Section 38.05.130. Damages and posting of bond.

Rights may not be exercised by the state, its lessees, successors, or assigns under the reservation as set out in AS 38.05.125 until the state, its lessees, successors, or assigns make provision to pay the owner of the land full payment for all damages sustained by the owner, by reason of entering upon the land.  If the owner for any cause refuses or neglects to settle the damages, the state, its lessees, successors, assigns, or an applicant for a lease or contract from the state for the purpose of prospecting for valuable minerals, or option, contract, or lease for mining coal or lease for extracting geothermal resources, petroleum, or natural gas, may enter upon the land in the exercise of the reserved rights after posting a surety bond determined by the director, after notice and an opportunity to be heard, to be sufficient as to form, amount, and security to secure to the owner payment for damages, and may institute legal proceedings in a court where the land is located, as may be necessary to determine the damages which the owner may suffer.

Authorities

38.05.180

Notes

Implemented As

11 AAC 83.155
11 AAC 83.158
11 AAC 83.346
11 AAC 84.750
11 AAC 84.790
11 AAC 84.870
11 AAC 86.145
11 AAC 86.805
11 AAC 96.025

References

11 AAC 83.155
11 AAC 86.145
AS 38.05.180 Oil and gas and gas only leasing.

History

(Sec. 2 art VII ch 169 SLA 1959; am Sec. 15 ch 61 SLA 1960; am Sec. 3 ch 175 SLA 1980)