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1989 Interior Dec. (IBLA) 294 (1989)

handle is hein.amindian/ibla1989 and id is 1 raw text is: KIM M. COOK V. MARY FRANCES DeHART BUREN IBLA 87-384 Decided January 5, 1989 Appeals from decisions of the Alaska State Office, Bureau of Land Management, summarily dismissing a private contest complaint against headquarters site application AA-51841, and rejecting application to purchase homesite AA-52228. Affirmed in part as modified and reversed in part. 1. Alaska: Headquarters Sites--Rules of Practice: Private Contests Summary dismissal of a private contest against an Alaska headquarters site cannot be sustained on grounds the contestee was not served with the contest complaint where, on appeal, the contestant produces proof that the complaint was served in conformity to 43 CFR 4.450-5. 2. Alaska: Headquarters Sites--Rules of Practice: Private Contests Pursuant to 43 CFR 4.450-1, a private contest may not be brought for reasons appearing of record with the Bureau of Land Management. Where all the matters alleged by a contest complaint appear on agency records at the time the complaint is filed, it is subject to summary dismissal. 3. Alaska: Homesites--Evidence: Sufficiency Where it appears that occupancy of a homesite in Alaska began in September 1983, calculation of years of occupancy must commence with that date. There is no requirement that occupancy for purposes of establishing a homesite claim pursuant to 43 U.S.C. | 687a (1982) be continuous throughout any given calendar year. 106 IBLA 294

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