HCS CSSB 278(FIN): "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 HOUSE CS FOR CS FOR SENATE BILL NO. 278(FIN) 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) the condemnor has made a reasonable and diligent effort to 12 acquire the property by negotiation as provided in (b) and (c) of this section, 13 unless the property owner is 14 (A) unable to negotiate due to incapacity;
01 (B) unable to convey legal title; or 02 (C) absent. 03 * Sec. 2. AS 09.55.270 is amended by adding new subsections to read: 04 (b) Before taking property estimated by the condemnor to be worth $15,000 or 05 more, a condemnor shall invite the property owner, within a reasonable period of time 06 set by the condemnor, to obtain an appraisal from a real estate appraiser certified 07 under AS 08.87 and offer to 08 (1) sell the property to the condemnor for the appraised value plus the 09 cost of appraisal; or 10 (2) exchange the property for a parcel of comparable value. 11 (c) If a property owner makes an offer under (b) of this section within the 12 reasonable period of time set by the condemnor, the condemnor must either accept the 13 offer, or reject the offer and provide a reasonable explanation of the reasons for the 14 rejection along with a reasonable counter offer. If a condemnor invites the property 15 owner to make an offer to sell the property as described in (b) of this section and the 16 property owner fails to respond within a reasonable period of time, or if the property 17 owner rejects a reasonable counter offer made under this subsection, the condemnor 18 may commence eminent domain proceedings under AS 09.55.290. 19 * Sec. 3. AS 09.55.430 is amended to read: 20 Sec. 09.55.430. Contents of declaration of taking. The declaration of taking 21 must contain 22 (1) a statement of the authority under which the property or an interest 23 in it is taken; 24 (2) a statement of the public use for which the property or an interest in 25 it is taken; 26 (3) a description of the property sufficient for the identification of it; 27 (4) a statement of the estate or interest in the property; 28 (5) a map or plat showing the location of the property; 29 (6) a statement of the amount of money estimated by the plaintiff to be 30 just compensation for the property or the interest in it; 31 (7) a statement that the property is taken by necessity for a project
01 located in a manner that is most compatible with the greatest public good and the least 02 private injury; and 03 (8) a statement that the plaintiff has complied with 04 AS 09.55.270(b) and (c), if applicable, unless the property owner is 05 (A) unable to negotiate due to incapacity; 06 (B) unable to convey legal title; or 07 (C) absent. 08 * Sec. 4. AS 09.55.440(a) is amended to read: 09 (a) Upon the filing of the declaration of taking and the deposit with the court 10 of the amount of the estimated compensation stated in the declaration, title to the 11 estate as specified in the declaration vests in the plaintiff, and that property is 12 condemned and taken for the use of the plaintiff, and the right to just compensation for 13 it vests in the persons entitled to it. The compensation shall be ascertained and 14 awarded in the proceeding and established by judgment. If, following the award of 15 just compensation in the proceedings, the court finds as a matter of law that the 16 plaintiff has not complied with AS 09.55.270(b) and (c), the court may award an 17 additional sum of up to 10 percent of the award of just compensation as 18 additional compensation. The judgment must include interest at the rate of 10.5 19 percent a year on the amount finally awarded that exceeds the amount paid into court 20 under the declaration of taking. The interest runs from the date title vests to the date 21 of payment of the judgment. 22 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).