11 AAC 82.645 - Conforming protracted description to official surveys
(a) If a lease is
issued describing land according to a protracted survey and if thereafter the
leased land is surveyed under the public land rectangular system, the
boundaries of the lease land are those established by the latter survey when it
is approved by the commissioner. Before conforming the lease boundaries, the
department will notify each lessee of land affected by the survey and permit
those lessees to examine the plat of survey and the field notes. If such a
lessee believes that the survey is erroneous and would because of an error move
any boundary of a lease held by him more than 10 feet, or in the case of an oil
and gas lease on which there is no well capable of producing in paying
quantities, one-quarter of a mile, then he may, within 30 days after that
notice, file with the department written objections to the survey specifying in
detail the error alleged, the boundary affected and the effect on it, and
stating whether a hearing is demanded.
(b) If a hearing is demanded under (a) of
this section, the commissioner will establish a time and place for the hearing
and mail reasonable notice of it to all lessees of record affected by the
survey.
(c) The commissioner will
consider all written objections and all evidence presented at the hearing, and
if he finds that any lease boundary, as established by the lessee, would be
affected in excess of the limits specified in (a) of this section, and he finds
reasonable cause to believe that the effect may be the result of an error in
the survey, whether or not within the allowable limits of error according to
the generally accepted standards of surveying, and any lessee or lessees agree
to bear the cost of a resurvey as provided for in (d) of this section, the
survey is not approved and the commissioner will order a resurvey.
(d) A resurvey ordered under (c) of this
section must be made by an independent professional land surveyor licensed in
Alaska and appointed by the commissioner, who will consult with any interested
lessees before making the appointment. The commissioner will fully apprise the
surveyor of any alleged errors and furnish him copies of all written objections
and other evidence submitted concerning the original survey.
(e) Upon receipt of the resurvey, the
commissioner will notify all affected lessees of it and permit the lessees to
examine the plat of resurvey and the field notes. A lessee may within 30 days
after receipt of the notice file written objections in the manner provided in
(a) of this section. If objections are received, the commissioner may, at his
discretion, order a further hearing or a further resurvey in the manner
provided in (d) of this section.
Notes
Authority:AS 38.05.020
AS 38.05.035
AS 38.05.145(a)
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