Sections
Article 1 Quiet Title, Land Boundaries, and Adverse Possession 09.45.010 – 09.45.052
Article 2 Forcible Entry and Detainer 09.45.060 – 09.45.160
Article 3 Actions Relating to Nonconsensual Common Law Liens 09.45.161 – 09.45.169
Article 4 Foreclosure of Liens 09.45.170 – 09.45.220
Article 5 Nuisances 09.45.230 – 09.45.255
Article 6 Partition 09.45.260 – 09.45.620
Article 7 Recovery of Possession 09.45.630 – 09.45.710
Article 8 Trespass 09.45.730 – 09.45.735
Article 9 Waste 09.45.740
Article 10 Earthslide Relief Act 09.45.800 – 09.45.880
Article 11 Action for Dwelling Design, Construction, or Remodeling Claims 09.45.881 – 09.45.899
Article 12 Miscellaneous Provisions 09.45.900 – 09.45.940
Article 13 General Provisions 09.45.990

Terms Used In Alaska Statutes > Chapter 45

  • absentee voting official: means a person appointed to serve as an absentee voting official in accordance with AS 15. See Alaska Statutes 15.80.010
  • adjutant general: means the principal executive officer of the Department of Military and Veterans? Affairs appointed under AS 26. See Alaska Statutes 26.30.900
  • administrative sanctions and incentives: means responses by a probation officer to a probationer?s compliance with or violation of the conditions of probation under AS 33. See Alaska Statutes 33.05.080
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • area: means a geographic area described by a closed perimeter boundary within one or more municipalities in the state. See Alaska Statutes 26.30.900
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attack: means the use of weapons, explosives, chemicals, biological or biochemical agents, or other instruments with the potential for major force or impact, with apparent intent to inflict widespread or severe injury to persons or property. See Alaska Statutes 26.20.200
  • attendance area: means the geographic area designated by the department to be served by a school. See Alaska Statutes 14.60.010
  • authority: means a public body created under AS 30. See Alaska Statutes 30.13.900
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • ballot: means any document provided by the director on which votes may be cast for candidates, propositions, or questions. See Alaska Statutes 15.80.010
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: means the state Board of Education and Early Development. See Alaska Statutes 14.60.010
  • bonds: means bonds or other obligations issued under this chapter. See Alaska Statutes 30.13.900
  • civil defense: means the protection and defense of the civilian population by the organized efforts of the residents of the state other than those in the military service, and includes without limitation, fire fighting, policing, rescue, air raid warning, security, communications, medical service, vaccination and other actions to protect public health, transportation, evacuation of persons, welfare aid, guard duty, anti-espionage and anti-sabotage service, construction of temporary housing and bomb proof shelters, any other service necessary for the protection of and aid to the public not normally furnished by the military services, and training, preparation, travel, and other activities necessary for the provision of the services described in this paragraph. See Alaska Statutes 26.20.200
  • commercial motor vehicle: means a motor vehicle or a combination of a motor vehicle and one or more other vehicles

