11 AAC 69.010. Management of escheated real property by department

(a) This section constitutes the commissioner's finding under AS 38.05.185 (a) that escheated real property is closed to mining and mineral location because those activities are incompatible with recovery by a claimant, and recovery by a claimant is a significant surface use. The closure under this subsection remains in effect until the effective date of a best interest finding under AS 38.95.230 (a), or two years after the date of judgment of escheat, whichever is earlier.

(b) If a best interest finding under AS 38.95.230 (a)(1) commits escheated real property to a surface use incompatible with mining and mineral location, the commissioner will issue a mineral closing order under AS 38.05.185 (a) along with the finding. The mineral closing order remains in effect until seven years after the date of the judgment of escheat, or until the date the property is sold, whichever is earlier.

(c) If a best interest finding under AS 38.95.230 (a)(2) requires the state to retain escheated real property that does not have an established value for redemption under AS 38.95.240 (c), the best interest finding will include a determination that no sale, lease, exchange, assignment, or mining location, nor any other disposal or development, may occur with respect to the escheated real property for the seven-year period during which claims are allowed under AS 38.95.240 . The commissioner will issue a mineral closing order under AS 38.05.185 (a) that states that mineral activity is incompatible with recovery by a claimant. The mineral closing order remains in effect until seven years after the date of the judgment of escheat.

History: Eff. 8/16/89, Register 111

Authority: AS 38.05.020

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