Section 17.10.130. Land outside of right-of-way limits.

	(a)  If a parcel of land is located outside of the right-of-way limits of a highway, the department will, in its discretion, dispose of the land, or an interest in the land, under the provisions of this section. Before making a disposal under this section, the department will prepare a decisional document summarizing its decision to dispose of a particular parcel of land located outside of a highway right-of-way. In that document, the department will summarize the conclusion that the particular parcel of land is not needed for a public purpose and whether the land has a present or potential use for parks, conservation, recreation, or related uses. If the department finds that the land has a present or potential use for parks, conservation, recreation, or related uses, the department will describe, in the decisional document, the department's efforts to convey the land to public agencies for parks, conservation, recreation, or related uses. If the public agencies decline to acquire the parcel, the department will conduct the land disposal under this section.  
	(b)  The department will, in its discretion, dispose of land located outside the right-of-way limits of a highway through competitive bidding, outcry auction, or over-the-counter sale under 17 AAC 10.110, or by sale through a broker under 17 AAC 10.115. The department will convey land under this subsection by  
		(1) quitclaim deed, in a form prescribed by the department; and  
		(2) any other transfer documents the department determines are necessary to memorialize the transaction.  
	(c)  The department will, in its discretion, offer land located outside of the right-of-way limits of a highway for lease through an invitation to bid by means of competitive sealed bidding. The department will not open bids for the lease without public notice of the proposed lease, in accordance with (d) of this section. The department will award the lease to the highest bidder who is responsive to the invitation to bid. In the lease, the department will include terms that protect the best interests of the state and that are consistent with the invitation to bid.  
	(d)  The department will not make a sale or lease under this section without issuing public notice of the pending transaction, published at least once in a newspaper of general circulation, in the area where the land is located, at least 30 days before the projected closing date of the transaction. In that notice, the department will describe the land offered for sale or lease, and provide that the department will accept public comments regarding the sale that are received at least seven days before the projected closing date.  

Authorities

19.05.020;19.05.070;44.42.030

Notes

Reference

17 AAC 85.010

Authority

AS 19.05.020 AS 19.05.070 AS 44.42.030 ________________________

History

Eff. 5/4/2000, Register 154