Alaska Stat. » Chapter 38.05
Alaska Statutes

Alaska Stat. § 38.05.030 (2026)

Exceptions

✓ current as of July 2026
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Sec. 38.05.030. Exceptions.
 (a) [Repealed, § 88 ch 152 SLA 1984.]
 (b) The provisions of this chapter do not apply to any power, duty or authority now or in the future granted to the Department of Transportation and Public Facilities in the name of the state, to acquire, use, lease, dispose of, or exchange real property, or any interest in real property. Land assigned by the division of lands to the Department of Transportation and Public Facilities shall be returned to the management of the division of lands when it is no longer needed for the purposes assigned.

 (c) The agencies referred to in (b) of this section and other state agencies with authority to acquire or dispose of land shall give written notification of the fact of acquisition, lease, disposal, or exchange to the commissioner within three months after the date that they make the acquisition, lease, disposal, or exchange.

 (d) Except for land that is required to be returned to the department under (b) of this section, the Department of Transportation and Public Facilities may dispose of real property acquired by it under AS 02.15.070, AS 19.05.040(1) and (2), 19.05.080 — 19.05.120, AS 35.05.040(1) and (2), and AS 35.20.010 — 35.20.050. Land conveyed under this section to a municipality for less than fair market value shall be credited against the municipality's entitlement under AS 29.65.

 (e) [Repealed, § 20 ch 182 SLA 1978.]
 (f) Land owned by the Board of Regents of the University of Alaska is not subject to this chapter.

 (g) This chapter does not authorize the commissioner or any employee of the department to acquire title to real property through the use of lease-purchase agreements or lease-financing agreements in which the department is the lessor. For purposes of this section, “lease-purchase agreement” and “lease-financing agreement” have the meanings given those terms in AS 36.30.990.




Notes of Decisions
Cited in 3 cases, 1977–1995 · leading case: State v. Univ. of Alaska, 624 P.2d 807 (Alaska 1981).
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State v. Univ. of Alaska, 624 P.2d 807 (Alaska 1981). · cites it 5× “The court reasoned that AS 38.05.030(a) prevents any disposal of university lands by the Commissioner of Natural Resources without the approval of the Board of Regents, and, because this was a disposal of land without the Board’s approval, it was invalid.”
Wessells v. State, Dep't of Highways, 562 P.2d 1042 (Alaska 1977). · cites it 2× “AS 38.05.030(b). 16 . Contracts should be interpreted to comply with the reasonable expectations of the parties.”
Carr-Gottstein Props. v. State, 899 P.2d 136 (Alaska 1995). · cites it 2× “In addition, SB 247 proposed an amendment to AS 38.05.030 to specifically prohibit DNR from acquiring real property through the use of lease-purchase agreements.”
Alaska Stat. § 38.05.030(a): 1 case
State v. Univ. of Alaska, 624 P.2d 807 (Alaska 1981). “The court reasoned that AS 38.05.030(a) prevents any disposal of university lands by the Commissioner of Natural Resources without the approval of the Board of Regents, and, because this was a disposal of land without the Board’s approval, it was invalid.”
Alaska Stat. § 38.05.030(b): 1 case
Wessells v. State, Dep't of Highways, 562 P.2d 1042 (Alaska 1977). “AS 38.05.030(b). 16 . Contracts should be interpreted to comply with the reasonable expectations of the parties.”
Alaska Stat. § 38.05.030(e): 1 case
Wessells v. State, Dep't of Highways, 562 P.2d 1042 (Alaska 1977). “AS 38.05.030(b). 16 . Contracts should be interpreted to comply with the reasonable expectations of the parties.”
Alaska Stat. § 38.05.030(g): 1 case
Carr-Gottstein Props. v. State, 899 P.2d 136 (Alaska 1995). “In addition, SB 247 proposed an amendment to AS 38.05.030 to specifically prohibit DNR from acquiring real property through the use of lease-purchase agreements.”
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