Section 11.67.146. 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.  

Authorities

38.05.020;38.05.035;38.09.040;38.09.050;38.09.090;38.09.110

Notes

Reference

11 AAC 67.141
11 AAC 67.147
11 AAC 67.152

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

History

Eff. 5/31/84, Register 90; am 8/16/89, Register 111