Section 38.08.040. Issuance of entry permit.

   (a) An applicant meeting the qualifications for homesite entry under AS 38.08.030 and selected under (f) of this section shall be issued a revocable permit to occupy and improve the homesite in order to qualify for issuance of patent as provided in this chapter. The holder of a homesite entry permit shall pay, in advance, an annual rental fee of $100.
   (b)   [Repealed, Sec. 19 ch 67 SLA 1983].
   (c) The permit may not be assigned, conveyed, or in any manner transferred except by testate or intestate succession, to a spouse during marriage, by order of a court as part of a divorce or dissolution of marriage settlement, or to either a member of the immediate family or a grantee of the applicant in the case of an extreme emergency or illness that disables the applicant. An attempt to assign, convey, transfer, or acquire a permit except as permitted by this subsection or by (e) of this section is void and constitutes a substantial breach of the permit.
   (d) An applicant may apply for more than one available homesite. Except as provided in (e) of this section,
        (1) a  person holding a homesite patent may not apply for a homesite entry permit;
        (2) a person may not simultaneously hold more than one homesite entry permit; and
        (3) a person who is a member of the homesite entry permit holder's household may not be issued a homesite entry permit while a member of the homesite entry permit holder's household.
   (e) The limitations against applying for or holding a homesite patent or homesite entry permit set out in (c) and (d) of this section do not apply to a homesite patent or homesite entry permit
        (1) transferred by testate or intestate succession; or
        (2) transferred with the approval of the director in the case of an extreme emergency involving a person applying for or holding a patent or permit or in the case of an illness that disables the person.
   (f) If only one application for a homesite parcel is received, the commissioner shall offer an entry permit for the parcel to the applicant provided the applicant is otherwise qualified. If more than one application is received for a parcel, the commissioner shall select by lottery the applicant who is entitled to receive the permit for the parcel. The lottery shall be conducted under regulations adopted by the commissioner that are to the maximum extent practicable consistent with the provisions of AS 38.05.057 and the regulations adopted under that section.

Notes

Implemented As

11 AAC 67.060
11 AAC 67.085

References

11 AAC 67.060

History

(Sec. 2 ch 142 SLA 1977; am Sec. 39 ch 113 SLA 1981; am Sec. 19 ch 67 SLA 1983; am Sec. 50 ch 152 SLA 1984; am Sec. 1 - 3 ch 35 SLA 1991; am Sec. 30, 31 ch 91 SLA 1997)