    (A) used to transport passengers or property. See Alaska Statutes 28.90.990

  • commissioner: means the commissioner of administration. See Alaska Statutes 28.90.990
  • commissioner: means the commissioner of natural resources. See Alaska Statutes 27.40.010
  • commissioner: means the commissioner of corrections or the designee of the commissioner. See Alaska Statutes 33.05.080
  • commissioner: means the commissioner of education and early development. See Alaska Statutes 14.60.010
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • conveyance: as used in this chapter , shall be construed to embrace every instrument in writing except a last will and testament, of whatever form and by whatever name it may be known in law, by which an estate or interest in land is created, aliened, assigned, or surrendered. See Alaska Statutes 34.40.130
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • cost: includes the cost of acquisition or construction of all or any part of transportation facilities and of all or any property, rights, easements, and franchises considered by an authority to be necessary, useful, or convenient, including without limitation reimbursements to the authority or any other person of money expended for the purposes of the authority and interest or discount on bonds to finance those expenses, engineering and inspection costs and legal expenses, the cost of financial, professional, and other advice, and the cost of issuance of bonds. See Alaska Statutes 30.13.900
  • criminal justice information: has the meaning given in AS 12. See Alaska Statutes 28.90.990
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: means the Department of Administration. See Alaska Statutes 28.90.990
  • department: means the Department of Natural Resources. See Alaska Statutes 27.40.010
  • department: means the Department of Military and Veterans? Affairs. See Alaska Statutes 26.20.200
  • department: means Department of Commerce, Community, and Economic Development. See Alaska Statutes 34.55.044
  • department: means the Department of Education and Early Development. See Alaska Statutes 14.60.010
  • Dependent: A person dependent for support upon another.
  • director: means the director of lands, Department of Natural Resources. See Alaska Statutes 29.65.130
  • director: means the director of elections who is the chief elections officer of the state appointed in accordance with AS 15. See Alaska Statutes 15.80.010
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Alaska Statutes 34.55.044
  • district: means the area within the boundaries of an authority. See Alaska Statutes 30.13.900
  • division: means the division of elections created under AS 15. See Alaska Statutes 15.80.010
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • driver: means a person who drives or is in actual physical control of a vehicle. See Alaska Statutes 28.90.990
  • election board: means the board appointed in accordance with AS 15. See Alaska Statutes 15.80.010
  • election official: means election board members, members of counting or review boards, employees of the division of elections, and absentee voting officials. See Alaska Statutes 15.80.010
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • facility: means a facility of

    (A) an Alaska military or civilian agency serving a subdivision of the Alaska National Guard, the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, or the United States Coast Guard, including reserve units of those entities. See Alaska Statutes 26.30.900

  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • federal election: means a general, special, special runoff, or primary election held solely or in part for the purpose of selecting, nominating, or electing a candidate for the office of President, Vice-President, presidential elector, United States senator, or United States representative. See Alaska Statutes 15.80.010
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • general election: means the election held on the Tuesday after the first Monday in November of even-numbered years. See Alaska Statutes 15.80.010
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • governing body: means the school board of a borough or city school district or a regional educational attendance area. See Alaska Statutes 14.60.010
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • highway: means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas. See Alaska Statutes 28.90.990
  • homeland security: means the detection, prevention, preemption, and deterrence of, protection from, and response to attacks targeted at territory, population, or infrastructure in this state. See Alaska Statutes 26.20.200
  • house district: means one of the districts described in art. See Alaska Statutes 15.80.010
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • instructor: means a person, whether acting personally as operator of a school or acting for a school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises practice of, persons in the driving of motor vehicles. See Alaska Statutes 28.17.071
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • judgment: means a judgment that is final by expiration without appeal of the time within which an appeal may be taken, or final by affirmation on appeal, given by a court of a state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration under the laws of this state, for damages, including damages for care and loss of services, because of bodily injury to or death of a person, or for damages because of injury to or destruction of property, including the loss of use of property, or upon a cause of action on an agreement of settlement for such damages. See Alaska Statutes 28.20.630
  • judicial district: means one of the districts defined in AS 22. See Alaska Statutes 15.80.010
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • land: as used in this chapter shall be construed as coextensive in meaning with "lands, tenements, and hereditaments" and the term "estate and interest in land" shall be construed to embrace every interest, freehold, and chattel, legal and equitable, present and future, vested and contingent in land as defined in this section. See Alaska Statutes 34.40.120
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • license: when used in relation to driver licensing, means a license, provisional license, or permit to drive a motor vehicle, or the privilege to drive or to obtain a license to drive a motor vehicle, under the laws of this state whether or not a person holds a valid license issued in this or another jurisdiction. See Alaska Statutes 28.90.990
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • lieutenant governor: includes an appointed lieutenant governor, governor, or acting governor if a vacancy has occurred in the office of lieutenant governor or governor. See Alaska Statutes 15.80.010
  • limited political party: means a political group which organizes for the purpose of selecting candidates for electors for President and Vice-President. See Alaska Statutes 15.80.010
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local election: means a regular or special election held by a borough, city, school district, or regional educational attendance area. See Alaska Statutes 15.80.010
  • member of a political party: means a person who supports the political program of a party. See Alaska Statutes 15.80.010
  • mental health land: means land granted under Title II, ? 202 of P. See Alaska Statutes 29.65.130
  • military facility zone: means an area that

