Title 38, Public Land

Conveyances made by the state under this chapter are subject to valid existing rights, including contracts, permits, leases, rights-of-way, and easements. Unless jurisdiction is waived, the appropriate state agency shall continue to administer valid existing rights, and revenue d…

(a) The director may not negotiate or enter into a land exchange agreement which requires the identification of land, interest in land, or other consideration, except for the performance of necessary survey work, at any time after the agreement is initially executed. (b) [Repeale…

(a) For an exchange of state land having an appraised or estimated fair market value of more than $5,000,000, the director shall hold at least two public meetings before the exchange is submitted to the legislature for approval. Meetings under this subsection may be held telephon…

Within 10 days after the convening of a regular legislative session, the governor shall transmit to the president of the senate and the speaker of the house of representatives any proposal for a land exchange required to be submitted to the legislature for approval under AS 38.50…

If a deed, contract of exchange, or other instrument of conveyance which the director receives to effectuate an exchange is properly executed, acknowledged, and authorized by the appropriate party, the director shall accept conveyance of title to the land and other property which…

The commissioner may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the purposes of this chapter.

In this chapter, unless otherwise specified, (1) “commissioner” means the commissioner of natural resources; (2) “director” means the director of the division of lands; (3) “state land” means all land, including shoreland, tideland, and submerged land or unsevered resources belon…

No prescription or statute of limitations runs against the title or interest of the state to land under the jurisdiction of the state. No title or interest to land under the jurisdiction of the state may be acquired by adverse possession or prescription, or in any other manner ex…

A corporation organized under state law pursuant to 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) may contract with the Department of Natural Resources for the management of land; however, a sale, lease, exchange or other disposal of this land may not be made witho…

(a) The commissioner may issue a nonexclusive nontransferable permit to a person qualified under this section that, subject to conditions imposed under (c) of this section, entitles the person to (1) construct and use a trapping cabin on state land if the cabin does not exceed 40…

In AS 38.95.080 and 38.95.085 , (1) “commissioner” means the commissioner of natural resources; (2) “department” means the Department of Natural Resources; (3) “director” means the director of the division of lands in the department.

A professional land surveyor registered to practice under AS 08.48 shall certify the location and monumentation of boundaries and the platting and subdivision of state land. This section does not apply to surveys, monumentation, platting, or subdivision performed by the federal g…

(a) The location and design of a publicly financed improvement on state land that costs more than $100,000 shall be supervised by a professional registered to practice under AS 08.48. A lease, easement, right-of-way, or other similar agreement that permits the use and improvement…

(a) Real property in an intestate estate for which no taker can be found and real property devised by will for which no devisee, heir, or other claimant can be found escheats to the state. (b) Real property of a defunct organization or corporation, for which no proceeding for dis…

(a) When the Department of Natural Resources is informed or has reason to believe that real property has escheated to the state, the department shall bring an action in superior court to establish whether the property has escheated to the state. (b) The department may maintain an…

(a) If the superior court determines that the real property has escheated to the state, the superior court shall issue a judgment of escheat. (b) A court order approving settlement of an estate that distributes real property to the state is a judgment of escheat.

(a) After a judgment of escheat under AS 38.95.220, the department may sell, lease, exchange, assign, or otherwise manage real property that has escheated to the state. In determining the proper disposition of escheated real property the department shall, within two years after t…

(a) Within seven years after a judgment of escheat under AS 38.95.220, a person who is not a party to the escheat proceeding may bring an action in the superior court to prove the person's claim to the real property. If the plaintiff establishes the claim and establishes that the…

(a) The department shall deposit the proceeds of real property sold under AS 38.95.230(a)(1) less the expenses of sale, including attorney fees and appraisal and publication costs, in an escheated real property trust account. The department shall maintain the proceeds in the acco…

Seven years after the judgment of escheat, net proceeds from the sale of escheated real property may be transferred from the escheated real property trust account to the general fund and credited to the land disposal income account under AS 38.04.022, unless a person who was the …

In AS 38.95.200 — 38.95.270, “department” means the Department of Natural Resources.

Except as otherwise specifically provided, nothing in this title (1) obligates the state to provide services to land that is disposed of by the state, or any grantee of the state, or is the subject of any disposal program; (2) limits the authority of the state to dispose of land …

(a) A carbon offset program is established in the department to undertake carbon offset projects on state land. (b) The commissioner shall adopt regulations to implement AS 38.95.400 — 38.95.499. (c) Nothing in AS 38.95.400 — 38.95.499 may be construed to prevent a private landow…

(a) The commissioner shall adopt criteria for evaluation of a proposed carbon offset project on state land. The evaluation criteria must include, if applicable, (1) consideration of a project's baseline and predicted additionality; (2) whether registry protocols are consistent wi…

(a) After a written finding under AS 38.95.410(d), the director may enter into an agreement to register the carbon offset project to generate revenue from the sale of carbon offset credits. (b) The department shall maintain records for a carbon offset project undertaken by the de…

Twenty percent of the revenue generated from the carbon offset program shall be deposited into the renewable energy grant fund (AS 42.45.045). The remaining 80 percent of the revenue from the carbon offset program shall be separately accounted for under AS 37.05.142 and may be ap…

(a) Subject to AS 36.30, the department may enter into a contract to carry out the purposes of AS 38.95.400 — 38.95.499. (b) In evaluating a proposal for a contract, including competing proposals, the department shall consider (1) the criteria included in the request for proposal…

By February 1 of each year, the commissioner shall prepare a report on the carbon offset program established in AS 38.95.400 — 38.95.499, transmit the report to the senate secretary and the chief clerk of the house of representatives, and notify the legislature that the report is…

In AS 38.95.400 — 38.95.499, unless the context requires otherwise, (1) “additionality” means the reduction in greenhouse gas emissions or increase in carbon storage represented by a carbon offset project that is in addition to the baseline; (2) “baseline” means the anticipated a…