CSHB 500(CRA): "An Act relating to the advance acquisition of real property for public purposes."
00 CS FOR HOUSE BILL NO. 500(CRA) 01 "An Act relating to the advance acquisition of real property for public purposes." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 POLICY AND FINDINGS. (a) It is the policy of the State to provide for the 06 acquisition of real property and interests in real property necessary for the construction, 07 improvement, reconstruction, and maintenance of facilities for public purposes in advance of 08 actual construction, for the purpose of reducing the cost of real property for construction of 09 public facilities, reducing hardship to owners of real property, and eliminating economic 10 waste occasioned by the improvement of property immediately before its acquisition for a 11 public purpose. 12 (b) The legislature finds that the purchase and condemnation of real property 13 necessary for the construction, improvement, reconstruction, and maintenance of facilities for 14 public purposes reasonably in advance of programmed construction, is for a public use and 15 purpose.
01 * Sec. 2. AS 09.55.240(a) is amended to read: 02 (a) The right of eminent domain may be exercised for the following public 03 uses: 04 (1) all public uses authorized by the government of the United States; 05 (2) public buildings and grounds for the use of the state and all other 06 public uses authorized by the legislature of the state; 07 (3) public buildings and grounds for the use of an organized or 08 unorganized borough, city, town, village, school district, or other municipal division, 09 whether incorporated or unincorporated; canals, aqueducts, flumes, ditches, or pipes 10 conducting water, heat, or gas for the use of the inhabitants of an organized or 11 unorganized borough, city, town, or other municipal division, whether incorporated or 12 unincorporated; raising the banks of streams, removing obstructions from them and 13 widening, deepening, or straightening their channels; roads, streets, and alleys, and all 14 other public uses for the benefit of an organized or unorganized borough, city, town, 15 or other municipal division whether incorporated or unincorporated, or its inhabitants, 16 which may be authorized by the legislature; 17 (4) wharves, docks, piers, chutes, booms, ferries, bridges of all kinds, 18 private roads, plant and turnpike roads, railroads, canals, ditches, flumes, aqueducts, 19 and pipes for public transportation, supplying mines and farming neighborhoods with 20 water, and draining and reclaiming land, and for floating logs and lumber on streams 21 not navigable, and sites for reservoirs necessary for collecting and storing water; 22 (5) roads, tunnels, ditches, flumes, pipes, and dumping places for 23 working mines; also outlets, natural or otherwise, for the flow, deposit, or conduct of 24 tailings or refuse matter from mines; also an occupancy in common by the owners or 25 possessors of different mines of any place for the flow, deposit, or conduct of tailings 26 or refuse matter from their several mines, and sites for reservoirs necessary for 27 collecting and storing water; 28 (6) private roads leading from highways to residences, mines, or farms; 29 (7) telephone lines; 30 (8) telegraph lines; 31 (9) sewerage of an organized or unorganized borough, city, town,
01 village, or other municipal division, whether incorporated or unincorporated, or a 02 subdivision of it, or of a settlement consisting of not less than 10 families, or of public 03 buildings belonging to the state or to a college or university; 04 (10) tramway lines; 05 (11) electric power lines; 06 (12) for the location of pipelines for gathering, transmitting, 07 transporting, storing, or delivering natural or artificial gas or oil or any liquid or 08 gaseous hydrocarbons, including, but not limited to, pumping stations, terminals, 09 storage tanks, or reservoirs, and related installations; 10 (13) advance acquisition of real property or an interest in real 11 property for a public use described in this subsection that will occur in the 12 future. 13 * Sec. 3. AS 09.55.270 is amended to read: 14 Sec. 09.55.270. Prerequisites. Before property can be taken, it shall appear 15 that 16 (1) the use to which it is to be applied is a use authorized by law; 17 (2) the taking is necessary to the use; 18 (3) if already appropriated to a public use, the public use to which it is 19 to be applied is a more necessary public use; 20 (4) if the use is for an advance acquisition of real property or an 21 interest in real property for a future public use, the future public use is a 22 reasonably foreseeable use that has been identified in a development plan 23 prepared, published, and made available to the public by the agency or entity 24 that exercises the power of eminent domain. 25 * Sec. 4. AS 18.55.550(a) is amended to read: 26 (a) The corporation may 27 (1) acquire by eminent domain real property that the corporation [IT] 28 considers necessary within the boundaries of the redevelopment project or for the 29 corporation's present or reasonably foreseeable future [ITS] purposes under 30 AS 18.55.480 - 18.55.960 after the adoption by the corporation [IT] of a resolution 31 declaring that the acquisition of the real property described in the resolution is
