CSSB 382(TRA): "An Act relating to replat approval; relating to the platting of right-of-way acquired through eminent domain proceedings; and providing for an effective date."
00 CS FOR SENATE BILL NO. 382(TRA) 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 while at the same time clarifying that that role is not 08 intended to require the same substantive review or procedures for review of replats for the 09 acquisition of property by the state or a municipality as required in replats for private 10 landowner subdivisions or zoning reviews. Regulations adopted by the Department of 11 Transportation and Public Facilities shall be the primary and governing authority for these 12 replat approval proceedings. 13 (b) It is the intent of the legislature to 14 (1) confirm the authority of an agency of the state or a municipality to conduct
01 condemnation proceedings so long as the agency of the state or municipality obtains 02 preliminary replat approval as provided for in this Act, notwithstanding challenges to 03 particular municipal replat ordinances, review standards, procedures, or applications; and 04 (2) apply secs. 1 and 2 of this Act retrospectively to July 1, 1999, and to 05 existing litigation such as State of Alaska v. Hartman, 3AN-03-13875 CI and State of Alaska 06 v. Hinkel, 3AN-04-4768 CI. 07 * Sec. 2. AS 09.55.275 is repealed and reenacted to read: 08 Sec. 09.55.275. Replat approval. An agency of the state or municipality 09 acquiring property in fee that results in a boundary change located within a 10 municipality exercising the powers conferred by AS 29.35.180 or 29.35.260(c) shall 11 conform to this section and AS 44.42.085 by obtaining preliminary approval of a 12 replat showing clearly the location of the proposed public street or other acquisition of 13 property. The platting authority may establish applicable review procedures and 14 standards, consistent with AS 44.42.085 and regulations adopted under that section, 15 for a replat made for the purpose of a right-of-way acquisition or condemnation. If no 16 municipal standards and procedures are in effect, then the provision of AS 44.42.085 17 and the regulations adopted under that section shall apply. Final approval of replat 18 shall also be obtained. However, if a state agency clearly demonstrates an overriding 19 state interest, a waiver of the municipal approval requirements in this section may be 20 granted by the governor. 21 * Sec. 3. AS 44.42 is amended by adding a new section to read: 22 Sec. 44.42.085. Platting of right of way acquired through eminent domain 23 proceedings. (a) Except as provided in (c) of this section, the department shall 24 comply with AS 09.55.275 when exercising eminent domain powers in municipalities 25 that exercise the powers conferred by AS 29.35.180 or 29.35.260(c). 26 (b) The department shall adopt regulations providing for uniform procedures 27 and standards for replatting required by (a) of this section. The regulations 28 (1) must be consistent with AS 09.55.240 - 09.55.460, AS 34.60.010 - 29 34.60.150, and 42 U.S.C. 4601 - 4655 (Uniform Relocation Assistance and Real 30 Property Acquisition Policies Act of 1970), as amended; 31 (2) must provide for a review by the platting authority of the
01 municipality in which the property subject to the eminent domain proceeding is 02 located; and 03 (3) may allow the municipal authority to elect to provide preliminary 04 and final replat approval. 05 (c) The department is exempt from municipal platting requirements that are in 06 conflict with this section and the regulations adopted by the department under (b) of 07 this section. 08 (d) Neither the adequacy of the municipal replat process or standards, if any, 09 nor the failure of a municipality to follow its own replat process and standards, shall 10 deprive the state of the authority to exercise its power of eminent domain. 11 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 RETROACTIVITY. Sections 1 and 2 of the Act are retroactive to July 1, 1999. 14 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).