- Alaska Statutes.
- Title 38. Public Land
- Chapter 5. Alaska Land Act
- Section 90. Removal or Reversion of Improvements Upon Termination of Leases.
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AS 38.05.090. Removal or Reversion of Improvements Upon Termination of Leases.
- (a) Unless otherwise agreed to in writing by the commissioner, a lessee shall remove from a former leasehold
- (1) all personal property, including above-ground tanks, transportable buildings, equipment, machinery, tools, and other
goods, not belonging to the state, within 30 days after termination of the lease; and
- (2) all buildings and fixtures, including gravel pads, and below-ground tanks, foundations, and slabs, not belonging to
the state, within 60 days after termination of the lease.
- (b) Unless otherwise agreed to in writing by the commissioner, the lessee shall restore the leasehold to a good and
marketable condition, acceptable to the commissioner, within 120 days after termination of the lease.
- (c) If the lessee does not remove personal property, buildings, and fixtures as required within the time specified under
(a) of this section, title to the personal property, buildings, and fixtures that remain automatically vests in the
state unless the commissioner elects to remove and dispose of the remaining personal property, buildings, and fixtures
of the lessee. The commissioner may assess upon the lessee the cost of removing and disposing of personal property,
buildings, and fixtures remaining upon the land.
- (d) If the lessee does not restore the land within the time period specified under (b) of this section, the commissioner
may have the land restored and assess the costs upon the lessee.
- (e) As part of a lease agreement, and in order to protect the public interest, the commissioner may require terms for
removal or reversion of improvements additional to those specified in (a) - (d) of this section.
- (f) Private residential improvements of a lessee that have become fixtures of the land and that are not removed by that
lessee upon termination of the lease shall be purchased by the subsequent purchaser of the land if the improvements
were authorized in the former lease or by permit from the director and if they have a net value of more than $10,000.
The net value is the value of the improvements as determined by an appraisal approved by the commissioner, less all
rents due the department, all costs of restoration under (d) of this section, and all department expenses estimated to
be incurred in making the sale. After termination of the former lessee's lease, and at additional times as determined
necessary by the commissioner, the value of the authorized residential fixtures shall be determined by an independent
appraisal made at the cost of the former lessee. A notice or offer by the state to sell formerly leased land under this
subsection must state (1) the appraised value of authorized residential fixtures remaining on the land that must be
purchased, and (2) that that cost is included in the purchase price. Out of the proceeds of the sale, the department
shall pay to the former lessee the appraised value of the residential improvements, less all rents due the department,
all costs of restoration due the department under (d) of this section, and all department expenses incurred in making
- (g) Personal property described in (c) of this section is not subject to AS 34.45 (Uniform Unclaimed Property Act).
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