Sec. 09.55.260. Private property subject to be taken.

218 words·~1 min read·/ak/title-9/chapter-55/09-55-260

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 state or to an organized or unorganized borough, city, town, village, or other municipal division, whether incorporated or unincorporated, not appropriated to a public use;

(3)property appropriated to public use, but the property may not be taken unless for a more necessary purpose than that to which it has already been appropriated;

(4)franchises for a public utility, but those franchises may not be taken unless for a more necessary public use;

(5)all rights-of-way for any of the purposes mentioned in AS 09.55.240 , and the structures and improvements on the rights-of-way, and the land held and used in connection with them shall be subject to be connected with, crossed, or intersected by another right-of-way or improvements or structures on them; they shall also be subject to a limited use, in common with the owner, when necessary; but the uses, crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and least private injury;

(6)all classes of private property not enumerated may be taken for public use when the taking is authorized by law.