- Alaska Statutes.
- Title 34. Property
- Chapter 60. Relocation Assistance and Real Property Acquisition Practices
- Section 120. Uniform Real Property Acquisition Policy.
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AS 34.60.120. Uniform Real Property Acquisition Policy.
A state agency or other entity acquiring real property for any project or program in which federal or federal-aid funds
are used shall to the greatest extent practicable comply with the following policies:
- (1) Every reasonable effort shall be made to expeditiously acquire real property by negotiation.
- (2) Real property shall be appraised before the initiation of negotiations, and the owner or a designated representative
shall be given an opportunity to accompany the appraiser during the inspection of the property.
- (3) Before the initiation of negotiations for real property, an amount shall be established that is reasonably believed to
be just compensation for the real property and that amount shall be offered for the property. In no event may the
amount be less than the approved appraisal of the fair market value of the property. A decrease or increase in the
fair market value of real property before the date of valuation caused by the public improvement for which the property
is acquired or by the likelihood that the property would be acquired for the improvement, other than that due to
physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation
for the property. The owner of the real property to be acquired shall be provided with a written statement of, and a
summary of the basis for, the amount established as just compensation.
- (4) An owner may not be required to surrender possession of real property before the state agency concerned pays the
agreed purchase price or deposits with the court in accordance with applicable law, for the benefit of the owner, an
amount not less than the approved appraisal of the fair market value of the property, or the amount of the award of
compensation in the condemnation proceeding for the property.
- (5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent
practicable, a person lawfully occupying real property is not required to move from a dwelling, assuming a replacement
dwelling will be available, or to move the person's business or farm operation, without at least 90 days' written
notice of the date by which the move is required.
- (6) If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a
period subject to termination by the state agency on short notice, the amount of rent required may not exceed the fair
rental value of the property to a short-term occupier.
- (7) In no event may the time of condemnation be advanced or negotiations or condemnation and the deposit of funds in court
for the use of the owner be deferred, nor any other coercive action be taken in order to compel an agreement on the
price to be paid for the property.
- (8) If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation
proceedings shall be instituted. The acquiring state agency may not intentionally make it necessary for an owner to
institute legal proceedings to prove the fact of the taking of the real property.
- (9) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, an offer to acquire
the entire property shall be made.
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