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ARTICLE.VII
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1994-10-04
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Article VII
Health, Education and Welfare
Section 1 - Public Education.
The legislature shall by general law establish and maintain a system of
public schools open to all children of the State, and may provide for
other public educational institutions. Schools and institutions so
established shall be free from sectarian control. No money shall be paid
from public funds for the direct benefit of any religious or other private
educational institution.
Section 2 - State University.
The University of Alaska is hereby established as the state university and
constituted a body corporate. It shall have title to all real and personal
property now or hereafter set aside for or conveyed to it. Its property
shall be administered and disposed of according to law.
Section 3 - Board of Regents of University.
The University of Alaska shall be governed by a board of regents. The
regents shall be appointed by the governor, subject to confirmation by a
majority of the members of the legislature in joint session. The board
shall, in accordance with law, formulate policy and appoint the president
of the university. He shall be the executive officer of the board.
Section 4 - Public Health.
The legislature shall provide for the promotion and protection of public
health.
Section 5 - Public Welfare.
The legislature shall provide for public welfare.
rposes, constitute the state public domain. The
legislature shall provide for the selection of lands granted to the State
by the United States, and for the administration of the state public
domain.
Section 7 - Special Purpose Sites.
The legislature may provide for the acquisition of sites, objects, and
areas of natural beauty or of historic, cultural, recreational, or
scientific value. It may reserve them from the public domain and provide
for their administration and preservation for the use, enjoyment, and
welfare of the people.
Section 8 - Leases.
The legislature may provide for the leasing of, and the issuance of
permits for exploration of, any part of the public domain or interest
therein, subject to reasonable concurrent uses. Leases and permits shall
provide, among other conditions, for payment by the party at fault for
damage or injury arising from noncompliance with terms governing
concurrent use, and for forfeiture in the event of breach of conditions.
Section 9 - Sales and Grants.
Subject to the provisions of this section, the legislature may provide for
the sale or grant of state lands, or interests therein, and establish
sales procedures. All sales or grants shall contain such reservations to
the State of all resources as may be required by Congress or the State and
shall provide for access to these resources. Reservation of access shall
not unnecessarily impair the owners' use, prevent the control of trespass,
or preclude compensation for damages.
Section 10 - Public Notice.
No disposals or leases of state lands, or interests therein, shall be made
without prior public notice and other safeguards of the public interest as
may be prescribed by law.
Section 11 - Mineral Rights.
Discovery and appropriation shall be the basis for establishing a right in
those minerals reserved to the State which, upon the date of ratification
of this constitution by the people of Alaska, were subject to location
under the federal mining laws. Prior discovery, location, and filing, as
prescribed by law, shall establish a prior right to these minerals and
also a prior right to permits, leases, and transferable licenses for their
extraction. Continuation of these rights shall depend upon the performance
of annual labor, or the payment of fees, rents, or royalties, or upon
other requirements as may be prescribed by law. Surface uses of land by a
mineral claimant shall be limited to those necessary for the extraction or
basic processing of the mineral deposits, or for both. Discovery and
appropriation shall initiate a right, subject to further requirements of
law, to patent of mineral lands if authorized by the State and not
prohibited by Congress. The provisions of this section shall apply to all
other minerals reserved to the State which by law are declared subject to
appropriation.
Section 12 - Mineral Leases and Permits.
The legislature shall provide for the issuance, types and terms of leases
for coal, oil, gas, oil shale, sodium, phosphate, potash, sulfur, pumice,
and other minerals as may be prescribed by law. Leases and permits giving
the exclusive right of exploration for these minerals for specific periods
and areas, subject to reasonable concurrent exploration as to different
classes of minerals, may be authorized by law. Like leases and permits
giving the exclusive right of prospecting by geophysical, geochemical, and
similar methods for all minerals may also be authorized by law.
Section 13 - Water Rights.
All surface and subsurface waters reserved to the people for common
use, except mineral and medicinal waters, are subject to appropriation.
Priority of appropriation shall give prior right. Except for public water
supply, an appropriation of water shall be limited to stated purposes and
subject to preferences among beneficial uses, concurrent or otherwise,
as prescribed by law, and to the general reservation of fish and wildlife.
Section 14 - Access to Navigable Waters.
Free access to the navigable or public waters of the State, as defined by
the legislature, shall not be denied any citizen of the United States or
resident of the State, except that the legislature may by general law
regulate and limit such access for other beneficial uses or public
purposes.
Section 15 - No Exclusive Right of Fishery.
No exclusive right or special privilege of fishery shall be created or
authorized in the natural waters of the State. This section does not
restrict the power of the State to limit entry into any fishery for
purposes of resource conservation, to prevent economic distress among
fishermen and those dependent upon them for a livelihood and to promote
the efficient development of aquaculture in the State. [Amendment approved
August 22, 1972 - Effective October 14, 1972]
Section 16 - Protection of Rights.
No person shall be involuntarily divested of his right to use the waters,
his interests in lands, or improvements affecting either, except for a
superior beneficial use or public purpose and then only with just
compensation and by operation of law.
Section 17 - Uniform Application.
Laws and regulations governing the use or disposal of natural resources
shall apply equally to all persons similarly situated with reference to
the subject matter and purpose to be served by the law or regulation.
Section 18 - Private Ways of Necessity.
Proceedings in eminent domain may be undertaken for private ways of
necessity to permit essential access for extraction or utilization of
resources. Just compensation shall be made for property taken or for
resultant damages to other property rights.