11 AAC 67.165. Actions for trespass, damages, and forfeiture. [Annulled; see editor's note.]

(a) Any development or use of an agricultural interest conveyed under secs. 160 - 195 of this chapter by a grantee which is inconsistent with or contrary to sec. 162(b) of this chapter is a violation of the terms of conveyance and constitutes, together and as separate legal matters

(1) a breach of a condition subsequent;

(2) a breach of covenant; and

(3) a breach in the form of a trespass upon the remaining interest of the state.

(b) In the event of a violation described in (a) of this section, the director shall give written notice of the violation by certified mail to the record owner of the land and to the holder of any recorded security interest in the land. The record owner has no more than six months from the receipt of the notice to correct the violation. If the record owner fails or refuses to correct the violation, the holder of a recorded security interest who has received notice under this subsection may correct the violation to the extent the holder is empowered to do so, through, as appropriate, the payment of money, the performance of an act, or contracting for the performance of an act. The holder of a recorded security interest shall act within six months after notice is received under this subsection, or within an additional period as the director may allow for good cause.

(c) If the violation is not corrected to the satisfaction of the director within the period of time allowed under (b) of this section, the director may bring an action for injunction to abate the trespass upon the remaining interest of the state and an action for damages for breach of covenant against the grantee, together with any other remedy authorized by law, except that the director shall waive exercise of the right of reentry and power of termination for breach of condition subsequent unless action is also taken under (d) of this section.

(d) If the violation is not corrected to the satisfaction of the director within the period of time allowed under (b) of this section, and the violation is of such extent or gravity as to result in prolonged or permanent damage to or impairment of the usefulness or productivity of the land for agricultural purposes, the director may, in addition to the actions and remedies authorized by (c) of this section, exercise the right of reentry and the power of termination for breach of a condition subsequent after written notice of that action or of other necessary proceedings to the record owner and the holder of any recorded security interest, which results in the forfeiture of the agricultural interest to the state. Before acting under this subsection, the director shall consult with the local soil conservation subdistrict established by AS 41.10.130 . Upon forfeiture of the agricultural interest, improvements and chattels upon the land must be removed by the prior owner within 60 days thereafter. Any improvements remaining after the end of 60 days become the property of the state.

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

Authority: AS 38.04.900

Editor's note: Effective August 5, 1997, 11 AAC 67.165 was annulled by sec. 15, ch. 20, SLA 1997.

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