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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 55. Special Actions and Proceedings
- Section 420. Declaration of Taking By State or Municipality.
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. Contents of Declaration of Taking.
AS 09.55.420. Declaration of Taking By State or Municipality.
- (a) Where a proceeding is instituted under AS 09.55.240
- 09.55.460 by the state, it may file a declaration
of taking with the complaint or at any time after the filing of the complaint, but before judgment. Where a proceeding
is instituted under AS 09.55.240
- 09.55.460 by a municipality in the exercise of
eminent domain for street or highway, off-street automobile parking facilities, school, sewer, water, telephone,
electric, other utility, and slum clearance purposes or use granted to cities of the first class, the governing body of
the municipality may exercise the power through the filing of a declaration of taking with the complaint or at any time
after the filing of the complaint, but before judgment. The declaration of taking procedure may not be used with
relation to the property of rural electrification or telephone cooperatives or nonprofit associations receiving
financial assistance from the federal government under the Rural Electrification Act; provided that no declaration of
taking for off-street parking purposes may be used unless there has been public notice by publication in a newspaper of
general circulation in the area for not less than once a week for four consecutive weeks followed by a full and
complete public hearing held before the governing body of the first class city or municipality.
- (b) [Repealed, Sec. 15 ch 59 SLA 1982].
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