CSSB 278(JUD): "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 CS FOR SENATE BILL NO. 278(JUD) 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.
01 * Sec. 2. AS 09.55.430 is amended to read: 02 Sec. 09.55.430. Contents of declaration of taking. The declaration of taking 03 must contain 04 (1) a statement of the authority under which the property or an interest 05 in it is taken; 06 (2) a statement of the public use for which the property or an interest in 07 it is taken; 08 (3) a description of the property sufficient for the identification of it; 09 (4) a statement of the estate or interest in the property; 10 (5) a map or plat showing the location of the property; 11 (6) a statement of the amount of money estimated by the plaintiff to be 12 just compensation for the property or the interest in it; 13 (7) a statement that the property is taken by necessity for a project 14 located in a manner that is most compatible with the greatest public good and the least 15 private injury; and 16 (8) except where the consent of a property owner cannot be 17 obtained due to incapacity, inability to convey legal title, or absence, a statement 18 that the plaintiff has made a reasonable and diligent effort to acquire the 19 property by negotiation. 20 * Sec. 3. AS 09.55.460(b) is amended to read: 21 (b) The plaintiff may not be divested of a title or possession acquired except 22 where the court finds that 23 (1) the property was not taken by necessity for a public use or purpose 24 in a manner compatible with the greatest public good and the least private injury; or 25 (2) except where the consent of a property owner could not be 26 obtained due to incapacity, inability to convey legal title, or absence, the plaintiff 27 did not make a reasonable and diligent effort to acquire the property by 28 negotiation. 29 (c) In the event of a finding under (b) of this section [THAT FINDING], the 30 court shall enter the judgment necessary to (1) compensate the persons entitled to it for 31 the period during which the property was in the possession of the plaintiff, (2) recover
01 for the plaintiff any award paid to any person, and (3) order the plaintiff to restore the 02 property to the condition in which it existed at the time of the filing of the declaration 03 of taking unless such restoration is impossible, in which case the court shall award 04 damages to the proper persons as compensation for any diminution in the value of the 05 property caused by the plaintiff's wrongful possession. 06 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).