Alaska Statutes
Alaska Stat. § 38.35.140 (2026)
Payment of rental and costs
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 38.35.140. Payment of rental and costs.
(a) The lease price for a right-of-way lease shall be the annual fair market rental of the state land included in the right-of-way based on the appraised fair market value of the land. The lease price is payable annually in advance on or before the anniversary of the lease. The appraised fair market rental value shall be adjusted at five-year intervals and charges or adjustments shall be based on a reappraised annual rental value. Rental may not be charged for any land acquired by the lessee under AS 38.35.130(b) and conveyed without cost to the state.
(b) The lease applicant or lessee shall reimburse the state for all reasonable costs incurred in processing an application filed under AS 38.35.050 and in monitoring the construction, operation, maintenance, and termination of the pipeline on the right-of-way. The commissioner shall use best efforts to reach agreement with the lessee addressing the details of cost reimbursement under this subsection and shall provide the lessee with an annual estimate of the projected costs and scope of the work.
(c) Notwithstanding (a) of this section, a right-of-way lease shall be granted without appraisal or rental costs to the Alaska Gasline Development Corporation created under AS 31.25.010.
(a) The lease price for a right-of-way lease shall be the annual fair market rental of the state land included in the right-of-way based on the appraised fair market value of the land. The lease price is payable annually in advance on or before the anniversary of the lease. The appraised fair market rental value shall be adjusted at five-year intervals and charges or adjustments shall be based on a reappraised annual rental value. Rental may not be charged for any land acquired by the lessee under AS 38.35.130(b) and conveyed without cost to the state.
(b) The lease applicant or lessee shall reimburse the state for all reasonable costs incurred in processing an application filed under AS 38.35.050 and in monitoring the construction, operation, maintenance, and termination of the pipeline on the right-of-way. The commissioner shall use best efforts to reach agreement with the lessee addressing the details of cost reimbursement under this subsection and shall provide the lessee with an annual estimate of the projected costs and scope of the work.
(c) Notwithstanding (a) of this section, a right-of-way lease shall be granted without appraisal or rental costs to the Alaska Gasline Development Corporation created under AS 31.25.010.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2012–2023 · leading case: Alyeska Pipeline Serv. Co. v. State, 288 P.3d 736 (Alaska 2012).
Alyeska Pipeline Serv. Co. v. State, 288 P.3d 736 (Alaska 2012). “020 (granting right-of-way leases); AS 38.35.140 (determining lease prices, adjusting lease prices, and processing payments).”
Teck Am. Inc. & State of Alaska, Dep't of Nat. Resources v. Valhalla Mining, LLC, Teck Am. Inc. & State of Alaska, Dep't of Nat. Resources v. Valhalla Mining, LLC, 528 P.3d 30 (Alaska 2023). “265(b) “does not implicate DNR’s expertise in any way.”
— Alaska Stat. § 38.35.140(a) — 2 cases
Alyeska Pipeline Serv. Co. v. State, 288 P.3d 736 (Alaska 2012). “020 (granting right-of-way leases); AS 38.35.140 (determining lease prices, adjusting lease prices, and processing payments).”
Teck Am. Inc. & State of Alaska, Dep't of Nat. Resources v. Valhalla Mining, LLC, Teck Am. Inc. & State of Alaska, Dep't of Nat. Resources v. Valhalla Mining, LLC, 528 P.3d 30 (Alaska 2023). “265(b) “does not implicate DNR’s expertise in any way.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.