SB 190: "An Act relating to eminent domain and to negotiations to purchase property before it is taken through eminent domain; and providing for an effective date."
00SENATE BILL NO. 190 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 interest to be taken is necessary to the use; 09 (3) if already appropriated to a public use, the public use to which it 10 is to be applied is a more necessary public use; and 11 (4) except when negotiation is not possible because of the 12 incapacity, inability to convey legal title, or absence of one or more of the 13 property's owners, a reasonable and diligent effort to acquire the property by 14 purchase has been made.
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 07 in 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 12 be just compensation for the property or the interest in it; 13 (7) a statement that the property or interest in the property is taken 14 by necessity for a project located in a manner that is most compatible with the greatest 15 public good and the least private injury; and 16 (8) a statement that a reasonable and diligent effort to acquire the 17 property by purchase has been made or that negotiation is not possible because 18 of the incapacity, inability to convey legal title, or absence of one or more of the 19 property's owners. 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 or interest in the property was not taken by necessity 24 for a public use or purpose in a manner compatible with the greatest public good and 25 the least private injury; or 26 (2) a reasonable and diligent effort to acquire the property by 27 purchase has not been made and negotiation was not made impossible by the 28 incapacity, inability to convey legal title, or absence of one or more of the 29 property's owners. 30 (c) In the event of a finding under (b) of this section [THAT FINDING], the 31 court shall enter the judgment necessary to (1) compensate the persons entitled to it
01 for the period during which the property was in the possession of the plaintiff, (2) 02 recover for the plaintiff any award paid to any person, and (3) order the plaintiff to 03 restore the property to the condition in which it existed at the time of the filing of the 04 declaration of taking unless such restoration is impossible, in which case the court 05 shall award damages to the proper persons as compensation for any diminution in the 06 value of the property caused by the plaintiff's wrongful possession. 07 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).