[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2565.5]



[Page 148-149]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2560_ALASKA OCCUPANCY AND USE--Table of Contents

 

                    Subpart 2565_Non-native Townsites

 

Sec.  2565.5  Sale of the land.



    (a) Public sale of unclaimed lots. After deeds have been issued to 

the parties entitled thereto the trustee will publish or post notice 

that he will sell, at a designated place in the town and at a time 

named, to be not less than 30 days from date, at public outcry, for 

cash, to the highest bidder, all lots and tracts remaining unoccupied 

and unclaimed at the date of the approval of final subdivisional 

townsite survey, and all lots and tracts claimed and awarded on which 

the assessments have not been paid at the date of such sale. The notice 

shall contain a description of the lots and tracts to be sold, made in 

two separate lists, one containing the lots and tracts unclaimed at the 

date of the approval of final subdivisional townsite survey and the 

other the lots and tracts claimed and awarded on which the assessments 

have not been paid. Should any delinquent allottee, prior to the sale of 

the lot claimed by him, pay the assessments thereon, together with the 

pro rata cost of the publication and the cost of acknowledging deed, a 

deed will be issued to him for such lot, and the lot will not be offered 

at public sale. Where notice by publication is deemed advisable the 

notice will be published once a week for 5 consecutive weeks in 

accordance with Sec.  1824.3



[[Page 149]]



of this chapter prior to the date of sale, and in any event copies of 

such notice shall be posted in three conspicuous places within the 

townsite. Each lot must be sold at a fair price, to be determined by the 

trustee, and he is authorized to reject any and all bids. Lots remaining 

unsold at the close of the public sale in an unincorporated town may 

again be offered at a fair price if a sufficient demand appears 

therefor.

    (b) Sales to Federal, State and local governmental agencies. (1) Any 

lot or tract in the townsite which is subject to sale to the highest 

bidder by the trustee pursuant to this section may in lieu of 

disposition at public sale be sold by the trustee at a fair value to be 

fixed by him to any Federal or State agency or instrumentality or to any 

local governmental agency or instrumentality of the State for use for 

public purposes.

    (2) All conveyances under this section shall be subject to such 

conditions, limitations, or stipulations as the trustee shall determine 

are necessary or appropriate in the circumstances, including, where he 

deems proper, a provision for reversion of title to the trustee or his 

successor in interest. Any such provision for reversion of title, 

however, shall by its terms cease to be in effect 25 years after the 

conveyance.

    (3) Conveyances under this section for lands within any incorporated 

city, town, village, or municipality may be made only after the proposed 

conveyance has received the approval of the city, town, or village 

council, or of the local official designated by such council. Such 

conveyances for lands within any unincorporated city, town, village or 

municipality may be made only after notice of the proposed conveyance, 

together with the opportunity to be heard, has been given by the 

proposed grantee to the residents or occupants thereof in accordance 

with the requirements for such notice in the case of the public sale of 

unclaimed lots in a trustee townsite. Any decision of the trustee which 

is adverse to a protest will be subject to the right of appeal under 

part 1840 of this chapter. Upon filing of an appeal pursuant to that 

part, action by the trustee on the conveyance will be suspended pending 

final decision on the appeal.