SB 278: "An Act requiring a good faith effort to purchase property before that property is taken through eminent domain; and providing for an effective date."
00 SENATE BILL NO. 278 01 "An Act requiring a good faith effort to purchase property before that property is taken 02 through eminent domain; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.55.270 is amended to read: 05 Sec. 09.55.270. Prerequisites. Before property can be taken, it shall appear 06 that 07 (1) the use to which it is to be applied is a use authorized by law; 08 (2) the taking is necessary to the use; 09 (3) if already appropriated to a public use, the public use to which it is 10 to be applied is a more necessary public use; and 11 (4) except where the consent of a property owner cannot be 12 obtained due to incapacity, inability to convey legal title, or absence, the 13 condemnor has made a reasonable and diligent effort to acquire the property by 14 negotiation; for purposes of this paragraph, "reasonable and diligent effort"
01 includes inviting the property owner to secure an appraisal from a real estate 02 appraiser certified under AS 08.87, and either offering to purchase the property 03 for its full appraised value as determined by the property owner's appraiser plus 04 the cost of the appraisal, or explaining to the property owner why full appraised 05 value is not being offered. 06 * Sec. 2. AS 09.55.430 is amended to read: 07 Sec. 09.55.430. Contents of declaration of taking. The declaration of taking 08 must contain 09 (1) a statement of the authority under which the property or an interest 10 in it is taken; 11 (2) a statement of the public use for which the property or an interest in 12 it is taken; 13 (3) a description of the property sufficient for the identification of it; 14 (4) a statement of the estate or interest in the property; 15 (5) a map or plat showing the location of the property; 16 (6) a statement of the amount of money estimated by the plaintiff to be 17 just compensation for the property or the interest in it; 18 (7) a statement that the property is taken by necessity for a project 19 located in a manner that is most compatible with the greatest public good and the least 20 private injury; and 21 (8) except where the consent of a property owner cannot be 22 obtained due to incapacity, inability to convey legal title, or absence, a statement 23 that the plaintiff has made a reasonable and diligent effort to acquire the 24 property by negotiation. 25 * Sec. 3. AS 09.55.460(b) is amended to read: 26 (b) The plaintiff may not be divested of a title or possession acquired except 27 where the court finds that 28 (1) the property was not taken by necessity for a public use or purpose 29 in a manner compatible with the greatest public good and the least private injury; or 30 (2) except where the consent of a property owner could not be 31 obtained due to incapacity, inability to convey legal title, or absence, the plaintiff
01 did not make a reasonable and diligent effort to acquire the property by 02 negotiation. 03 (c) In the event of a finding under (b) of this section [THAT FINDING], the 04 court shall enter the judgment necessary to (1) compensate the persons entitled to it for 05 the period during which the property was in the possession of the plaintiff, (2) recover 06 for the plaintiff any award paid to any person, and (3) order the plaintiff to restore the 07 property to the condition in which it existed at the time of the filing of the declaration 08 of taking unless such restoration is impossible, in which case the court shall award 09 damages to the proper persons as compensation for any diminution in the value of the 10 property caused by the plaintiff's wrongful possession. 11 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).