01 necessary for those purposes; and 02 (2) exercise the power of eminent domain in the manner provided in 03 AS 09.55.240 - 09.55.460 or in the manner provided by other statutory provisions for 04 the exercise of the power of eminent domain. 05 * Sec. 5. AS 18.55.550 is amended by adding a new subsection to read: 06 (c) If the corporation does not use all or a portion of land acquired for advance 07 acquisition for a future public use as authorized under (a) of this section for 08 corporation purposes within 20 years following the acquisition of the land or if the 09 corporation sells all or a portion of land acquired for advance acquisition for a future 10 public use as authorized under (a) of this section, the corporation shall offer the land to 11 the person, or the person's successor in interest, from whom the land was acquired at 12 the same price that the corporation paid the person when the land was acquired. If 13 only a portion of the land acquired for advance acquisition for a future public use is 14 available to the former owner of the land under this subsection, the corporation shall 15 prorate the price of the land to be sold based on the original price of the land and the 16 proportion that the amount of land available for sale bears to the total amount of land 17 originally acquired. 18 * Sec. 6. AS 19.05.080 is amended to read: 19 Sec. 19.05.080. Acquisition of land, easements, and materials by purchase 20 or eminent domain. The department, on behalf of the state and as part of the cost of 21 constructing or maintaining a highway, may purchase in the open market, acquire, take 22 over, or condemn under the right and power of eminent domain land in fee simple or 23 easements that it considers necessary for present public use or for advance 24 acquisition for a reasonably foreseeable future public use, either temporary or 25 permanent, or that it considers necessary and reasonable for the public use. By the 26 same means, the department may obtain material, including clay, gravel, sand, or rock, 27 or the land necessary to obtain material, including access to it. The department may 28 acquire the land or materials notwithstanding the fact that title to it is vested in the 29 state or a department, agency, commission, or institution of the state. Acquisition of 30 materials by purchase in the open market under this section is governed by AS 36.30 31 (State Procurement Code).
01 * Sec. 7. AS 19.05.080 is amended by adding a new subsection to read: 02 (b) If the department does not use all or a portion of land acquired for advance 03 acquisition for a future public use as authorized under (a) of this section for highway 04 purposes within 20 years following the acquisition of the land or if the department 05 sells all or a portion of land acquired for advance acquisition for a future public use as 06 authorized under (a) of this section, the department shall offer the land to the person, 07 or the person's successor in interest, from whom the land was acquired at the same 08 price that the department paid the person when the land was acquired. If only a 09 portion of the land acquired for advance acquisition for a future public use is available 10 to the former owner of the land under this subsection, the department shall prorate the 11 price of the land to be sold based on the original price of the land and the proportion 12 that the amount of land available for sale bears to the total amount of land originally 13 acquired. 14 * Sec. 8. AS 35.20.010 is amended to read: 15 Sec. 35.20.010. Acquisition of land, rights-of-way, and materials by 16 purchase or eminent domain. The department, on behalf of the state and as part of 17 the cost of constructing or maintaining a public work, may purchase in the open 18 market, acquire, take over, or condemn under the right and power of eminent domain 19 land in fee simple or easements that it considers necessary for present public use or 20 for advance acquisition for a reasonably foreseeable future public use, either 21 temporary or permanent, or that it considers necessary and reasonable for the public 22 use. By the same means, the department may obtain material, including clay, gravel, 23 sand, or rock, or the land necessary to obtain the material, and the necessary land or 24 easements to provide access to it. The department may acquire the land or material 25 notwithstanding the fact that the title to it is in the state or a department, agency, 26 commission, or institution of the state. Acquisition of material in the open market 27 under this section is governed by AS 36.30 (State Procurement Code). 