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Title 3 . Commerce, Community, and Economic Development
Chapter 190 . Real Property From Dissolved Municipalities
Section 440. Commissioner's approval required for disposal

3 AAC 190.440. Commissioner's approval required for disposal

The commissioner will not dispose of specific municipal trust land or interests in it if he or she finds that the disposal would be inconsistent with the good faith execution of the commissioner's trust responsibility to a first or second class city that might be incorporated in the Native village. A resolution of a recognized village entity or the village residents, as provided in 3 AAC 190.110 - 3 AAC 190.290, requesting and approving the disposal of specific municipal trust land does not unilaterally impose a duty upon the commissioner to make such a disposal. If the commissioner does not approve of a specific disposal as requested and approved by resolution of the recognized village entity or the village residents, the commissioner will, within 120 days after receipt of such a resolution, state to the recognized village entity or village residents, in a written decision, his or her reasons for deciding not to proceed with that specific disposal. The commissioner will cause a copy of that written decision to be posted publicly in the manner provided by 3 AAC 190.910(b) (2) for 30 days.

History: Eff. 9/21/79, Register 71; am 11/19/88, Register 108

Authority: ANCSA, sec. 14(c)(3)

AS 44.17.030

AS 44.33.755 (a)

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Last modified 7/05/2006