The private property that may be taken under Alaska Stat. § 09.55.240 – 09.55.460 includes

(1) all real property belonging to any person;

Terms Used In Alaska Statutes 09.55.260

  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(2) land belonging to the state or to an organized or unorganized borough, city, town, village, or other municipal division, whether incorporated or unincorporated, not appropriated to a public use;
(3) property appropriated to public use, but the property may not be taken unless for a more necessary purpose than that to which it has already been appropriated;
(4) franchises for a public utility, but those franchises may not be taken unless for a more necessary public use;
(5) all rights-of-way for any of the purposes mentioned in Alaska Stat. § 09.55.240, and the structures and improvements on the rights-of-way, and the land held and used in connection with them shall be subject to be connected with, crossed, or intersected by another right-of-way or improvements or structures on them; they shall also be subject to a limited use, in common with the owner, when necessary; but the uses, crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and least private injury;
(6) all classes of private property not enumerated may be taken for public use when the taking is authorized by law.
  Previous section
Next section  
 Article 4 Contents