Sec. 38.05.030. Exceptions.

314 words·~1 min read·/ak/title-38/chapter-5/38-05-030·

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

(a)[Repealed, § 88 ch 152 SLA 1984.]

(b)The provisions of this chapter do not apply to any power, duty or authority now or in the future granted to the Department of Transportation and Public Facilities in the name of the state, to acquire, use, lease, dispose of, or exchange real property, or any interest in real property. Land assigned by the division of lands to the Department of Transportation and Public Facilities shall be returned to the management of the division of lands when it is no longer needed for the purposes assigned.

(c)The agencies referred to in

(b)of this section and other state agencies with authority to acquire or dispose of land shall give written notification of the fact of acquisition, lease, disposal, or exchange to the commissioner within three months after the date that they make the acquisition, lease, disposal, or exchange.

(d)Except for land that is required to be returned to the department under

(b)of this section, the Department of Transportation and Public Facilities may dispose of real property acquired by it under AS 02.15.070 , AS 19.05.040

(1)and (2), 19.05.080 — 19.05.120, AS 35.05.040

(1)and (2), and AS 35.20.010 — 35.20.050. Land conveyed under this section to a municipality for less than fair market value shall be credited against the municipality's entitlement under AS 29.65 .

(e)[Repealed, § 20 ch 182 SLA 1978.]

(f)Land owned by the Board of Regents of the University of Alaska is not subject to this chapter.

(g)This chapter does not authorize the commissioner or any employee of the department to acquire title to real property through the use of lease-purchase agreements or lease-financing agreements in which the department is the lessor. For purposes of this section, “lease-purchase agreement” and “lease-financing agreement” have the meanings given those terms in AS 36.30.990 .