Sec. 38.05.265. Abandonment.

311 words·~1 min read·/ak/title-38/chapter-5/38-05-265

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

(a)Failure to perform the labor or make improvements or make a payment in lieu of labor under AS 38.05.210 (a), timely record a certificate of location or statement of annual labor, timely pay any required annual rental, or timely pay any required production royalty under AS 38.05.212 constitutes abandonment of all rights acquired under the mining claim, leasehold location, or prospecting site involved, and the claim, leasehold location, or prospecting site is subject to relocation by others, unless the failure constituting the abandonment is cured under

(b)of this section. A locator or claimant of an abandoned location or a successor in interest may not relocate the claim, leasehold location, or prospecting site until one year after abandonment. The locator of an abandoned prospecting site may locate a claim or leasehold location on that site at any time. If an annual rental or a royalty payment is deficient but is otherwise timely paid, abandonment does not result if full payment is made within

(1)the period prescribed by a deficiency notice from the department; or

(2)30 days after a final judgment establishing the amount due if the deficiency amount due was contested.

(b)Unless another person has located a mining claim or leasehold location that includes all or part of the mining claim or leasehold location abandoned under

(a)of this section or the area is closed to mineral location under AS 38.05.185 — 38.05.275, a person may cure the failure to record or pay rents or royalties that constituted the abandonment and cure the abandonment by

(1)properly recording a certificate of location or a statement of annual labor, paying any required annual rental, and paying any required production royalty; and

(2)paying a penalty equal to the annual rent for the mining claim or leasehold location that was abandoned under

(a)of this section.