AS Title 38, Chapter 50: Exchange of State Land

Chapter 50. Exchange of State Land. Sec. 38.50.010. Authorization and procedure for exchange of state land. (a) When it is in the best interest of the state, and subject to the requirements of this chapter and the notice provisions of AS 38.05.945 , the director may, with the consent of the commissioner, dispose of state land or interest in land, including the land estate, the mineral estate, or both, by exchanging it for land, interest in land, or other consideration. (b) Land or an interest in land exchanged must be of approximately equal value; however, the director may accept from or pay to a party to an exchange cash or other consideration to equalize the value of the property conveyed and received by the state. If the director determines that the property to be exchanged is not of approximately equal value or if the value of the property cannot be ascertained with reasonable certainty, the director may enter into an exchange with a finding that the value of the property received, together with the value of other public benefits, equals or exceeds the value of the property relinquished by the state. (c) Exchange procedures must comply with applicable statutes and regulations and follow the determination and review procedures provided under AS 38.05.035 (e). The director may include in a patent or the written finding stipulations necessary to promote or protect the public interest. (d) If the value of the state land exchanged exceeds $5,000,000, or if the exchange is not of an approximately equal value, the director shall forward the proposed exchange to the legislature for review under AS 38.50.140 not later than 10 days after the convening of the next legislative session. Sec. 38.50.020. Value of properties exchanged. Sec. 38.50.030. Parties. (a) The director may exchange land and interests in land with a government agency, organization, corporation, individual, or other person. At the beginning of discussions concerning a proposed exchange, the director shall require proof that each party to the negotiations is the owner of, or is legally entitled to, the property which the party desires to exchange and proof that a person acting as an agent for a principal has the authority to negotiate an exchange in behalf of the principal. (b) The director may negotiate an exchange involving more than one party. Sec. 38.50.040. Land subject to exchange. Sec. 38.50.050. Conveyance of mineral rights. Subject to the requirements of this chapter, the director is authorized to exchange mineral rights in state land to the extent that the conveyance is authorized by the state constitution and applicable federal law. Sec. 38.50.060. Reservations and covenants. The director may include in any patent or other instrument issued under this chapter any reservations and covenants relating to the land which the director considers necessary to protect or promote the public interest. Reservations and covenants may include, but are not limited to, those relating to access, environmental protection, and use or development rights. The director may receive land which is subject to reservations and covenants if the director finds that the reservations and covenants are consistent with the public interest. Sec. 38.50.070. Valid existing rights. Conveyances made by the state under this chapter are subject to valid existing rights, including contracts, permits, leases, rights-of-way, and easements. Unless jurisdiction is waived, the appropriate state agency shall continue to administer valid existing rights, and revenue derived from the existing rights continue to accrue to the state until state land is conveyed under AS 38.50.150 . Sec. 38.50.080. Prohibition against future consideration. (a) The director may not negotiate or enter into a land exchange agreement which requires the identification of land, interest in land, or other consideration, except for the performance of necessary survey work, at any time after the agreement is initially executed. (b) [Repealed, § 13 ch 57 SLA 2016.] Sec. 38.50.090 — 38.50.110 Coordination with other state agencies; finding requirement as to alternatives; notice of proposed exchange. Sec. 38.50.120. Public hearings. (a) For an exchange of state land having an appraised or estimated fair market value of more than $5,000,000, the director shall hold at least two public meetings before the exchange is submitted to the legislature for approval. Meetings under this subsection may be held telephonically, except at least one meeting shall be held in person in a municipality close to the state land proposed for exchange. (b) [Repealed, § 13 ch 57 SLA 2016.] Sec. 38.50.130. Report on proposed exchange. Sec. 38.50.140. Legislative review. Within 10 days after the convening of a regular legislative session, the governor shall transmit to the president of the senate and the speaker of the house of representatives any proposal for a land exchange required to be submitted to the legislature for approval under AS 38.50.010 that is scheduled to occur before the next legislative session. If exigent circumstances seriously affecting state interests so require, the governor may submit the proposed exchange to the legislature at another time. A finding of exigent circumstances shall be carefully documented in the letter of transmittal. The director is authorized to conclude a proposed exchange agreement upon approval by the legislature of the proposed exchange agreement. A decision by the legislature to disapprove a proposed exchange shall be accompanied by a recommendation to the governor with respect to future actions that the director should take concerning the exchange. Sec. 38.50.150. Execution of exchange. If a deed, contract of exchange, or other instrument of conveyance which the director receives to effectuate an exchange is properly executed, acknowledged, and authorized by the appropriate party, the director shall accept conveyance of title to the land and other property which the state is to receive as consideration, and shall issue a patent, contract of exchange, or other instrument of conveyance to the appropriate party for the property which the director is then obligated to convey. Before acceptance by the director of a deed, contract of exchange, or other instrument, no action taken by the director or by any other state official creates a right against the state with respect to state land. Sec. 38.50.160. Regulations. The commissioner may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out the purposes of this chapter. Sec. 38.50.170. Definitions. In this chapter, unless otherwise specified, (1) “commissioner” means the commissioner of natural resources; (2) “director” means the director of the division of lands; (3) “state land” means all land, including shoreland, tideland, and submerged land or unsevered resources belonging to or acquired by the state excluding interests in land severed or constructively severed from the land.