Section 38.08.060. Issuance of patent.

   (a) A person who enters upon homesite entry land under a permit issued by the director shall be issued a patent to the land conveying an unencumbered title if that person
        (1) occupies the land for a cumulative total of 35 months within the seven-year period following issuance of the homesite entry permit;
        (2) erects a habitable, permanent, single-family dwelling on the homesite, that meets all applicable state and local regulations, within five years of the date of issuance of the homesite entry permit; for the purposes of this paragraph, a mobile home is not considered to be a permanent dwelling unless it is placed on and permanently attached to a permanent foundation;
        (3) reimburses the state for the survey and platting undertaken in accordance with this chapter; the director shall provide by regulation for installment payments of this requirement.
   (b) Nothing in this chapter shall be construed to prohibit a person issued a homesite entry permit from residing in a temporary habitable dwelling on the homesite until revocation of the homesite entry permit.
   (c) Except as provided in (f) and (g) of this section, a person
        (1) may not be issued more than one patent during a lifetime;
        (2) who is a member of a patent holder's household may not be issued a permit while a member of the patent holder's household.
   (d) If a dwelling is found to have been substantially completed under AS 38.08.100(1), patent shall be issued upon completion of the dwelling if that completion meets the requirements of AS 38.08.100(2), notwithstanding (a)(2) of this section.
   (e) A permit holder who meets each of the provisions of (a) of this section except for (a)(1) and who tenders the commissioner an amount equal to five percent of the purchase price of the land within seven years of the issuance of the permit may purchase the land under AS 38.05.065.  The purchase price of the land is the fair market value of the land at the time of purchase.
   (f) Notwithstanding (c) of this section, an applicant who inherits the homesite entry permit of another applicant may
        (1) qualify under this section for each homesite entry;
        (2) use the efforts of the deceased applicant to qualify for the patent to the inherited entry; and
        (3) be issued a patent under this section.
   (g) The limitations against applying for or holding a homesite patent or homesite entry permit set out in this section do not apply to a homesite patent or 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 holding a patent or permit or in the case of an illness that disables the person.

Authorities

38.08.030;38.08.050;38.08.100

Notes

Implemented As

11 AAC 67.080
11 AAC 67.090
11 AAC 67.091
11 AAC 67.092
11 AAC 67.875
11 AAC 67.877

References

11 AAC 67.091
11 AAC 67.092
AS 38.08.030 Applications for homesite entry; fees.
AS 38.08.050 Revocation of entry permit.
AS 38.08.100 Revocation of entry permit.

History

(Sec. 2 ch 142 SLA 1977; am Sec. 11 ch 181 SLA 1978; am Sec. 42 ch 85 SLA 1979; am Sec. 38 ch 113 SLA 1981; am Sec. 51 ch 152 SLA 1984; am Sec. 4 - 7 ch 35 SLA 1991)