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.
Notes
Authority:AS 38.05.020
AS 38.05.185
AS 38.95.230
AS 38.95.240
AS 44.17.030
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