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What
is
Site
Control?
Simply
put,
site
control
is
the
legal
right
to
use
a particular
piece
of
land
- also
known
as
real
property.
Real
property
law
requires
that
long
term
permission
to
use
land
is
in
writing
- verbal
agreement
is
not
enough.
A written
agreement
to
use
real
property
makes
it
clear
what
the
details
are
and what
each
party
intended.
A written
agreement
prevents
situations
arising
that
affect
the
right
to
use
the
land,
such
as
a person
changing
his
or
her
mind,
the
land
changing
hands,
or
the
person
not
even
having
the
authority
to
give
permission.
The
most
common
forms
of
written
authorization
to
use
land
are
a deed,
lease,
or
easement.
Each
type
of
authorization
conveys
a different
right
and
interest
in
the
land.
Which
type
of
document
to
use
depends
on
the
level
of
site
control
needed.
Most
funding
agencies
require
that
a land
use
right
equal
the
useful life
of
the
improvements.
As
an
example,
if
a building
is
determined
to
have
a useful
life
of
20
years,
then
at
a minimum
site
control
should
establish
an
exclusive
right
to
use
the
land
for
the
intended
purpose
for
at
least
20
years.
Why
is
site
control
important?
Site
control
is
important
because
it
establishes
a right
to
control
the
real
property
that
improvements
will
be
placed
on.
Without
site
control,
money
spent
on
improvements
may
be
wasted.
It
is
particularly
important
to
establish
site
control
to
ensure
the
safety
of
the
public's
long
term
investment
in
a public
facility
or
land
improvement.
Also,
failure
to
obtain
site
control
could
result
in
a lawsuit
filed
by
the
landowner
for
property
damage
if
the
property
is
disturbed
or
altered
in
any
way.
At
what
point
in
a
capital
improvement
project
is
site
control
needed?
Site
control
options
should
be
one
of
the
items
considered
in
the
planning
phase
of
a capital
improvement
project
(CIP).
The
difficulty
involved
to
obtain
site
control
may
influence
site
selection
and
design.
Most
funding
agencies
and
grant
programs
ask
grant
applicants
how
they
will
obtain
site
control.
Some
grant
programs
even
consider site
control
in
the
scoring
and
award
of
grants.
Actual
site
control
in
the
form
of
signed
documents
is
usually
required
before
grant
money
is
released
for
the
purchase
of
materials
or
construction.
How
can
I
obtain
a
map
of
the
community
that
identifies
land
boundaries
and
land
use?
Commerce
has
aerial
photo
based community
profile
maps of
many
Alaskan
communities.
The
maps
are
a "snap
shot" in
time
regarding
land
use
and
boundaries.
The
maps
do
not
reflect
a recorder's
office
title
search
and
may
not
depict
current
legal
boundaries
and
land
ownership;
however,
they
are
a very
useful
starting
place
for
site
control
research.
How
do
you
decide
what
level
of
site
control
is
needed?
The
level
of
site
control
needed
for
a project
depends
on
the
nature
of
the
project.
For
example,
if
a permanent
building
is
planned,
you
should
either
receive
title
to
the
land
by
deed
or
a right
to
use
the
land
for
the
life
of
the
structure.
If
site
control
for
a permanent
building
or
facility is
obtained
through
a lease,
the
lease
should
be
for
a term
of
equal
to
the
anticipated
useful
life
of
the
building,
which
in
most
cases
would
not
be
less
than
20
years.
If
the
project
is
for
the
construction
of
linear
facilities,
such
as
utility
lines,
an
easement
may
be
adequate
for
site
control.
For
short
term
uses,
a permit
or
license
could
be
considered
adequate.
How
do
I
go
about
obtaining
site
control?
The
following
steps
are
a broad
overview
of
what
is
involved
in
a typical
site
control
process:
- Determine
how
much
land
is
needed
for
the
project.
- Decide
the
location
(site)
of
the
project.
- Determine
who
owns
the
land.
- Make
sure
there
are
no
conflicts
of
record.
(No
one
else
claims
to
own
the
land.)
- Decide
what
type
of
interest
you
need
(fee
title,
lease,
easement).
- Determine
how
to
obtain
the
land
(or
interest
in
it)--
purchase,
lease,
14(c)(3)
reconveyance,
eminent
domain
or
donation.
- Negotiate
with
the
owner
of
the
land.
- Receive
the
transfer
document
from
the
owner.
- Make
sure
the
transfer
documents
are
properly
executed
(signed
and
sealed)
and
legally
binding
(It
is
a
good
idea
to
have
an
attorney
review
the
conveyance
process
and
documents).
- Record
the
transfer
document
in
the
proper
recording
office.
How
do
I
determine
who
owns
the
land?
Actual
ownership
needs
to
be
established
early
through
a process
known
as
a "title
search." This
process
will
identify
any
land
transfers
that
may
have
occurred
or
restrictions
(encumbrances)
that
may
exist
that
may
limit
the
use
of
the
land.
