Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 09.55.260 - Private property subject to be takenThe 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.