11 AAC 67.146 - Plat of survey
(a) A homestead staked under AS 38.09 must be
surveyed by a surveyor registered in Alaska, and a plat of survey must be filed
with the department. The survey must
(1)
comply with 11 AAC 53;
(2) identify
easements and rights-of-way required by the director under
AS
38.09.050(c), or required
under other laws, or that are of record or existing by law;
(3) identify public access and utility
easements, to be located along the inside of each homestead boundary and equal
to one of the following widths:
(A) 25 feet
for homesteads of 40 acres or less; or
(B) 50 feet for homesteads of more than 40
acres; and
(4) comply
with all applicable municipal platting and subdivision requirements.
(b) The entryperson shall secure
any plat approvals that may be required by a municipality. The entryperson
shall pay the standard fee for filing the plat of survey with the recording
office, and shall pay all fees that may be charged by a municipality for review
and approval of the survey plat.
(c) This subsection is applicable only to an
entryperson whose permit was in effect before June 16, 1987, who wishes to
purchase the land under
AS
38.09.090(a), and who has
made a good-faith effort to obtain a plat of survey within two years after the
permit was issued. A request for extension of survey completion time under
former AS
38.09.040(b) must be filed
within two years after issuance of the entry permit, showing by objective facts
that the entryperson acted in a timely and reasonable manner to arrange for the
survey of the entry. An extension granted for completion of the survey does not
extend the time for completion of any other homestead requirement.
(d) If, within five years after the date an
entry permit was issued, the entryperson fails to submit a plat of survey
required by
AS
38.09.050(a)(2) that meets
the requirements of (a) of this section, the entry permit automatically expires
and all rights of the entryperson to the homestead terminate. Any improvements
or property of the entryperson will be managed by the department under
AS
38.05.090.
Notes
Authority:AS 38.05.020
AS 38.05.035
AS 38.09.040
AS 38.09.050
AS 38.09.090
AS 38.09.110
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