Section 11 AAC 86.223 - Abandonment, relinquishment, and relocation(a) For purposes of AS 38.05.265 and this section, a "successor in interest" to a locator or claimant means(1) the spouse, child, sibling, or parent of the locator or claimant;(2) any person or association described in AS 38.05.190(a) that owned a possessory interest in the locator's or claimant's location; or(3) an entity that is described in AS 38.05.190(a)(5) or (6) that owned a possessory interest in the locator's or claimant's location, but only if a majority of the ownership of the entity is held by a person or association described in (1) or (2) of this subsection.(b) A locator may not include in a new location any part of a mining claim or leasehold location abandoned under AS 38.05.265 less than a year ago by that locator or by a person to whom the locator is a successor in interest, regardless of whether the abandoned location was an MTRSC or a traditional location.(c) The posting date for a relinquished MTRSC or traditional location will be used as the date for determining the rental owed under 11 AAC 86.221(b) for a new traditional location, a new MTRSC location, or a traditional location that is converted to an MTRSC location under 11 AAC 86.250 - 11 AAC 86.255 if (1) the relinquished location is relinquished under circumstances not constituting abandonment under AS 38.05.265;(2) within a year after relinquishing the relinquished location, its former owner or a successor in interest posts the new traditional location, the new MTRSC location, or the converted MTRSC location; and(3) the new traditional location, the new MTRSC location, or the converted MTRSC location includes any part of the relinquished location.(d) If a locator posts an MTRSC location over an existing location, and is the locator of or a successor in interest to the locator of the existing location, the new location will be considered to be a converted MTRSC location that is subject to 11 AAC 86.250.Eff. 8/26/98, Register 147; am 1/19/2002, Register 161; am 10/28/2022, Register 244, January 2023Authority:AS 38.05.020
AS 38.05.190
AS 38.05.265