00 CS FOR SENATE BILL NO. 190(JUD) 01 "An Act relating to eminent domain and to negotiations to purchase property 02 before it is taken 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  and the property interest to be taken are  [IS] 09 necessary to the use; 10  (3) if already appropriated to a public use, the public use to which it 11 is to be applied is a more necessary public use. 12 * Sec. 2. AS 09.55.270 is amended by adding a new subsection to read: 13  (b) Except when negotiation is not possible because of the incapacity, inability 14 to convey legal title, or absence of one or more of the property's owners, a good faith 01 effort at negotiation to acquire the property interest by purchase shall be made. In a 02 proceeding involving the taking of a property interest through eminent domain, the 03 burden of proof is on the party opposing the taking to show that a good faith effort to 04 acquire the property interest by purchase was not made. 05 * Sec. 3. AS 09.55.430 is amended to read: 06  Sec. 09.55.430. Contents of declaration of taking. The declaration of taking 07 must contain 08  (1) a statement of the authority under which the property or an interest 09 in it is taken; 10  (2) a statement of the public use for which the property or an interest 11 in it is taken; 12  (3) a description of the property sufficient for the identification of it; 13  (4) a statement of the estate or interest in the property; 14  (5) a map or plat showing the location of the property; 15  (6) a statement of the amount of money estimated by the plaintiff to 16 be just compensation for the property or the interest in it; 17  (7) a statement that the property  or interest in the property  is taken 18 by necessity for a project located in a manner that is most compatible with the greatest 19 public good and the least private injury ; and 20  (8) a statement that a good faith effort at negotiation to acquire the 21 property by purchase has been made or that negotiation is not possible because 22 of the incapacity, inability to convey legal title, or absence of one or more of the 23 property's owners . 24 * Sec. 4. AS 09.55.460(b) is amended to read: 25  (b) The plaintiff may not be divested of a title or possession acquired except 26 where the court finds that 27   (1)  the property  or interest in the property  was not taken by necessity 28 for a public use or purpose in a manner compatible with the greatest public good and 29 the least private injury ; or 30  (2) a good faith effort at negotiation to acquire the property by 31 purchase has not been made and negotiation was not made impossible by the 01 incapacity, inability to convey legal title, or absence of one or more of the 02 property's owners . 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 05 for the period during which the property was in the possession of the plaintiff, (2) 06 recover for the plaintiff any award paid to any person, and (3) order the plaintiff to 07 restore the property to the condition in which it existed at the time of the filing of the 08 declaration of taking unless such restoration is impossible, in which case the court 09 shall award damages to the proper persons as compensation for any diminution in the 10 value of the property caused by the plaintiff's wrongful possession. 11 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).