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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 55. Special Actions and Proceedings
- Section 450. Right of Entry and Possession.
previous:
Section 440. Vesting of Title and Compensation.
next:
Section 460. Effect of Appeal.
AS 09.55.450. Right of Entry and Possession.
- (a) Upon the filing of the declaration of taking and the deposit of the estimated compensation, the court may, upon
motion, fix the time during which and the terms upon which the parties in possession are required to surrender
possession to the petitioner. However, the right of entry may not be granted the plaintiff until after the running of
the time for the defendant to file an objection to the declaration of taking or until after the hearing on any
objection to the declaration of taking if the objection is made in the time allowed by law. Where the party in
possession withdraws any part of the award and remains in possession, the court may fix a reasonable rental for the
premises to be paid by that party to the plaintiff during such possession.
- (b) The court may direct the payment of delinquent taxes and special assessments out of the amount determined to be just
compensation, and make orders with respect to encumbrances, liens, rents, insurance, and other charges as are just and
equitable.
- (c) The right to take possession and title in advance of final judgment where a declaration of taking is filed is in
addition to any other rights to take possession provided in AS 09.55.240
- 09.55.460.
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