    (A) meets the requirements of AS 26. See Alaska Statutes 26.30.900

  • military facility zone authority: means a public corporation established by one or more municipalities to administer a military facility zone located in the municipalities in the state. See Alaska Statutes 26.30.900
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month unless otherwise expressed. See Alaska Statutes 01.10.060
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • motorcycle: means a vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. See Alaska Statutes 28.90.990
  • 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
  • numerical identifier: means a voter?s date of birth, the last four digits of a voter?s social security number, a voter?s Alaska driver?s license number, or a voter?s Alaska identification card number or voter identification number. See Alaska Statutes 15.80.010
  • oath: includes affirmation or declaration. See Alaska Statutes 01.10.060
  • oath: includes affirmation. See Alaska Statutes 15.80.010
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • offer: includes every inducement, solicitation, or attempt to encourage a person to acquire an interest in land, if undertaken for gain or profit. See Alaska Statutes 34.55.044
  • official registration list: means the list of all voters qualified to vote at a particular election compiled in accordance with AS 15. See Alaska Statutes 15.80.010
  • owner: means a person, other than a lienholder, having the property in or title to a vehicle, including but not limited to a person entitled to the use and possession of a vehicle subject to a security interest in another person, but exclusive of a lessee under a lease not intended as security. See Alaska Statutes 28.90.990
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • party district committee: means the political party committee that performs the executive function for a region representing an area larger than a precinct and smaller than the state. See Alaska Statutes 15.80.010
  • patent: means a document, issued by the director to a municipality for a previously approved selection, that conveys and quitclaims all the right, title, and interest of the state without reservation or condition except as may be required by law. See Alaska Statutes 29.65.130
  • peace officer: means

    (A) an officer of the state troopers. See Alaska Statutes 01.10.060

  • person: includes a corporation, company, partnership, firm, association, organization, business trust, society, state or agency or subdivision of the state, municipality of the state, or an authority, as well as a natural person. See Alaska Statutes 30.13.900
  • person: means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of them having a joint or common interest, or any other legal or commercial entity. See Alaska Statutes 34.55.044
  • personal property: includes money, goods, chattels, things in action, and evidences of debt. See Alaska Statutes 01.10.060
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • political group: means a group of organized voters which represents a political program and which does not qualify as a political party. See Alaska Statutes 15.80.010
  • political party: means an organized group of voters that represents a political program and

    (A) that nominated a candidate for governor who received at least three percent of the total votes cast for governor at the preceding general election or has registered voters in the state equal in number to at least three percent of the total votes cast for governor at the preceding general election. See Alaska Statutes 15.80.010

