdivided land shall be filed as prescribed by the department's regulations and must contain the following documents and information: (1) an irrevocable appointment of the department to receive service of lawful process in a noncriminal pr…
AS 34.55.012 Public offering statement.
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(a) A public offering statement must disclose fully and accurately the physical characteristics of the subdivided land offered and must make known to prospective purchasers all unusual and material circumstances or features affecting the subdivided land. The proposed public offer…
AS 34.55.014 Inquiry and examination.
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Upon receipt of an application for registration in proper form, the department shall immediately initiate an examination to determine that (1) the subdivider can convey or cause to be conveyed the interest in subdivided land offered for disposition if the purchaser complies with …
AS 34.55.016 Notice of filing and registration.
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(a) Upon receipt of the application for registration in proper form, the department shall issue a notice of filing to the applicant. Within 90 days from the date of the notice of filing, the department shall enter an order registering the subdivided land or rejecting the registra…
AS 34.55.018 Annual report.
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(a) Within 30 days after each annual anniversary date of an order registering subdivided land, the subdivider shall file a report in the form prescribed by the regulations of the department. The report must reflect material changes in information contained in the original applica…
AS 34.55.020 General powers and duties.
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(a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act). The regulations must include but not be limited to provisions for advertising standards to assure full and fair disclosure; provisions for escrow or trust agreements or other means reasonabl…
AS 34.55.022 Investigations and proceedings.
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(a) The department may (1) make necessary public or private investigations inside or outside this state to determine whether a person has violated or is about to violate this chapter or a regulation or order under this chapter or to aid in the enforcement of this chapter or in th…
AS 34.55.024 Cease and desist orders.
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(a) The department may issue an order requiring the person to cease and desist from the unlawful practice and to take affirmative action that in the judgment of the department will carry out the purposes of this chapter, if it determines after notice and hearing that a person has…
AS 34.55.026 Revocation.
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(a) A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has (1) failed to comply with the terms of a cease and desist order; (2) been convicted in a court subsequent to the filing of the application for registration for a crim…
AS 34.55.028 Penalties.
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(a) A person who wilfully violates AS 34.55.006 or 34.55.008 is, upon conviction, punishable by a fine of not more than $50,000, or by imprisonment for not less than one year nor more than five years, or by both fine and imprisonment. (b) A violation of this chapter other than as…
AS 34.55.030 Civil remedy.
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(a) A person who disposes of subdivided land in violation of AS 34.55.006 or 34.55.008 is liable as provided in this section to the purchaser unless in the case of an untruth or omission it is proved that the purchaser knew of the untruth or omission or that the person offering o…
AS 34.55.032 Jurisdiction.
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A disposition of subdivided land is subject to this chapter, and the superior court of this state has jurisdiction in claims or causes of action arising under this chapter if (1) the subdivider's principal office is located in this state; (2) an offer or disposition of subdivided…
AS 34.55.034 Interstate rendition.
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In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
AS 34.55.036 Service of process.
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(a) In addition to the methods of service provided for in the Rules of Civil Procedure, service may be made by delivering a copy of the process to the department, but it is not effective unless (1) the plaintiff, which may be the department in a proceeding instituted by it, immed…
AS 34.55.038 Uniformity of interpretation.
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This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states that enact it.
AS 34.55.042 Exemptions.
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(a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, the registration provisions of this chapter do not apply to offers or dispositions of an interest in land (1) by a purchaser of subdivided land for the account of the purchaser in a single…
AS 34.55.044 Definitions.
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In this chapter, unless the context otherwise requires, (1) “department” means Department of Commerce, Community, and Economic Development; (2) “disposition” includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for g…
AS 34.55.046 Short title.
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This chapter may be cited as the Uniform Land Sales Practices Act.