Best Interest Decision Affirmed as Modified – Negotiated Land Sale – Chiniak – Kodiak – MHT 9200476


MH Parcel: SM-0461

Action:  Adopt the Best Interest Decision dated May 28, 2021, regarding the above referenced disposal as final, with modification. This decision document, combined with the Best Interest Decision dated May 28, 2021, constitutes the final decision on this matter, in accordance with 11 AAC 99.040.

Notice under 11 AAC 99.050:  The Trust Land Office published the public notice of the decision to complete a negotiated sale in Chiniak in the Kodiak Daily Mirror, on the State of Alaska’s online public notice website, distributed the notice to the Kodiak Island Borough, the Alaska Mental Health Trust Authority, and other interested public and private parties on June 4, 2021.

Summary of Comments: One public comment was received on June 29, 2021, from Jon LeVan and included a valid competing offer in the amount of $40,000 for the parcel: SM-0461. One agency response was received from the Alaska Department of Transportation & Public Facilities reminding the purchaser that a driveway permit is required for access along the Chiniak Highway.

Trust Authority Consultation:  The Alaska Mental Health Trust Authority was consulted on this matter on May 28, 2021.

Modifications:  As one comment was received suggesting that the Best Interest Decision dated May 28, 2021, should be substantively modified to better serve the interest of the Trust and its beneficiaries, the Executive Director has determined that the valid competing offer of $40,000 from Jon LeVan shall be accepted in place of the original offer from Tim and Heather Veverica of $31,000. An option to hold an outcry auction for the parcel starting at the highest offer received, $40,000, was presented to the original applicants, Tim and Heather Veverica, which they declined.

Final Decision of the Executive Director:  Considering all the above, the Executive Director of the Trust Land Office hereby adopts the Best Interest Decision dated May 28, 2021, as modified above, as final.

Reconsideration:  Persons who submitted timely written comments during the notice period that ended July 6, 2021, are eligible to request reconsideration of this final best interest decision under 11 AAC 99.060(b) within 20 calendar days after publication of the notice or receipt of the final decision, whichever is earlier. A request for reconsideration must be submitted in writing to the Executive Director. This request must be accompanied by the fee established by the Executive Director under 11 AAC 99.130, which has been set at $500, to be eligible for reconsideration. Before filing an appeal to the Superior Court under AS 44.62.560, a person must be eligible to request and must actually request reconsideration within the time specified above.

The Executive Director shall order or deny reconsideration within 20 calendar days after receiving the written request for reconsideration. If the Executive Director takes no action during the 20-day period following the request, the request is considered denied.  Denial of a request for reconsideration is the final administrative decision for purposes of appeal to the superior court under AS 44.62.560.

To view the full Best Interest Decision Affirmed as Modified, please click the below link:

MHT 9200476 BIDAM