Section 38.04.045. Survey and subdivision.

   (a)   [Repealed, Sec. 88 ch 152 SLA 1984].
   (b) Before the issuance of a long-term lease under AS 38.05.070 or of a patent for state land, an official cadastral survey shall be accomplished, unless a comparable, approved survey exists that has been conducted by the federal Bureau of Land Management. Before land may be offered under AS 38.08 or AS 38.09, or before land may be offered under AS 38.05.055 or 38.05.057, except land that is classified for agricultural uses, an official rectangular survey grid shall be established. The rectangular survey section corner positions shall be monumented and shown on a cadastral survey plat approved by the state. For those areas where the state may wish to convey surface estate outside of an official rectangular survey grid, the commissioner may waive monumentation of individual section corner positions and substitute an official control survey with control points being monumented and shown on control survey plats approved by the state. The commissioner may not issue more than one conveyance for each section within a township outside of an official rectangular survey grid. Land to be conveyed may not be located more than two miles from an official survey control monument except that the commissioner may waive this requirement on a determination that a single purpose use does not justify the requirement if the existing status of the land is known with reasonable certainty. The lots and tracts in state subdivisions shall be monumented and the cadastral survey and plats for the subdivision shall be approved by the state. Where land is located within a municipality with planning, platting, and zoning powers, plats for state subdivisions shall comply with local ordinances and regulations in the same manner and to the same extent as plats for subdivisions by other landowners. State subdivisions shall be filed and recorded in the district recorder's office. The requirements of this section do not apply to land made available for material sales, for short-term leases, for parcels adjoining a surveyed right-of-way, or for land that has been open to random staking under the homestead program in the past; however, for short-term leases, the lessee shall comply with local subdivision ordinances unless waived by the municipality under procedures specified by ordinance. In this subsection, "a single purpose use" includes a communication site, an aid to navigation, and a park site.

Authorities

37.14.009;38.05.075;38.09.010;40.15.305

Notes

Recent Bills that will modify this

HB 327 PERM. FUND DIVIDEND LAND SALE

Implemented As

11 AAC 05.010
11 AAC 51.015
11 AAC 51.100
11 AAC 53.010
11 AAC 53.020
11 AAC 53.030
11 AAC 53.040
11 AAC 53.050
11 AAC 53.100
11 AAC 53.110
11 AAC 53.120
11 AAC 53.130
11 AAC 53.140
11 AAC 53.150
11 AAC 53.160
11 AAC 53.170
11 AAC 53.180
11 AAC 53.190
11 AAC 53.200
11 AAC 53.210
11 AAC 53.220
11 AAC 53.230
11 AAC 53.240
11 AAC 53.260
11 AAC 53.400
11 AAC 53.410
11 AAC 53.420
11 AAC 53.430
11 AAC 53.450
11 AAC 53.730
11 AAC 53.900
11 AAC 63.100
11 AAC 67.020

References

11 AAC 05.010
11 AAC 63.100
AS 37.14.009 Trust management.
AS 38.05.075 Leasing procedures.
AS 38.09.010 Designation of land for homestead entry.
AS 40.15.305 Examination of plats before recording.

History

(Sec. 5 ch 181 SLA 1978; am Sec. 11, 88 ch 152 SLA 1984; am Sec. 1 ch 123 SLA 1988; am Sec. 29 ch 161 SLA 1988; am Sec. 2 ch 1 FSSLA 1996; am Sec. 2 ch 20 SLA 1997; am Sec. 7 ch 91 SLA 1997)