HB 154: "An Act requiring the Department of Law to provide guidelines regarding unconstitutional state and municipal takings of private real property; relating to the taxation of private real property taken unconstitutionally by state or municipal action; establishing a time limit for bringing an action for an unconstitutional state or municipal taking of private real property; and providing for an effective date."
00HOUSE BILL NO. 154 01 "An Act requiring the Department of Law to provide guidelines regarding 02 unconstitutional state and municipal takings of private real property; relating to 03 the taxation of private real property taken unconstitutionally by state or municipal 04 action; establishing a time limit for bringing an action for an unconstitutional 05 state or municipal taking of private real property; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 09.10.030 is amended to read: 09 Sec. 09.10.030. ACTIONS TO RECOVER REAL PROPERTY IN 10 YEARS. 10 Except as otherwise provided under AS 09.57.020, a [A] person may not bring an 11 action for the recovery of real property [,] or for the recovery of the possession of it 12 unless the action is commenced within 10 years. An action may not be maintained for 13 the recovery unless it appears that the plaintiff, an ancestor, a predecessor, or the 14 grantor of the plaintiff was seized or possessed of the premises in question within 10
01 years before the commencement of the action. 02 * Sec. 2. AS 09.10.070 is amended to read: 03 Sec. 09.10.070. ACTIONS FOR TORTS AND CERTAIN STATUTORY 04 LIABILITIES TO BE BROUGHT IN TWO YEARS. Except as otherwise provided 05 by AS 09.57.020, a [A] person may not bring an action (1) for libel, slander, assault, 06 battery, seduction, false imprisonment, or for any injury to the person or rights of 07 another not arising on contract and not specifically provided otherwise; (2) upon a 08 statute for a forfeiture or penalty to the state; or (3) upon a liability created by statute, 09 other than a penalty or forfeiture; unless the action is commenced within two years. 10 * Sec. 3. AS 09 is amended by adding a new chapter to read: 11 CHAPTER 57. GOVERNMENT TAKINGS. 12 Sec. 09.57.010. GOVERNMENT TAKINGS GUIDELINES. The Department 13 of Law shall develop and submit guidelines to the lieutenant governor each year for 14 publication in the Alaska Administrative Code to assist state agencies, municipalities, 15 and the public to identify and evaluate government action that may result in an 16 unconstitutional taking of private real property. The guidelines must be based on 17 current law as articulated by the United States Supreme Court and the state supreme 18 court. The guidelines may not be construed to enlarge or reduce the scope of private 19 property protection provided by the state or federal constitution. 20 Sec. 09.57.020. TIME FOR BRINGING ACTION. A person may not 21 commence a civil action for an unconstitutional taking of the person's private real 22 property by government action unless the action is commenced within five years after 23 the cause of action has accrued. 24 Sec. 09.57.030. ADJUSTMENT OF VALUE FOR PROPERTY TAX. If a 25 court determines that there has been an unconstitutional taking of private real property 26 by government action, and if the taking reduces the value of the property, a 27 municipality that levies a property tax on the property shall take the reduction in value 28 into consideration when valuing the property for the property tax. 29 Sec. 09.57.090. DEFINITIONS. In this chapter, 30 (1) "government action" means action by the state government or by 31 a municipality, but does not include
01 (A) the formal exercise of the power of eminent domain; 02 (B) seizure of private property by law enforcement agencies as 03 evidence of a crime for violations of law or forfeiture ordered by a court; 04 (C) orders issued by a state agency, an agency of a 05 municipality, or a court that result from a violation of law and that are 06 authorized by law; or 07 (D) the discontinuation of state government programs or the 08 government programs of a municipality; 09 (2) "private real property" means real property that is not owned by the 10 state, a municipality, or the federal government, and includes an interest in real 11 property and improvements to real property; 12 (3) "unconstitutional taking" means the taking of private property by 13 government action if adequate compensation is not paid to the owner and if 14 compensation to the owner of the property is required by 15 (A) the fifth or fourteenth amendment to the federal 16 constitution; or 17 (B) art. 1, sec. 18, of the state constitution. 18 * Sec. 4. AS 29.45.110 is amended by adding a new subsection to read: 19 (d) When assessing the full and true value of property, the assessor shall 20 comply with AS 09.57.030. 21 * Sec. 5. AS 44.62.130(a) is amended to read: 22 (a) The lieutenant governor shall provide for the continuing compilation, 23 codification, and publication, with periodic supplements, of the guidelines developed 24 by the Department of Law under AS 09.57.010 and of all regulations filed by the 25 lieutenant governor's office, or of appropriate references to any regulations the printing 26 of which the lieutenant governor finds to be impractical, such as detailed schedules or 27 forms otherwise available to the public, or that [WHICH] are of limited or particular 28 application. The publication of the guidelines and the compiled regulations is the 29 Alaska Administrative Code. The periodic supplements to it are the Alaska 30 Administrative Register. The code and register must contain appropriate annotations 31 to judicial decisions and opinions of the attorney general.