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Title 11 . Natural Resources
Chapter 85 . (No Regulations Filed)
Section 260. Limitation on overriding royalties

11 AAC 85.260. Limitation on overriding royalties

(a) No overriding royalty, net profit interest or other right to payment out of production or revenues from a lease may be created which exceeds the rate of royalty first payable to the state under the lease unless the lessee shows to the satisfaction of the commissioner that the royalty is justified by substantial improvements made or to be made to the leasehold.

(b) The term "payment out of production" as used in this section is defined as a share of the coal produced from the lease, free of the costs of production.

History: Eff. 9/5/74, Register 51; am 6/18/82, Register 82

Authority: AS 38.05.020

AS 38.05.145

AS 38.05.150


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Last modified 7/05/2006