Section 38.05.265. Abandonment.

   (a) Failure to properly record a certificate of location or a statement of annual labor, pay any required annual rental, or pay any required production royalty as required by AS 38.05.185 - 38.05.200, 38.05.210 - 38.05.245, 38.05.252 - 38.05.275, and by regulations adopted under these sections 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. A statement of annual labor that does not accurately set out the essential facts is void and of no effect. 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 commissioner; 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 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.

Notes

Implemented As

11 AAC 86.215
11 AAC 86.220
11 AAC 86.221
11 AAC 86.223
11 AAC 86.250
11 AAC 86.255
11 AAC 86.260
11 AAC 86.265
11 AAC 86.270
11 AAC 86.290
11 AAC 86.313
11 AAC 86.314
11 AAC 86.410
11 AAC 86.422
11 AAC 86.515
11 AAC 86.541
11 AAC 86.772
11 AAC 86.778
11 AAC 86.790
11 AAC 86.793
11 AAC 86.810

References

11 AAC 86.115
11 AAC 86.220
11 AAC 86.221
11 AAC 86.223
11 AAC 86.250
11 AAC 86.265
11 AAC 86.270
11 AAC 86.410
11 AAC 86.430
11 AAC 86.515
11 AAC 86.541
11 AAC 86.810

History

(Sec. 1 art IX ch 169 SLA 1959; am Sec. 1 ch 123 SLA 1961; am Sec. 13 ch 93 SLA 1984; am Sec. 7 ch 101 SLA 1989; am Sec. 16 ch 56 SLA 1997; am Sec. 8 ch 74 SLA 2000; am Sec. 1, 2 ch 26 SLA 2004)