28 * Sec. 9. AS 35.20.010 is amended by adding a new subsection to read: 29 (b) If the department does not use all or a portion of land acquired for advance 30 acquisition for a future public use as authorized under (a) of this section for public 31 work purposes within 20 years following the acquisition of the land or if the
01 department sells all or a portion of land acquired for advance acquisition for a future 02 public use as authorized under (a) of this section, the department shall offer the land to 03 the person, or the person's successor in interest, from whom the land was acquired at 04 the same price that the department paid the person when the land was acquired. If 05 only a portion of the land acquired for advance acquisition for a future public use is 06 available to the former owner of the land under this subsection, the department shall 07 prorate the price of the land to be sold based on the original price of the land and the 08 proportion that the amount of land available for sale bears to the total amount of land 09 originally acquired. 10 * Sec. 10. AS 42.05.631 is amended to read: 11 Sec. 42.05.631. Eminent domain. A public utility may exercise the power of 12 eminent domain for public utility uses including present public utility uses or for 13 advance acquisition for reasonably foreseeable future public utility uses. This 14 section does not authorize the use of a declaration of taking. 15 * Sec. 11. AS 42.05.631 is amended by adding a new subsection to read: 16 (b) If a public utility does not use all or a portion of land acquired for advance 17 acquisition for a future public use as authorized under (a) of this section for public 18 utility purposes within 20 years following the acquisition of the land or if the public 19 utility sells all or a portion of land acquired for advance acquisition for a future public 20 use as authorized under (a) of this section, the public utility shall offer the land to the 21 person, or the person's successor in interest, from whom the land was acquired at the 22 same price that the public utility paid the person when the land was acquired. If only a 23 portion of the land acquired for advance acquisition for a future public use is available 24 to the former owner of the land under this subsection, the public utility shall prorate 25 the price of the land to be sold based on the original price of the land and the 26 proportion that the amount of land available for sale bears to the total amount of land 27 originally acquired. 28 * Sec. 12. AS 42.40.385(a) is amended to read: 29 (a) The corporation may exercise the power of eminent domain under 30 AS 09.55.240 - 09.55.460 to acquire land for railroad transportation purposes 31 including present railroad transportation purposes or for advance acquisition for
01 reasonably foreseeable future railroad transportation purposes, consistent with 02 this chapter. Notwithstanding AS 09.55.250, the corporation may acquire a fee simple 03 title whenever, in the judgment of the board, ownership of a fee simple title is 04 necessary to carry out the purposes of this chapter. 05 * Sec. 13. AS 42.40.385 is amended by adding a new subsection to read: 06 (e) If the corporation does not use all or a portion of land acquired for advance 07 acquisition for a future public use as authorized under (a) of this section for railroad 08 transportation purposes within 20 years following the acquisition of the land or if the 09 corporation sells all or a portion of land acquired for advance acquisition for a future 10 public use as authorized under (a) of this section, the corporation shall offer the land to 11 the person, or the person's successor in interest, from whom the land was acquired at 12 the same price that the corporation paid the person when the land was acquired. If 13 only a portion of the land acquired for advance acquisition for a future public use is 14 available to the former owner of the land under this subsection, the corporation shall 15 prorate the price of the land to be sold based on the original price of the land and the 16 proportion that the amount of land available for sale bears to the total amount of land 17 originally acquired.