Chapter 2.48
REAL PROPERTY ACQUISITION AND CONVEYANCE
Sections:
2.48.010 Real property defined.
2.48.020 Acquisition and ownership – Authority.
2.48.030 Acquisition and ownership – Rights and powers.
2.48.050 Acquisition – Dedication by plat.
2.48.070 Federal and state aid.
2.48.080 Real property as security.
2.48.090 Conveyance of real property.
2.48.100 Conveyances under Section 14(c)(3) of ANCSA.
2.48.010 Real property defined.
As used in this chapter, “real property” means and includes any estate in land, easements, right-of-way, lease, permit, license, franchise, future interest, building, fixtures or any other right, title or interest in land or a building. (Ord. 87-18 § 1 (7.04.020), 1987)
2.48.020 Acquisition and ownership – Authority.
The borough may acquire, own and hold real property by purchase, gift, devise, grant, dedication, exchange, redemption, purchase of equity of redemption, operation of law, tax or lien foreclosure, adverse possession, condemnation or declaration of taking, annexation or by any other lawful means or conveyances. (Ord. 87-18 § 1 (7.04.010), 1987)
2.48.030 Acquisition and ownership – Rights and powers.
The borough shall have and may exercise all rights and powers in the acquisition, ownership and holding of real property as if the borough were a private person. (Ord. 87-18 § 1 (7.04.050), 1987)
2.48.040 Acquisition – Form.
A. The borough may acquire, own and hold real property by warranty or quit claim deed, easement, grant, permit, license deed of trust, mortgage, contract of sale of real property, plat dedication, lease, tax deed, will, or any other lawful method or mode of conveyance or grant. Real property shall be held in the name of the Northwest Arctic Borough. Any instrument requiring execution by the borough shall be signed by the mayor and attested by the borough clerk. The form of any conveyance shall be approved by the borough attorney.
B. Only upon a specific resolution of the assembly the mayor may act on its behalf in real property when that property to be acquired is for a valuable consideration or as part of a program of grants under which the borough may receive only a limited amount of acreage. The resolution shall set forth the terms, conditions and manner of acquisition.
C. No assembly approval is necessary to acquire any easement, right-of-way, permit, license or other interest in real property if necessary for a utility or public improvement where the utility or public improvement has been authorized and approved by the assembly.
D. Prior to approval, the mayor is to furnish the assembly with an abstract of title, the value assessed by the borough tax assessor or other appraisal of the real property, and a review of any problems in acquisition, but the failure to furnish the assembly any such material shall not affect the validity of any acquisition or purchase of real property by the borough.
E. Unless otherwise prohibited by the assembly, the borough shall purchase marketable title in the real property. Unless otherwise provided by resolution, the mayor is authorized to obtain title insurance, to execute any instruments and to take all steps necessary to complete and close the purchase and acquisition of the real property. (Ord. 87-18 § 1 (7.04.030), 1987)
2.48.050 Acquisition – Dedication by plat.
The borough may not acquire any real property by means of a dedication by plat unless the dedication of the real property is accepted in writing and signed by the mayor and approved pursuant to NABC 2.48.040. (Ord. 87-18 § 1 (7.04.060), 1987)
2.48.060 Ownership – Form.
A. The borough may acquire and hold real property as sole owner or as tenant in common or other lawful tenancy, with any other person or governmental body for any public purpose. The borough may hold real property in trust for any public purpose.
B. The assembly may approve and authorize the purchase of real property by contract of sale, deed of trust or mortgage. (Ord. 87-18 § 1 (7.04.040), 1987)
2.48.070 Federal and state aid.
The borough may apply for, contract and do all things necessary to cooperate with the United States Government and the state of Alaska for the acquisition, holding, improvement or development of real property. (Ord. 87-18 § 1 (7.04.070), 1987)
2.48.080 Real property as security.
The assembly may pledge, mortgage or otherwise secure borough real property for the payment of borough bonded or other indebtedness when required, as authorized by law. (Ord. 87-18 § 1 (7.04.080), 1987)
2.48.090 Conveyance of real property.
A. The assembly may, upon application, authorize the conveyance of title to real property to a municipality, to a tribal government, to a state or federal agency or to any nonprofit entity, if the land will be used for a public purpose.
B. The application shall be in writing and submitted to the borough clerk. The application shall, at a minimum, describe the property, the public services provided by the applicant, and the proposed use of the property. The clerk may prepare form applications.
C. No appraisal of the property is required, but the assembly may request that the applicant provide an appraisal.
D. The assembly’s authorization shall be by resolution and must include a finding that the proposed use of the real property will serve a public purpose beneficial to the borough.
E. All deeds conveying real property under this section shall include a condition requiring that title to the real property reverts to the borough in the event the assembly, by resolution, finds that the real property is not being used for the public purpose stated in the resolution authorizing the conveyance.
C. All requests under this section shall be submitted to the planning commission for review, prior to assembly action. Additionally, if the property desired is unsubdivided, then the municipality shall pay for the necessary subdivision of the property and submit such request to the planning commission for approval, prior to assembly action. (Ord. 09-02 § 1, 2009; Ord. 05-01 § 1, 2005; Ord. 88-09 § 2, 1988)
2.48.100 Conveyances under Section 14(c)(3) of ANCSA.
A. The borough is authorized to receive conveyances of land as provided under Section 14(c)(3) of the Alaska Native Claims Settlement Act (“ANCSA”), now codified at 43 USC Section 1613(c)(3), where there is no other “Municipal Corporation” as defined under ANCSA to receive the land in a native village located within the borough’s boundaries.
B. Prior to receiving any conveyance under Section 14(c)(3) of ANCSA, the borough shall first execute a proposal or agreement with the NANA Regional Corporation and the recognized “appropriate village entity” (“AVE”) recognized in the native village and obtain the nonobjection of the Commissioner of the Department of Commerce, Community and Economic Development as required under 3 AAC 190.065 and any successor regulation or other applicable law. The proposal or agreement shall at a minimum identify the amount and means of determining the location of the land to be conveyed to the borough and the terms under which the borough will reconvey the land to the AVE.
C. Notwithstanding any contrary provision of the borough code, lands the borough acquires under Section 14(c)(3) of ANCSA shall be conveyed to the AVE by quitclaim deed without appraisal, compensation or restriction as to their subsequent use and as further required by the proposal or agreement required under subsection (B) of this section. (Ord. 09-02 § 2, 2009)