Alaska Suspends Fees for Easements, Rights-of-Way, and Mining Leases

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State of Alaska Governor Mike Dunleavy has issued COVID-19 Disaster Order of Suspension No 2, suspending a long list of statutory and regulatory provisions. The list of suspended statutes includes AS 38.05.850 which authorizes the state to grant easements and rights-of-way for roads, pipelines, and other facilities associated with the extraction of minerals. Under such authorizations, payment due dates are suspended and no late fees will be charged. The Order suspends each statute or regulation until 11:59 p.m. on May 11, 2020, unless otherwise noted.

Also, the Division of Mining, Land and Water has issued a finding that payments due under a land sale contract or lease “that are or will be prevented because of the COVID-19 pandemic are prevented by an act of God and may be extended” until 5:00 p.m. on July 10, 2020. The extension expressly applies to an Upland Mining Lease, a Mill Site Lease, and an Offshore Mining Lease. To qualify for the extension, an affected person must submit a written request including an explanation of how the COVID-19 pandemic has prevented or will prevent their compliance with the required land sale contract or lease payment.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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