  • political subdivision: means

    (A) a municipality. See Alaska Statutes 26.20.200

  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • precinct: means the territory within which resident voters may cast votes at one polling place. See Alaska Statutes 15.80.010
  • presidential election year: means a year in which the presidential electors are elected. See Alaska Statutes 15.80.010
  • Pretrial services officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • projects: means harbor, port, shipping and transportation facilities of all kinds, including harbors, channels, turning basins, anchorage areas, jetties, breakwaters, waterways, canals, locks, tidal basins, wharves, docks, piers, slips, bulkheads, public landings, warehouses, terminals, refrigerating and cold storage plants, rolling stock, car ferries, tugs, boats, conveyors, tunnels, bridges, highways, roads and railroads, and appliances of all kinds for the handling, storage, inspection, and transportation of freight and natural resource products. See Alaska Statutes 30.13.900
  • proof of financial responsibility: means an owner?s motor vehicle liability policy that covers all vehicles owned by the person that are subject to registration in this state, or if the person does not own a vehicle, proof required under AS 28. See Alaska Statutes 28.20.630
  • proposition: means an initiative, referendum, or constitutional amendment submitted at an election to the public for vote. See Alaska Statutes 15.80.010
  • public schools: include elementary schools, high schools, citizenship night schools for adults, and other public educational institutions that may be established. See Alaska Statutes 14.60.010
  • purchaser: means a person who acquires or attempts to acquire or succeeds to an interest in land. See Alaska Statutes 34.55.044
  • qualified voter: means a person who has the qualification of a voter and is not disqualified as provided by art. See Alaska Statutes 15.80.010
  • question: means an issue placed on the ballot to determine whether a judge or justice shall be accepted or rejected, whether a constitutional convention shall be called, whether a state debt shall be contracted, or whether a state official shall be recalled. See Alaska Statutes 15.80.010
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • regional educational attendance area: means an educational service area in the unorganized borough which may or may not include a military reservation, and that contains one or more public schools of grade levels K-12 or any portion of those grade levels that are to be operated under the management and control of a single regional school board. See Alaska Statutes 14.60.010
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • school: means a business or nonprofit enterprise for the education and training of persons, either practically or theoretically, or both, in the driving of motor vehicles, for which a consideration or tuition is charged. See Alaska Statutes 28.17.071
  • school board: means the school board of a borough or city school district or a regional educational attendance area. See Alaska Statutes 14.60.010
  • school land: means those rectangular sections 16 and 36 within each township surveyed on or before January 3, 1959, and confirmed and transferred to the State of Alaska upon its admission under ? 6(k), Alaska Statehood Act, 72 Stat. See Alaska Statutes 29.65.130
  • senate district: means one of the districts described in art. See Alaska Statutes 15.80.010
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • special election: means an election held at a time other than when the general or primary election is held and an election called to be held with, and at the time of, the general or primary election. See Alaska Statutes 15.80.010
  • special runoff election: means a runoff election for a United States senator or United States representative held because no candidate for the office received over 50 percent of the votes cast at the special election for that office. See Alaska Statutes 15.80.010
  • state party chairperson: means the political party official elected as the highest ranking statewide party executive. See Alaska Statutes 15.80.010
  • Statute: A law passed by a legislature.
  • subdivider: means an owner of subdivided land who offers it for disposition or the principal agent of an inactive owner. See Alaska Statutes 34.55.044
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • suspend: means the temporary withdrawal, by formal action of the Department of Public Safety or the Department of Administration or by formal action of a court, of a certificate, registration, license, permit, or privilege issued or allowed under this title or regulations adopted under this title, effective for a period of time which must be specifically designated by the appropriate department or by the court. See Alaska Statutes 28.90.990
  • sworn: includes affirmed. See Alaska Statutes 15.80.010
  • traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using a highway or vehicular way or area that is open to public use for purposes of travel. See Alaska Statutes 28.90.990
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
  • vehicular way or area: means a way, path, or area, other than a highway or private property, that is designated by official traffic control devices or customary usage and that is open to the public for purposes of pedestrian or vehicular travel, and which way or area may be restricted in use to pedestrians, bicycles, or other specific types of vehicles as determined by the Department of Public Safety or other agency having jurisdiction over the way, path, or area. See Alaska Statutes 28.90.990
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • voter: means a person who presents oneself for the purpose of voting either in person or by absentee ballot. See Alaska Statutes 15.80.010
  • writing: includes printing. See Alaska Statutes 01.10.060
  • zone: means a military facility zone. See Alaska Statutes 26.30.900