The
term "subject
to" is
sometimes
used
to
refer
to
these
limits.
The
only
way
to
know
for
sure
who
owns
the
land
and
what
the
land
may
be "subject
to" is
to
find
out
the
history
of
the
parcel
from
original
conveyance
to
present.
This
process
is
called
a title
search.
Land
title
researchers
will
collect
and
examine
the
documents
in
the "chain
of
title" to
determine
who
owns
the
property
and
if
there
is "clear
title."
Since
all
land
in
Alaska
was
once
owned
by
the
federal
government,
the
chain
of
title
on
all
property
begins
with
the
federal
government.
The
Bureau
of
Land
Management
(BLM)
has
records
of
land
conveyances
from
the
federal
government
to
entities
such
as
Native
allottees,
Native
corporations,
the
State
of
Alaska,
the federal
townsite
trustee,
and
homesteaders.
The
BLM
records
will
only
show
those
activities
that
involve
the
federal
government.
Any
action
on
the
land
after
transfer
by
the
federal
government
will
be
tracked
through
the
state
recorder's
office
and
will
not
appear
on
the
BLM's
records.
The
State
of
Alaska's
recorder's
office
system
allows
landowners
to
record
conveyances
of
land,
which
provides "constructive
notice" of
land
transfers.
How
is
title
researched
in
the
recorder's
office?
Title
researchers
will
examine
each
land
transfer
document
in
the
records
to
determine
if
restrictions,
exclusions,
or
defects
exist
on
the
title
or
if
any
previous
title
transfer
was
not
properly
carried
out.
Are
there
other
places
containing
information
that
should
also
be
researched?
Yes,
researching
the
chain
of
title
for
a parcel
of
land
at
the
recorder's
office
may
not
reveal
all
of
the
actions
affecting
ownership.
A good
deal
of
land
in
some
communities
has
changed
ownership
as
a result
of
ANCSA
and
other
laws.
A conveyance
by
a village
corporation
that
has
not
completed
its
land
conveyance
obligations
under
section
14(c)
of
ANCSA
may
be
subject
to
a claim
under
ANCSA
for
a primary
place
of
residence,
a primary
place
of
business
and
subsistence,
land
occupied
by
a non-profit,
land
for
existing
and
future
community
use,
and
land
for
airports
that
existed
at
the
time
the
act
passed.
The
proper
completion
of
the
14(c)
conveyance
process
extinguishes
potential
claims
and
removes
any "cloud" on
the
title
conveyed
by
a village
corporation.
Commerce's Community
Profile
Database includes
information
on
the
status
of
a
village's
ANCSA
14(c)
process.
For
an
official
determination
of
the
completion
of
the
14(c)
process
contact
the
BLM
division
of
cadastral
survey.
For
additional
information
about
what
constitutes
an
ANCSA
14(c)
land
claim
see
the
Commerce
publication "Getting
Started
on
14(c)(3)" and
the
Additional
Resources
section
below.
Are
there
any
web
sites
that
are
useful
for
a
title
search?
An
on-line
index
of
recorded
documents
now
exists
for
Alaska
recording
districts.
While
the
system
does
not
usually
allow
for
the
viewing
of
the
documents
themselves
on-line,
it
does
let
you
know
that
the
document
exists
and
gives
you
some
important
information
about
it.
The
index
can
be
viewed
at
the
Alaska
Department of
Natural
Resources Recorder's
Office web
site.
The
web
site
also
has
an
index
that
matches
each
community
by
name
with
its
appropriate
recording
district.
What
other
factors
should
be
considered
when
obtaining
site
control?
The
land
may
contain
unrecorded
conveyances
or
difficult
to
research
encumbrances
(valid
existing
rights)
or
restrictions.
It
is
a good
idea
to
ask
around
about
the
site
and
history
of
its
use.
Locals
may
know
of
conveyances
that
have
occurred
but
have
not
been
recorded.
Also,
if
the
land
is
in
an
area
where there
has
been
mining,
there
is
the
potential
for
conflict
with
mining
claims
of
record.
Revised
Statute
2477
from
the
Mining
Act
of
1866
allowed
for
the
creation
of
trails
and
roads
without
application
to
the
federal
government,
which
are
considered
valid
existing
rights.
Check
the
appropriate
federal
and
state
land
records for
mining
claims,
RS
2477s,
or
other
encumbrances
to
make
sure
there
are
no
conflicts.
Should
I
be
concerned
about
the
subsurface
estate
of
the
property?
Yes.
Always
determine
whether
the
person
or
entity
that
is
conveying
the
property
owns
the
subsurface
under
the
property.
In
Alaska
the
resources
under
the
ground
and
the
right
to
dig
them
up
are
often
owned
by
the
State
of
Alaska
or
are
still
reserved
by
the
federal
government.
If
the
site is
on
land
that
has
been
conveyed
to
a village
corporation
pursuant
to
ANCSA,
the
regional
corporation
(in
most
cases)
owns
the
subsurface
estate.
