Alaska Statutes Title 09, Chapter 09.55, Article 04 - Eminent Domain

• Sec. 09.55.240 Uses for Which Authorized; Rights-Of-way.
  (a) Except as provided in (d) and (e) of this section, the right of eminent domain may be exercised for the following public uses:(1)...
• Sec. 09.55.250 Classification of Estates and Land Subject to Be Taken.
  The following is a classification of the estates and rights in land subject to be taken for public use:(1) a fee simple, when taken...
• Sec. 09.55.260 Private Property Subject to Be Taken.
  The private property that may be taken under AS 09.55.240 - 09.55.460 includes(1) all real property belonging to any person;(2) land belonging to the...
• Sec. 09.55.265 Taking of Property Under Reservation Void.
  After April 14, 1966, no agency of the state may take privately-owned property by the election or exercise of a reservation to the state...
• Sec. 09.55.266 Existing Rights Not Affected.
  AS 09.55.265 may not be construed to divest the state of, or to require compensation by the state for, any right-of-way or other interest...
• Sec. 09.55.270 Prerequisites.
  Before property can be taken, it shall appear that(1) the use to which it is to be applied is a use authorized by law;(2)...
• Sec. 09.55.275 Replat Approval.
  An agency of the state or municipality acquiring property in fee that results in a boundary change located within a municipality exercising the powers...
• Sec. 09.55.280 Entry Upon Land.
  In all cases where land is required for public use, the state, the public entity, or persons having the authority to condemn, or its...
• Sec. 09.55.290 Jurisdiction.
  Eminent domain proceedings may be commenced in the superior court.
• Sec. 09.55.300 Powers of Court.
  (a) The court has power(1) to regulate and determine the place and manner of making the connections and crossings or of enjoying the common...
• Sec. 09.55.310 Hearing.
  (a) The jury or master shall hear the allegations and evidence of persons interested and shall ascertain and assess the following:(1) the value of...
• Sec. 09.55.320 Right to Jury Trial As to Damages and Value of Property.
  An interested party may appeal the master's award of damages and valuation of the property, in which case there shall be a trial by...
• Sec. 09.55.330 Compensation and Damages.
  For the purpose of assessing compensation and damages, the right to them accrues at the date of issuance of the summons, and its actual...
• Sec. 09.55.340 Defective Title.
  If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the...
• Sec. 09.55.350 Time for Paying Compensation or Damages and Bond to Build Railroad Fences and Cattle Guards.
  The plaintiff shall, within 30 days after final judgment, pay the sum of money assessed. If the use is for railroad purposes, the plaintiff...
• Sec. 09.55.360 Payment or Deposit and Execution.
  Payment may be made to the defendants entitled to payment, or the money may be deposited in court for the defendants and be distributed...
• Sec. 09.55.370 Final Order of Condemnation.
  When payments have been made and the bond given, if the plaintiff elects to give one as required by AS 09.55.350 , the court...
• Sec. 09.55.380 Order Authorizing Plaintiff to Continue in or Take Possession.
  Upon application of the plaintiff at any time after the jury's verdict has been returned or the master's report has been filed in the...
• Sec. 09.55.390 Acquisition of Easements and Additional Powers of the Court to Require Surrender of Possession to Plaintiff.
  The right to take possession under this section is in addition to any other right to take possession provided in AS 09.55.240 - 09.55.460....
• Sec. 09.55.400 Deposit Into Court of Estimated Compensation and Damages; Costs and Fees.
  The order given under AS 09.55.390 requiring the parties in possession to surrender possession to the plaintiff shall require that the plaintiff deposit with...
• Sec. 09.55.410 Withdrawal of Funds by Party in Interest.
  The money deposited in the court or a part of it may be withdrawn by a party in interest in the manner provided in...
• Sec. 09.55.420 Declaration of Taking by State or Municipality.
  (a) Where a proceeding is instituted under AS 09.55.240 - 09.55.460 by the state, it may file a declaration of taking with the complaint...
• Sec. 09.55.430 Contents of Declaration of Taking.
  The declaration of taking must contain(1) a statement of the authority under which the property or an interest in it is taken;(2) a statement...
• Sec. 09.55.440 Vesting of Title and Compensation.
  (a) Upon the filing of the declaration of taking and the deposit with the court of the amount of the estimated compensation stated in...
• Sec. 09.55.450 Right of Entry and Possession.
  (a) Upon the filing of the declaration of taking and the deposit of the estimated compensation, the court may, upon motion, fix the time...
• Sec. 09.55.460 Effect of Appeal.
  (a) An appeal or a bond or undertaking given does not operate to prevent or delay the vesting of title to real property or...

Last modified: November 15, 2016