Section 38.05.090. Removal or reversion of improvements upon termination of leases.

   (a) Unless otherwise agreed to in writing by the commissioner, a lessee shall remove from a former leasehold
        (1) all personal property, including above-ground tanks, transportable buildings, equipment, machinery, tools, and other goods, not belonging to the state, within 30 days after termination of the lease; and
        (2) all buildings and fixtures, including gravel pads, and below-ground tanks, foundations, and slabs, not belonging to the state, within 60 days after termination of the lease.
   (b) Unless otherwise agreed to in writing by the commissioner, the lessee shall restore the leasehold to a good and marketable condition, acceptable to the commissioner, within 120 days after termination of the lease.
   (c) If the lessee does not remove personal property, buildings, and fixtures as required within the time specified under (a) of this section, title to the personal property, buildings, and fixtures that remain automatically vests in the state unless the commissioner elects to remove and dispose of the remaining personal property, buildings, and fixtures of the lessee. The commissioner may assess upon the lessee the cost of removing and disposing of personal property, buildings, and fixtures remaining upon the land.
   (d) If the lessee does not restore the land within the time period specified under (b) of this section, the commissioner may have the land restored and assess the costs upon the lessee.
   (e) As part of a lease agreement, and in order to protect the public interest, the commissioner may require terms for removal or reversion of improvements additional to those specified in (a) - (d) of this section.
   (f) Private residential improvements of a lessee that have become fixtures of the land and that are not removed by that lessee upon termination of the lease shall be purchased by the subsequent purchaser of the land if the improvements were authorized in the former lease or by permit from the director and if they have a net value of more than $10,000. The net value is the value of the improvements as determined by an appraisal approved by the commissioner, less all rents due the department, all costs of restoration under (d) of this section, and all department expenses estimated to be incurred in making the sale. After termination of the former lessee's lease, and at additional times as determined necessary by the commissioner, the value of the authorized residential fixtures shall be determined by an independent appraisal made at the cost of the former lessee. A notice or offer by the state to sell formerly leased land under this subsection must state (1) the appraised value of authorized residential fixtures remaining on the land that must be purchased, and (2) that that cost is included in the purchase price. Out of the proceeds of the sale, the department shall pay to the former lessee the appraised value of the residential improvements, less all rents due the department, all costs of restoration due the department under (d) of this section, and all department expenses incurred in making the sale.
   (g) Personal property described in (c) of this section is not subject to AS 34.45 (Uniform Unclaimed Property Act).

Authorities

38.05.600;38.08.050;38.09.040

Notes

Implemented As

11 AAC 54.430
11 AAC 60.100
11 AAC 67.165
11 AAC 71.310

References

11 AAC 54.430
11 AAC 60.100
11 AAC 63.080
11 AAC 67.146
11 AAC 67.148
11 AAC 67.149
AS 38.05.600 Remote recreational cabin sites.
AS 38.08.050 Revocation of entry permit.
AS 38.09.040 Revocation of entry permits.

History

(Sec. 4 art V ch 169 SLA 1959; Sec. 12 ch 61 SLA 1960; Sec. 5 ch 74 SLA 1961; am Sec. 1 ch 140 SLA 1966; am Sec. 21 ch 91 SLA 1997)