This
includes
ANCSA
14(c)
land
transfers.
Any
use
or
removal
of
subsurface
resources,
including
gravel,
requires
permission
from
the
subsurface
owner.
The
1994,
9th Circuit
Court
of
Appeals
ruling Koniag
v.
Koncor
Forest
Resource sheds
some
light
on
the
extent
of
several
of
the
rights
and
benefits
associated
with
the
ANCSA-created
surface
and
subsurface
estates.
How
do
I
obtain
title
from
the
current
landowner?
Once
it
is
established
who
the
legal
owner
is,
begin
negotiations.
There
are
several
things
to
consider
in
these
negotiations,
such
as
how
long
the
interest
needs
to
be
held;
what
type
of
interest
needs
to
be
obtained
(deed,
lease,
permit);
whether
the
land
will
be
obtained
through
purchase
or
land
grant.
Generally,
for
permanent
structures,
it
is
necessary
to
either
obtain
fee
title
(deed)
to
the
land
or
a lease
for
a long
enough
period
to
cover
the
estimated
life
of
the
structure.
It
is
important
to
remember
that
the
signed
transfer
documents
must
be
legally
binding.
Title
34
of
the
Alaska
Statutes
(AS
34.15.010 - .250,
see Current
Alaska
Statutes)
contains
information
about
the
legal
requirements
for
conveyances.
For
example:
- The
deed
(or
other
document)
must
contain
a
proper
legal
description
and
must
name
the
parties.
- The
transfer
document
must
be
in
the
correct
legal
format
with
a
statement
of
consideration
(payment).
- It
must
contain
words
of
conveyance.
- It
must
have
the
necessary
signatures
with
proper
acknowledgments
(notarized
by
a
public
notary
or
other
authorized
witness
such
as
the
postmaster).
- Especially
when
dealing
with
corporations,
it
must
be
determined
that
the
signers
have
the
authority
to
sign
and
to
commit
the
organization
to
the
agreement.
- The
final
step
is
to
have
the
document
recorded.
Note:
You
should
talk
with
an
attorney
to
make
sure
all
of
the
documents
are
in
the
proper
form
and
legally
binding.
What
are
the
methods
available
to
a
municipality
to
establish
site
control?
- Purchase -The
most
obvious
method
of
obtaining
title
is
to
simply
buy
the
property
from
the
owner.
- Lease -
If
the
owner
does
not
want
to
sell
the
property,
he
or
she
may
be
willing
to
enter
into
a
long-term
lease.
- 14(c)(3)
Reconveyance -
If the proposed site for a
community project is on land
conveyed to
a village corporation pursuant
to ANCSA, the site may be subject
to reconveyance under the terms
of Section 14(c)(3) of ANCSA.
Most ANCSA village corporations
have a responsibility to reconvey
certain land for community
use and expansion under this
law.
However, title conveyed pursuant
to Section 14(c)(3) may be
defective if the village corporation
has
not completed its obligations
under sections 214(c)(1) and (c)(2).
- Eminent
Domain -
This power is limited to incorporated
municipalities and must be
done through the courts. Eminent
domain
is the power to take private
property for public use in
a municipality and is the least
desirable method of obtaining
title. Fair compensation must
be paid to the owner of the
property
taken. Second class cities
can only exercise eminent domain
against a parcel of property after
approval is given by
a
majority of the voters in
the
community (AS
29.35.030.)
- Donation -
A
donation
is
a
transfer
of
title
to
property
by
the
owner
without
any
payment.
This
is
sometimes
referred
to
as
a "land
grant."
After
I
have
obtained
site
control
is
there
anything
else
that
needs
to
be
done?
Yes.
The
document
(deed,
lease,
easement,
etc.)
must
be
recorded
in
the
appropriate
district
recorder's
office.
The
recording
requirements
are
set
out
in Title
34 (AS
34.15)
of
the
Alaska
Statutes.
A document
must
meet
certain
standards
before
it
will
be
accepted
for
recording.
For
example,
the
document
must
be
properly
acknowledged
and
witnessed.
The
document
must
contain
the
mailing
address
of
the
buyer
(or
grantee).
The
document
must
also
have
a 2
inch
margin
on
the
top
of
the
1st page
and
1 inch
margins
on
the
top,
bottom
and
sides
of
the
subsequent
pages.
Alaska,
along
with
several
other
states,
has
what
is
called
a race/notice
recording
statute.
Purchasers
are
expected
to
record
their
documents
shortly
after
taking
title.
An
unrecorded
transfer
or "wild
deed" may
become
invalid
if
a "bona
fide
purchaser" takes
title
to
the
property.
The
rule
of "first
in
time
first
in
line" is
applicable
in
Alaska
provided
the
purchaser
has
1)
paid
reasonable
consideration
for
a property
and
2)
did
not
have
notice
of
a prior
conveyance.
It
is
important
that
the
deed
or
other
document
be
recorded
as
soon
as
possible.
The
act
of
recording
provides
notice.
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