(a) Except as provided in (b) of this section, a municipality may, only within its boundaries, exercise the powers of eminent domain and declaration of taking in the performance of a power or function of the municipality under the procedures set out in Alaska Stat. § 09.55.250 – 09.55.460. In the case of a second class city, the exercise of the power of eminent domain or declaration of taking must be by ordinance that is submitted to the voters at the next general election or at a special election called for that purpose. A majority of the votes on the question is required for approval of the ordinance.
Terms Used In Alaska Statutes 29.35.030
municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
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
(b) The power of eminent domain may not be exercised to acquire private property from a private person for the purpose of transferring title to the property to another private person for economic development, except as provided by Alaska Stat. § 09.55.240(d)(1) – (6), and may not be exercised for purposes expressed in Alaska Stat. § 09.55.240(e).(c) This section applies to home rule and general law municipalities.(d) In this section,
(1) “economic development” has the meaning given in Alaska Stat. § 09.55.240;(2) “private person” has the meaning given in Alaska Stat. § 09.55.240.
