Title 11 . Natural Resources

Chapter 67 . (No Regulations Filed)

Section 53. Preference right to certain business users

11 AAC 67.053. Preference right to certain business users

(a) Upon a written finding under AS 38.05.035 (e) that the interests of the state will best be served, the director will grant a preference right to lease without competitive bid, or purchase at appraised fair market value, up to five acres of state land to an applicant who submits written proof

(1) of entering the land while the land was under federal jurisdiction;

(2) of erecting and using, for at least five years while the land was under federal jurisdiction, a building erected under any authorization required under federal law;

(3) that the federal classification of the land at the time the land was entered did not specifically prohibit entering the land, the construction of a building, or business use of the land;

(4) that the business produced at least 25 percent of the applicant's total income for the five years preceding the date of the application for a preference right; and

(5) of permit or lease authorized by the state after the state selected the land.

(b) The finding required under (a) of this section will address whether granting the preference right would interfere with public use of the land.

(c) The date of appraised fair market value is the date that the finding made under AS 38.05.035 (e) is signed, and is subject to adjustment if the purchase is not completed within two years after the date the finding is signed.

(d) For the purposes of this section, "written proof" means copies of government records, income receipts or copies of tax returns, and photographs, and may be supplemented by affidavits, if necessary.

History: Eff. 7/19/85, Register 95

Authority: AS 38.05.020

AS 38.05.035