Sec. 38.04.020. Land disposal bank.

940 words·~4 min read·/ak/title-38/chapter-4/38-04-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The commissioner shall establish a land disposal bank containing state land classified for disposal into private ownership.

(b)The land disposal bank does not include

(1)land nominated for selection or selected by a municipality to satisfy a general grant land entitlement under AS 29.65 or former AS 29.18.201 — 29.18.213;

(2)land retained in state ownership for multiple-use management;

(3)land where less than a fee simple title has been conveyed;

(4)land retained in state ownership under an enactment of the legislature or by the governor or a state agency under authority of law.

(c)Land to be retained in state ownership may be classified by the commissioner into multiple-use management categories under AS 38.05.300 . Land outside a municipality to be retained in state ownership consists of land classified for retention in state ownership by the commissioner by July 1, 1985. Land conveyed to the state by the federal government that is to be retained in state ownership consists of land classified by the commissioner within two years of receipt of tentative approval or patent, whichever occurs first. State land not classified for retention in state ownership or selected by a municipality under this section shall be classified and included in the land disposal bank. The commissioner shall ensure that the bank includes at least 500,000 acres.

(d)By January 15 of the first session of each legislature, the commissioner shall notify the legislature that the commissioner has available a report on the status of land in the land disposal bank under the following categories:

(1)land suitable for homestead disposal;

(2)land suitable for subdivision disposal;

(3)land suitable for agricultural, commercial, or industrial disposal; and

(4)land suitable for other purposes.

(e)The commissioner shall annually submit to the governor an appropriation request for funding estimated to be necessary for the next two years to allow

(1)survey and disposal of land proposed to be made available for homestead staking, with the general location of the land;

(2)survey and disposal of land to be offered as agricultural, commercial, industrial, or other uses under AS 38.05.055 or 38.05.057, with the general location of the land;

(3)the survey and disposal of land proposed to be offered as subdivisions, with the general location of the land;

(4)preliminary feasibility studies, engineering design work, right-of-way acquisition, and construction of access roads and capital improvements required by municipal subdivision ordinance or regulation of the platting authority;

(5)identification of land that will be proposed for disposal under this subsection in future fiscal years.

(f)The request of the commissioner under

(e)of this section shall include an analysis and an assessment of the market demand for the land proposed for disposal.

(g)After July 1 of each year, the commissioner shall direct the expenditure of money appropriated for the disposal of land in response to requests made under

(e)and

(f)of this section for the following:

(1)land designated as suitable for homestead disposal shall be classified and surveyed under this chapter and AS 38.05 and made available for staking and lease under AS 38.09 ;

(2)land designated as suitable for subdivision and homesite disposal shall be surveyed, subdivided, classified, and disposed of under this chapter, AS 38.05 , and AS 38.08 ;

(3)land designated commercial, industrial, or suitable for other disposal shall be sold under AS 38.05.055 or 38.05.057;

(4)land designated agricultural shall be disposed of under AS 38.05.055 — 38.05.065, except the Board of Agriculture and Conservation ( AS 03.09.010 ) shall receive notice of each proposed disposal and be given an opportunity to comment before the final disposal decision is made.

(h)Individual parcels disposed of in subdivisions intended for private residential or recreational use may not exceed five acres unless the commissioner determines that a larger size is necessary to comply with municipal ordinances; to permit the design of a viable subdivision because of topographical features, soil conditions, on-site sewage disposal requirements, or water drainage or supply considerations that are unique to the subdivision; to increase the return to the state from the sale of the parcels; to minimize adverse effect on wildlife, fishery, public recreation, timber, or other significant resources in the area; or to minimize adverse effect on other residential uses in the area.

(i)Nothing in this section prevents the disposal of other land by the commissioner in accordance with AS 38.05.055 , 38.05.057, 38.05.070, the issuance of remote recreational cabin site leases or sales under AS 38.05.600 , AS 38.08 , AS 38.09 , or other law.

(j)A person or an agency of the state may nominate land retained in state ownership for inclusion in the land disposal bank or may nominate land in the land disposal bank for retention in state ownership. The commissioner shall hold public hearings semiannually to take nominations under this subsection. A transfer of land from retention in state ownership to the land disposal bank or from the land disposal bank to retention in state ownership shall be accomplished through a classification order under AS 38.05.300 and with notice under AS 38.05.945 . The commissioner shall make a written determination within six months after receipt of a nomination if the commissioner determines that the land nominated will not be classified or reclassified as requested.

(k)The commissioner may withdraw from the land disposal bank state land that has been offered for disposal but not conveyed within five years after the inclusion in the land disposal bank. State land withdrawn from the land disposal bank under this section must be reclassified under AS 38.04.065 .