Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.45.720 Application; exceptions.
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(a) AS 34.45.110 — 34.45.780 do not relieve a holder of a duty that arose before September 7, 1986 to report, pay, or deliver property. A holder who did not comply with the law in effect before September 7, 1986 is subject to the applicable enforcement and penalty provisions that…
AS 34.45.730 Regulations.
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The department shall adopt regulations necessary to carry out the provisions of AS 34.45.110 — 34.45.780.
AS 34.45.740 Uniformity of application and construction.
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AS 34.45.110 — 34.45.780 shall be applied and construed so as to effectuate their general purpose to make uniform the law with respect to unclaimed property among states enacting the Uniform Unclaimed Property Act.
AS 34.45.750 Report by department upon failure to make report or making false report.
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If a person fails to submit a report as required under AS 34.45.110 — 34.45.780, or makes, wilfully or otherwise, a false report, the department shall make the report from the information it obtains under AS 43.05.050. A report made by the department is prima facie valid for all …
AS 34.45.760 Definitions.
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In AS 34.45.110 — 34.45.780, unless the context requires otherwise, (1) “apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder; (2) “banking organization” means a bank, trust compan…
AS 34.45.780 Short title.
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AS 34.45.110 — 34.45.780 may be cited as the Uniform Unclaimed Property Act.
AS 34.50.010 Action for injury to the inheritance.
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A person seized of an estate in remainder or reversion may maintain a civil action for an injury done to the inheritance, notwithstanding an intervening estate for life or years.
AS 34.50.020 Renumbered as AS 09.65.255.
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[Repealed or reserved.]
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.
AS 34.60.010 Purpose.
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The purpose of this chapter is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of federally assisted public construction and improvement projects and programs in order that the displaced persons will not suffer disproportionate …
AS 34.60.020 State agencies to establish program.
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State agencies shall establish and provide the means for implementing a program providing fair and reasonable relocation and other payment for persons displaced as a result of federally assisted activities undertaken by state agencies, to carry out relocation assistance programs …
AS 34.60.030 Administration of program.
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In order to prevent unnecessary expenses and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under this chapter, state agencies may enter into contracts with any individual, firm, association, o…
AS 34.60.040 Relocation payments.
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(a) When the acquisition of real property for a federally assisted program or project undertaken by a state agency will result in the displacement of a person, the state agency responsible for the program or project shall make payment to the displaced person, upon proper applicat…
AS 34.60.050 Replacement housing for homeowners.
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(a) In addition to payments otherwise authorized by this chapter, the state agency shall make an additional payment, not to exceed the amount described in 42 U.S.C. 4623(a)(1), as amended, to a displaced person who is displaced from a dwelling actually owned and occupied by the p…
AS 34.60.060 Replacement housing for tenants and others.
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In addition to amounts otherwise authorized by this chapter, the state agency shall make a payment to or for a displaced person displaced from a dwelling, who is not eligible to receive a payment under AS 34.60.050, if the dwelling was actually and lawfully occupied by the displa…
AS 34.60.070 Expenses incidental to transfer of property.
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The state agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to th…
AS 34.60.080 Litigation expenses.
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(a) The state court having jurisdiction of a proceeding instituted by the state agency to acquire real property by condemnation shall award the owner of any right to, or title to, or interest in, the real property a sum that will in the opinion of the court reimburse the owner fo…
AS 34.60.090 Relocation services.
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(a) When the acquisition of real property for a program or project undertaken by a state agency for a federally assisted program or project undertaken by the state agency will result in the displacement of a person on or after January 2, 1971, the state agency shall provide a rel…
AS 34.60.100 Eminent domain.
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Nothing contained in this chapter creates, in a condemnation proceeding brought under the power of eminent domain, an element of damages not in existence on January 2, 1971.
AS 34.60.110 Nontaxation of payments.
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A payment received by a displaced person under this chapter is not income for the purposes of the state or federal income tax, personal or corporate. The payments are not income or resources to a recipient of public assistance and the payments may not be deducted from the amount …
AS 34.60.120 Uniform real property acquisition policy.
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A state agency or other entity acquiring real property for any project or program in which federal or federal-aid funds are used shall to the greatest extent practicable comply with the following policies: (1) Every reasonable effort shall be made to expeditiously acquire real pr…
AS 34.60.130 Uniform acquisition policy for improvements.
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(a) Notwithstanding any other provision of law, if a state agency acquires any interest in real property, the state agency must acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property which the state agency requires to…
AS 34.60.135 Planning loans for additional housing.
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In addition to the other programs authorized by this chapter, the Alaska Housing Finance Corporation may make loans in order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons. These loans are a part of the federally a…
AS 34.60.137 Housing replacement assistance as last resort.
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If a federal aided program or project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the state agency determines that housing cannot otherwise be made available, the agency may take, or may request the Alaska Hous…
AS 34.60.140 Regulations.
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State agencies are authorized to adopt regulations to implement this chapter. These regulations must include provisions relating to (1) a moving expense allowance for displaced persons who move from a dwelling, determined according to a schedule; (2) procedures for an aggrieved p…
AS 34.60.150 Definitions.
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In this chapter, (1) “business” means any lawful activity, excepting a farm operation, conducted primarily (A) for the purchase, sale, lease, and rental of personal and real property, and manufacture, processing, or marketing of products, commodities, or other personal property; …
AS 34.65.010 Purpose.
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The purpose of this chapter is to authorize right of entry on land for survey purposes, and to provide a method for preserving evidence of land surveys by filing records of survey and monument records. The provisions of this chapter supplement laws relating to land survey plattin…
AS 34.65.020 Entry upon land for survey purposes.
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(a) A land surveyor or an employee of a land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, to determine geodetic positions, and to make surveys and maps. (b) The land s…
AS 34.65.030 Records of survey.
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After making a survey in conformity with the practice and definition of land surveying, a land surveyor shall record with the district recorder a record of the survey within 90 days if the survey discloses (1) material evidence or physical change that in whole or in part does not…
AS 34.65.040 Records of monument.
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(a) A land surveyor who in the course of a survey establishes, reestablishes, uses as control, or restores a monument to make it readily identifiable or reasonably durable shall record a monument record, unless the monument and its accessories are substantially as described in a …