An agency of the state or municipality acquiring property in fee that results in a boundary change located within a municipality exercising the powers conferred by AS 29.35.180 or 29.35.260(c) shall conform to this section by obtaining preliminary approval of a replat showing clearly the location of the proposed public street or other acquisition of property. The platting authority may establish applicable review procedures and standards for a replat made for the purpose of a right-of-way acquisition or condemnation. Neither the adequacy of the municipal replat process or standards, if any, nor the failure of a municipality to follow its own replat process and standards shall deprive the state of the authority to exercise its power of eminent domain. Final approval of replat shall also be obtained. However, if a state agency clearly demonstrates an overriding state interest, a waiver of the municipal approval requirements in this section may be granted by the governor.
Structure Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 55. Special Actions and Proceedings
Sec. 09.55.240. Uses for which authorized; rights-of-way.
Sec. 09.55.250. Classification of estates and land subject to be taken.
Sec. 09.55.260. Private property subject to be taken.
Sec. 09.55.265. Taking of property under reservation void.
Sec. 09.55.266. Existing rights not affected.
Sec. 09.55.270. Prerequisites.
Sec. 09.55.275. Replat approval.
Sec. 09.55.280. Entry upon land.
Sec. 09.55.300. Powers of court.
Sec. 09.55.320. Right to jury trial as to damages and value of property.
Sec. 09.55.330. Compensation and damages.
Sec. 09.55.340. Defective title.
Sec. 09.55.360. Payment or deposit and execution.
Sec. 09.55.370. Final order of condemnation.
Sec. 09.55.380. Order authorizing plaintiff to continue in or take possession.
Sec. 09.55.400. Deposit into court of estimated compensation and damages; costs and fees.
Sec. 09.55.410. Withdrawal of funds by party in interest.
Sec. 09.55.420. Declaration of taking by state or municipality.
Sec. 09.55.430. Contents of declaration of taking.
Sec. 09.55.440. Vesting of title and compensation.