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Title 3 . Commerce, Community, and Economic Development
Chapter 110 . Municipal Boundary Changes
Section 370. Best interests standard for cities within an organized borough

3 AAC 110.370. Best interests standard for cities within an organized borough

(a) In determining whether reclassification of a city within an organized borough is in the best interests of the state under AS 29.04.040 (a), the commission may consider relevant factors, including the

(1) fiscal impact to the state;

(2) need for the city to have authority to levy a property tax, and at what rate, to provide essential city services; and

(3) need for the city to exercise the power of eminent domain.

(b) The commission may make a determination that reclassification is in the state's best interest, subject to legislative review in the manner provided by art. X, sec. 12, Constitution of the State of Alaska. In those circumstances, legislative review of a reclassification proposal does not eliminate the requirement for voter approval of a reclassification proposal under AS 29.04.040 .

History: Eff. 11/27/96, Register 140; am 5/19/2002, Register 162

Authority: Art. X, sec. 12,

Ak Const.

AS 29.04.040

AS 44.33.812

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Last modified 7/05/2006