3 AAC 190.470. Preference right based on equity

Upon first obtaining the general approval, by resolution of the recognized village entity or the village residents as provided in 3 AAC 190.110 - 3 AAC 190.290, that a specific parcel of improved municipal trust land should be made available for disposal under this section, the commissioner will, in his or her discretion, offer and grant, to any person who has a valid claim based upon equity in the improvements located on that parcel, a preference right to acquire that parcel. In order to be eligible for a preference right under this section, the claimant's equity must be based upon improvements existing on the parcel before tender of that parcel by the village corporation under 3 AAC 190.010 - 3 AAC 190.065. Before conveying land or an interest in land under this section, the commissioner will first give public notice of the proposed transaction as provided in 3 AAC 190.910. The notice will require that any person having an adverse equity interest in the improvements located on that parcel must file a claim with the commissioner within 30 days after publication of the notice in order that the adverse claimant's interests may be considered before disposal of the parcel. If a conflict arises between two or more claimants under this section, the commissioner will give each party an opportunity to present evidence to support his or her claim of equitable interest in the improvements before making a written decision concerning an award of a preference right. The commissioner will also give the recognized village entity or the village residents, as provided in 3 AAC 190.110 - 3 AAC 190.290, an opportunity to review the evidence presented by the parties in the conflict and to make a recommendation to the commissioner concerning the relative equities of the parties. A written decision of the commissioner as to the appropriate party having a sufficient interest superior to all others, if any, which justifies granting a preference right under this section, may be appealed to superior court by an aggrieved party.

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

Authority: AS 44.33.755

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