Section 11.67.149. Request for patent.

	(a)  A request for patent for a homestead not purchased under the provisions of AS 38.09.090 and 11 AAC 67.147 must be filed with the department within five years after the date the entry permit was issued. A request must be accompanied by an entryperson's affidavit of homestead residency and affidavits from at least three disinterested people who are not related to the entryperson attesting that, based on their personal knowledge, the entryperson has met the requirement of AS 38.09.050 that the entryperson "resides and lives" on the homestead entry land for at least 25 months during the five years after the entry permit was issued.  
	(b)  In addition to the requirements of (a) of this section, a request for patent for an agricultural homestead must include either an inspection report from the division of agriculture, or photographs, affidavits, or other information acceptable to the director, showing compliance with the requirement that the land be cleared and either put into production or prepared for cultivation in accordance with AS 38.09.050(a)(5) and 11 AAC 67.154(6).  
	(c)  In the case of an entry permit transfer under AS 38.09.030(c)(1) - (c)(4), the periods of residency by entrypersons during the time that each held the permit may be combined to meet the 25-month residency requirement. In the case of an entry permit exchange between entrypersons in the same homestead area under AS 38.09.030(c)(5), periods of residency by each entryperson before the exchange remain credited to that entryperson and are not exchanged with the permits.  
	(d)  If an entryperson fails to meet the requirements of (a) of this section and, if applicable, the requirements of (b) 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.  
	(e)  For purposes of this section and AS 38.09.050, "resides and lives" means being physically present and living on the homestead for a minimum of 25 months during the five-year period. A month is defined as  
		(1) a minimum of 20 nights per calendar month; or  
		(2) five nights per week for any four separate weeks.  

Authorities

38.05.020;38.05.035;38.09.030;38.09.050;38.09.110

Notes

Authority

AS 38.05.020 AS 38.05.035 AS 38.09.030 AS 38.09.050 AS 38.09.110

History

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