Title 38 — Public Land
17 chapters · 340 sections in this title.
AS 38.50.010 Authorization and procedure for exchange of state land.
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(a) When it is in the best interest of the state, and subject to the requirements of this chapter and the notice provisions of AS 38.05.945, the director may, with the consent of the commissioner, dispose of state land or interest in land, including the land estate, the mineral e…
AS 38.50.020 Value of properties exchanged.
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[Repealed or reserved.]
AS 38.50.030 Parties.
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(a) The director may exchange land and interests in land with a government agency, organization, corporation, individual, or other person. At the beginning of discussions concerning a proposed exchange, the director shall require proof that each party to the negotiations is the o…
AS 38.50.040 Land subject to exchange.
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[Repealed or reserved.]
AS 38.50.050 Conveyance of mineral rights.
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Subject to the requirements of this chapter, the director is authorized to exchange mineral rights in state land to the extent that the conveyance is authorized by the state constitution and applicable federal law.
AS 38.50.060 Reservations and covenants.
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The director may include in any patent or other instrument issued under this chapter any reservations and covenants relating to the land which the director considers necessary to protect or promote the public interest. Reservations and covenants may include, but are not limited t…
AS 38.50.070 Valid existing rights.
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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…
AS 38.50.080 Prohibition against future consideration.
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(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…
AS 38.50.090 090 — 38.50.110 Coordination with other state agencies; finding requirement as to alternatives; notice of proposed exchange.
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[Repealed or reserved.]
AS 38.50.120 Public hearings.
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(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…
AS 38.50.130 Report on proposed exchange.
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[Repealed or reserved.]
AS 38.50.140 Legislative review.
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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…
AS 38.50.150 Execution of exchange.
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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…
AS 38.50.160 Regulations.
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The commissioner may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the purposes of this chapter.
AS 38.50.170 Definitions.
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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…
AS 38.95.010 State's interest may not be obtained by adverse possession or prescription.
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Article 2. Contracts with Native Corporations. 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 posses…
AS 38.95.050 Land management contracts with Native corporations.
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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…
AS 38.95.060 Exchange of land. [Repealed, § 4 ch 240 SLA 1976. For current law, see AS 38.50.]
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Article 3. Trapping Cabins.
AS 38.95.075 Permits for the use of trapping cabins.
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[Repealed or reserved.]
AS 38.95.080 Trapping cabin construction and use permits.
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(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…
AS 38.95.085 Definitions for AS 38.95.080 and 38.95.085.
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Article 4. Steering Council for Alaska Lands. 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.…
AS 38.95.100 Secs. 38.95.100 — 38.95.140. Steering Council for Alaska Lands. [Repealed, § 13 ch 43 SLA 1994.]
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Article 5. Survey and Improvement of State Land.
AS 38.95.150 Survey of state land.
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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…
AS 38.95.160 Improvements on state land.
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Article 6. Real Property Escheated to State. (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 a…
AS 38.95.200 Real property subject to escheat.
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(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…
AS 38.95.210 Enforcement of rights by department.
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(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…
AS 38.95.220 Judgment of escheat.
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(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.
AS 38.95.230 Management of escheated real property by department.
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(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…
AS 38.95.240 Time within which to claim escheated real property.
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(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…
AS 38.95.250 Proceeds of sale or redemption.
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(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…
AS 38.95.260 Disposition of sale proceeds seven years after the judgment of escheat.
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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 …
AS 38.95.270 Definition.
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Article 7. No Obligation to Provide Services to Disposals of State Land; No Limitation on Further Disposals. In AS 38.95.200 — 38.95.270, “department” means the Department of Natural Resources.
AS 38.95.300 Disclaimer applicable to state land disposals.
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Article 8. Carbon Offset Program. 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 authorit…
AS 38.95.400 Carbon offset program.
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(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…
AS 38.95.410 Carbon offset project criteria; evaluation; best interest finding.
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(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…
AS 38.95.420 Registration and sale of carbon offset credits; records.
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(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…
AS 38.95.430 Carbon offset revenue.
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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…
AS 38.95.440 Contracts.
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(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…
AS 38.95.450 Annual report.
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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…
AS 38.95.499 Definitions.
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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…