00                    CS FOR SENATE BILL NO. 382(CRA) am                                                                  
01 "An Act relating to replat approval; relating to the platting of right-of-way acquired                                  
02 through eminent domain proceedings; and providing for an effective date."                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06       PURPOSE AND INTENT.  (a)  The purpose of this Act is to confirm the municipal                                     
07 role in eminent domain proceedings, including the right of municipalities to regulate remnant                           
08 parcels, while at the same time clarifying that that role is not intended to require the same                           
09 substantive review or procedures for review of replats for the acquisition of property by the                           
10 state or a municipality as required in replats for private landowner subdivisions or zoning                             
11 reviews.                                                                                                                
12       (b)  It is the intent of the legislature to                                                                       
13            (1)  confirm the authority of an agency of the state or a municipality to conduct                            
14 condemnation proceedings so long as the agency of the state or municipality obtains                                     

01 preliminary replat approval as provided for in this Act, notwithstanding challenges to                                  
02 particular municipal replat ordinances, review standards, procedures, or applications; and                              
03            (2)  apply secs. 1 and 2 of this Act retrospectively to July 1, 1999, and to                                 
04 existing litigation such as State of Alaska v. Hartman, 3AN-03-13875 CI and State of Alaska                             
05 v. Hinkel, 3AN-04-4768 CI.                                                                                              
06    * Sec. 2.  AS 09.55.275 is repealed and reenacted to read:                                                         
07            Sec. 09.55.275.  Replat approval.  An agency of the state or municipality                                  
08       acquiring property in fee that results in a boundary change located within a                                      
09       municipality exercising the powers conferred by AS 29.35.180 or 29.35.260(c) shall                                
10       conform to this section by obtaining preliminary approval of a replat showing clearly                             
11       the location of the proposed public street or other acquisition of property.  The platting                        
12       authority may establish applicable review procedures and standards for a replat made                              
13       for the purpose of a right-of-way acquisition or condemnation.  Neither the adequacy                              
14       of the municipal replat process or standards, if any, nor the failure of a municipality to                        
15       follow its own replat process and standards shall deprive the state of the authority to                           
16       exercise its power of eminent domain.  Final approval of replat shall also be obtained.                           
17       However, if a state agency clearly demonstrates an overriding state interest, a waiver                            
18       of the municipal approval requirements in this section may be granted by the                                      
19       governor.                                                                                                         
20    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22       RETROACTIVITY.  Sections 1 and 2 of the Act are retroactive to July 1, 1999.                                      
23    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).