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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 55. Special Actions and Proceedings
- Section 260. Private Property Subject to Be Taken.
previous: Section 250
. Classification of Estates and Land Subject to Be Taken.
next: Section 265
. Taking of Property Under Reservation Void.
AS 09.55.260. Private Property Subject to Be Taken.
The private property that may be taken under AS 09.55.240
- 09.55.460 includes
- (1) all real property belonging to any person;
- (2) land belonging to the state or to an organized or unorganized borough, city, town, village, or other municipal
division, whether incorporated or unincorporated, not appropriated to a public use;
- (3) property appropriated to public use, but the property may not be taken unless for a more necessary purpose than that
to which it has already been appropriated;
- (4) franchises for a public utility, but those franchises may not be taken unless for a more necessary public use;
- (5) all rights-of-way for any of the purposes mentioned in AS 09.55.240, and the structures and improvements on the
rights-of-way, and the land held and used in connection with them shall be subject to be connected with, crossed, or
intersected by another right-of-way or improvements or structures on them; they shall also be subject to a limited use,
in common with the owner, when necessary; but the uses, crossings, intersections, and connections shall be made in the
manner most compatible with the greatest public benefit and least private injury;
- (6) all classes of private property not enumerated may be taken for public use when the taking is authorized by law.
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