Alaska Statutes
Alaska Stat. § 38.05.115 (2026)
Limitations and conditions of sale
✓ current as of July 2026
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Sec. 38.05.115. Limitations and conditions of sale.
(a) The commissioner shall determine the timber to be sold and the limitations, conditions, and terms of sale. The limitations, conditions, and terms shall include the utilization, development, and maintenance of the sustained yield principle, subject to preference among other beneficial uses. The commissioner may negotiate sales of timber without advertisement and on the limitations, conditions, and terms that are considered to be in the best interests of the state. Within a one-year period, the commissioner may not negotiate a sale without advertisement to the same purchaser of more than 500 M.B.M. or equivalent other measure of timber.
(b) Negotiated sales not exceeding 50 M.B.M. or the equivalent other measure of timber are exempt from the provisions of AS 34.15.150.
(c) The limitations of this section are not applicable to timber that becomes state property under the provisions of AS 45.50.210 — 45.50.235.
(a) The commissioner shall determine the timber to be sold and the limitations, conditions, and terms of sale. The limitations, conditions, and terms shall include the utilization, development, and maintenance of the sustained yield principle, subject to preference among other beneficial uses. The commissioner may negotiate sales of timber without advertisement and on the limitations, conditions, and terms that are considered to be in the best interests of the state. Within a one-year period, the commissioner may not negotiate a sale without advertisement to the same purchaser of more than 500 M.B.M. or equivalent other measure of timber.
(b) Negotiated sales not exceeding 50 M.B.M. or the equivalent other measure of timber are exempt from the provisions of AS 34.15.150.
(c) The limitations of this section are not applicable to timber that becomes state property under the provisions of AS 45.50.210 — 45.50.235.
Notes of Decisions
Cited in 7
cases, 1981–2003 · leading case: Kenai Lumber Co., Inc. v. LeResche, 646 P.2d 215 (Alaska 1982).
Kenai Lumber Co., Inc. v. LeResche, 646 P.2d 215 (Alaska 1982). “exception is expressed in AS 38.05.115. [9] This does not mean that the state officials are entirely free to modify long term timber sale contracts after the first reappraisal date has passed.”
Laverty v. Alaska RR Corp., 13 P.3d 725 (Alaska 2000). “ARRC additionally maintains that, by authorizing certain negotiated sales of gravel without "advertisement" under AS 38.05.115, the legislature has effectively determined that the sale of gravel is not a disposal of an interest in land.”
Brady v. State, 965 P.2d 1 (Alaska 1998). “The governing statute, AS 38.05.115, suggests that DNR may not make such sales until the commissioner finds that doing so is in the State’s best interest.”
Kachemak Bay Watch, Inc. v. Noah, 935 P.2d 816 (Alaska 1997). “District identification is the first step in a lengthy, detailed public process of determining what aquatic farm will be allowed in what location.”
Brigman v. State, 64 P.3d 152 (Alaska Ct. App. 2003). “135-175, and AS 38.05.115. The legislature’s assignment of a task to an agency, such as the identification of districts at issue here, invariably involves the exercise of agency discretion.”
South-Cent. Timber Dev., Inc. v. LeResche, 693 F.2d 890 (9th Cir. 1982). “” Alaska Stat. § 38.05.115 . The Alaska regulations provide that: (a) The director may require that primary manufacture of logs, cordwood, bolts or other similar products be accomplished within the State of Alaska.”
South-Cent. Timber Dev., Inc. v. LeResche, 511 F. Supp. 139 (D. Alaska 1981). “110 AS 38.05.115 AS 38.05.120 3 . 36 C.F.R. § 223.”
— Alaska Stat. § 38.05.115(a) — 1 case
Laverty v. Alaska RR Corp., 13 P.3d 725 (Alaska 2000). “ARRC additionally maintains that, by authorizing certain negotiated sales of gravel without "advertisement" under AS 38.05.115, the legislature has effectively determined that the sale of gravel is not a disposal of an interest in land.”
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