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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 55. Special Actions and Proceedings
- Section 250. Classification of Estates and Land Subject to Be Taken.
previous: Section 240
. Uses For Which Authorized; Rights-of-Way.
next: Section 260
. Private Property Subject to Be Taken.
AS 09.55.250. Classification of Estates and Land Subject to Be Taken.
The following is a classification of the estates and rights in land subject to be taken for public use:
- (1) a fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and
permanent flooding occasioned by them, or for an outlet for a flow, or a place for the deposit of debris or tailings of
a mine, or when, in the judgment of the Department of Natural Resources, or the Department of Transportation and Public
Facilities, a fee simple is necessary for any of the purposes for which the department, on behalf of the state, is
authorized by law to acquire real property by condemnation;
- (2) an easement when taken for any other use;
- (3) the right of entry upon an occupation of land, and the right to take from the land earth, gravel, stones, trees, and
timber as may be necessary for a public use.
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