11 AAC 86.223. Abandonment, relinquishment, and relocation

(a) For purposes of AS 38.05.265 and this section, a "successor in interest" to a locator or claimant means

(1) the spouse, child, sibling, or parent of the locator or claimant;

(2) a person or association described in AS 38.05.190 (a) that owned an interest in the locator's or claimant's location; or

(3) a corporation or association that is described in AS 38.05.190 (a)(5) or AS 38.05.190 (a)(6) that owned an interest in the locator's or claimant's location, but only if a majority of the ownership of the corporation or association is held by a person or association described in (1) or (2) of this subsection.

(b) A locator may not include in a new location any part of a mining claim or leasehold location abandoned under AS 38.05.265 less than a year ago by that locator or by a person to whom the locator is a successor in interest, regardless of whether the abandoned location was an MTRSC or a traditional location.

(c) The posting date for a relinquished MTRSC or traditional location will be used as the date for determining the rental owed under 11 AAC 86.221(b) for a new traditional location, a new MTRSC location, or a traditional location that is converted to an MTRSC location under 11 AAC 86.250 - 11 AAC 86.255 if

(1) the relinquished location is relinquished under circumstances not constituting abandonment under AS 38.05.265 ;

(2) within a year after relinquishing the relinquished location, its former owner or a successor in interest posts the new traditional location, the new MTRSC location, or the converted MTRSC location; and

(3) the new traditional location, the new MTRSC location, or the converted MTRSC location includes any part of the relinquished location.

(d) If a locator posts an MTRSC location over an existing location, and is the locator of or a successor in interest to the locator of the existing location, the new location will be considered to be a converted MTRSC location that is subject to 11 AAC 86.250.

History: Eff. 8/26/98, Register 147; am 1/19/2002, Register 161

Authority: AS 38.05.020

AS 38.05.265

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