Sec. 44.33.755. Land conveyed in trust.

396 words·~2 min read·/ak/title-44/chapter-33/44-33-755

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

(a)The commissioner

(1)shall accept, administer, and dispose of land conveyed to the state in trust by village corporations under 43 U.S.C. 1613(c)(3) (Sec. 14(c)(3) of the Alaska Native Claims Settlement Act) for the purposes specified in that section;

(2)may, with the concurrence of an appropriate village entity recognized by the commissioner under

(b)of this section or, in the absence of an appropriate village entity, under procedures prescribed by regulations of the commissioner, accept, administer, and dispose of land conveyed in trust by a state or federal agency and by the dissolution of a municipality under AS 29.06.450 — 29.06.530.

(b)Transfer of land by sale, lease, right-of-way, easement, or permit, including transfer of surface resources, may be made by the commissioner only after approval of an appropriate village entity such as the traditional council, a village meeting, or a village referendum. This approval shall be by resolution filed with the department.

(c)Within one complete state fiscal year after the incorporation of a municipality in the village or of a municipality that includes all or part of the village, land acquired under this section shall be conveyed without cost to the municipality, and the municipality shall succeed to all the entrusted interest in the land.

(d)Separate accounts shall be maintained in the name of each village for the land, including the revenue from the land, acquired from each village corporation under this section.

(e)Upon the conveyance of land to a municipality under this section, the commissioner shall account to the municipality for all profits including interest generated from the land. The municipality may then request the governor to submit a request to the legislature for an appropriation for the amount due the municipality.

(f)Title to or an interest in land acquired by the department under this section may not be acquired by adverse possession or prescription. Notwithstanding

(a)—

(e)of this section, on the dissolution of a municipality under AS 29.06.450 — 29.06.530, unimproved land that was owned by the municipality on the date of its dissolution and received by the municipality from the state under a municipal land grant entitlement program is transferred to the commissioner of natural resources.

(g)For the purposes of this section, “municipality” includes only first and second class cities incorporated under the laws of the state.