00                            HOUSE BILL NO. 319                                                                          
01 "An Act authorizing the exercise of the power of eminent domain for the purpose of                                      
02 developing the state's oil and gas resources; and prohibiting the exercise of eminent                                   
03 domain to acquire property for transfer to a private person for a purpose other than oil                                
04 and gas development."                                                                                                   
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  AS 09.55.240 is amended by adding new subsections to read:                                           
07            (d)  The right of eminent domain may be exercised for the purpose of                                         
08       developing the state's oil and gas resources.  The taking of property with just                                   
09       compensation for the development of oil and gas resources owned by the state is a                                 
10       taking for public use and for the benefit of the citizens of the state.                                           
11            (e)  Except as provided in AS 18.55.480 - 18.55.960 and (d) of this section, the                             
12       right of eminent domain may not be exercised for the purpose of taking property to be                             
13       transferred to a private person.                                                                                  
14    * Sec. 2.  AS 09.55.250 is amended to read:                                                                        

01            Sec. 09.55.250.  Classification of estates and land subject to be taken.  The                              
02       following is a classification of the estates and rights in land subject to be taken for                           
03       public use:                                                                                                       
04                 (1)  a fee simple, when taken for public buildings or grounds, or for                                   
05       permanent buildings, for reservoirs and dams and permanent flooding occasioned by                                 
06       them, or for an outlet for a flow, or a place for the deposit of debris or tailings of a                          
07       mine, or when, in the judgment of the Department of Natural Resources, or the                                     
08       Department of Transportation and Public Facilities, a fee simple is necessary for any                             
09       of the purposes for which the department, on behalf of the state, is authorized by law                            
10       to acquire real property by condemnation;                                                                         
11                 (2)  an easement when taken for any other use;                                                          
12                 (3)  the right of entry upon an occupation of land, and the right to take                               
13       from the land earth, gas, gravel, oil, stones, trees, and timber as may be necessary for a                
14       public use; in this paragraph, "gas" and "oil" have the meanings given in                                     
15       AS 43.55.900.                                                                                                 
16    * Sec. 3.  AS 29.35.030(a) is amended to read:                                                                     
17            (a)  Except as provided in (c) of this section, a [A] municipality may, only                             
18       within its boundaries, exercise the powers of eminent domain and declaration of taking                            
19       in the performance of a power or function of the municipality under the procedures set                            
20       out in AS 09.55.250 - 09.55.460.  In the case of a second class city, the exercise of the                         
21       power of eminent domain or declaration of taking must be by ordinance that is                                     
22       submitted to the voters at the next general election or at a special election called for                          
23       that purpose.  A majority of the votes on the question is required for approval of the                            
24       ordinance.                                                                                                        
25    * Sec. 4.  AS 29.35.030 is amended by adding a new subsection to read:                                             
26            (c)  Except as provided in AS 18.55.480 - 18.55.960, a municipality may not                                  
27       exercise the powers of eminent domain for the purpose of taking property to be                                    
28       transferred to a private person.