(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(b) [Repealed, ยง 15 ch 59 SLA 1982.]
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.