AU International, Inc. v. State, Department of Natural Resources

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Alaska Statute 38.05.265 provides that failure to properly record a statement of annual labor for state mining claims “constitutes abandonment of all rights acquired under the mining claim ... involved.” Owners of 1,039 state mining claims filed a statement of annual labor for only four of those claims, and failed to identify the remaining 1,035 claims by name and claim number. Did their failure constitute an abandonment of the 1,035 claims even if the owners did not intend to abandon them? Because we conclude that intent is irrelevant under the…