Section 38.05.860. Deposits.

   (a) The commissioner may require an applicant seeking the sale, lease, or other disposal of land or an interest in land, other than under an oil and gas lease, gas only lease, or mineral lease, to deposit an amount covering the estimated cost of an appraisal, survey, and other costs necessary to offer the land or interest in land, including advertising. All deposited funds not expended shall be refunded to the applicant. If the land or interest in land is awarded to a person other than the applicant making the deposit, the person awarded the land shall pay the total actual cost incurred by the department in making the disposal, and the deposit shall be returned to the original applicant. In lieu of requiring the deposit under this subsection, the commissioner may enter into an agreement with an applicant seeking land or an interest in land requiring the applicant to reimburse the department for costs incurred in the disposal if the applicant is awarded the land or interest in land.
   (b) Except as provided in (c) of this section, if a competitive sale or lease of state land, minerals, timber, or materials is to be made by sealed bid, the director may require each bidder to submit an earnest money deposit with each bid.  If the sale or lease is by public auction, the director may require each person desiring to bid to make an earnest money deposit before bidding.  The earnest money deposit of the highest qualified bidder shall be applied toward the sale or lease price. If the successful bidder defaults in the payment of the amount bid, the deposit shall be forfeited to the state.  All other earnest money deposits shall be returned unless the commissioner decides to award the contract to the second highest qualified bidder upon default by the highest bidder rather than call for new bids, in which case the commissioner may retain the deposit of the second highest qualified bidder until final disposition of the land is made.  A successful bidder for a mineral lease who can prove to the satisfaction of the commissioner within 45 days after notification of the lease award that there is a reasonable doubt as to the ability of the state to grant a valid lease to the land may withdraw the amount bid and have the earnest money deposit returned.
   (c) The commissioner shall require each bidder for the competitive leasing of land for oil and gas, or for gas only, to submit with each bid a deposit of money equal to 20 percent of the bonus.

Authorities

38.05.073;38.05.075;38.05.335

Notes

Implemented As

11 AAC 71.045
11 AAC 71.065
11 AAC 71.070
11 AAC 82.435

References

AS 38.05.073 Recreational facilities development leasing.
AS 38.05.075 Leasing procedures.
AS 38.05.335

History

(Sec. 8 art III ch 169 SLA 1959; am Sec. 1 ch 145 SLA 1966; am Sec. 4 ch 155 SLA 1978; am Sec. 18 ch 2 FSSLA 1992; am Sec. 42, 43 ch 49 SLA 2004)