11 AAC 67.162. Title and interest conveyed. [Annulled; see editor's note.]

(a) Under 11 AAC 67.160 - 11 AAC 67.195, the state will convey only that portion of the state's title which constitutes the agricultural interest in the tract conveyed. The state's sale of the agricultural interest is the conveyance of the surface estate in fee simple subject to the conditions subsequent and covenants relating to agricultural use and development set out in (b) of this section. All other interests in the property remain in the absolute ownership of the state as prescribed by AS 38.05.069 and 38.05.321, and may not be trespassed upon by the grantee. The conveyance includes the right to exclusive possession. The agricultural interest may be alienated, encumbered, and inherited and is subject to the provisions of 11 AAC 67.192. The agricultural interest may not be augmented except as provided in AS 38.05.069 (c), and may not be diminished except in the case of a forfeiture under this chapter.

(b) A grantee of an agricultural interest conveyed under 11 AAC 67.160 - 11 AAC 67.195 must

(1) comply with the terms, conditions, and limitations attached to the conveyance;

(2) comply with applicable laws and regulations; and

(3) use the land only for

(A) the production of plants and animals useful to man, including, without limitation, forage and sod crops; grains and feed crops; fruits, trees, and vegetables; dairy animals and products; and livestock; all such production must be consistent with the farm conservation plan, but without the right to construct fixed, permanent or immovable structures except as specified in (C) of this paragraph;

(B) the maintenance of the land conveyed in its existing natural or undeveloped state, unless otherwise required by a farm development plan;

(C) the construction of fixed, permanent, or immovable structures reasonably required for or related to agricultural production, including that farmstead normally required for yards, driveways, parking, barns, and other outbuildings, and similar uses, to the extent permitted by the director under sec. 187 of this chapter and authorized and depicted in the farm conservation plan;

(D) the subdivision, for agricultural purposes only, of the land under the farm conservation plan and the requirements of this chapter;

(E) the use of gravel reasonably required for agricultural production only on the parcel conveyed, as authorized and depicted in the farm conservation plan;

(F) removal and disposition of timber by sale, gift, or other means in order to bring agricultural land into production, as authorized and depicted in the farm conservation plan and in accordance with accepted principles of land management and conservation.

History: Eff. 4/28/78, Register 66

Authority: AS 38.04.900

Editor's note: Effective August 5, 1997, 11 AAC 67.162 was annulled by sec. 15, ch. 20, SLA 1997.

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